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kfdh1962

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Everything posted by kfdh1962

  1. i have just logged into MCOL , no updates on case history so it doesn't appear that the fleece's responded. The system has allowed me to progress further than yesterday so it appears that i can request the judgement now
  2. i gave the request a judgement a try on the earlier of the 2 claims but the system tells me the required number of days have not yet passed for me to request that
  3. FTMD , i have not had any communication from the fleecers on either claim. i have checked MCOL today and there no updates on either claim. The claims history box for both claims shows date claim submitted , and date claim issued , no other information ,
  4. date of issue of the SAR non compliance claim is listed as 15/03/23. Date of issue of the data breach claim is listed as 17/03/23
  5. submitted the second claim, so both data breach claim and SAR breach claim now submitted
  6. i did not get a definitive answer from the dvla , but in the fleecers original pcn they stated that they obtained my data from the dvla
  7. in respect to the POC's , and the date the fleecers accessed my data , i do not know the actual date that they accessed my data as they never responded to the SAR. I have the date of the alleged parking breach and the date of the pcn in consideration of that , would the wording need reflect them accessing my data sometime between those two dates ?
  8. . As this claim is for the GDPR data breach i was not sure of the extent to which the SAR issue should detailed with that matter being the subject of a separate claim . The feedback is appreciated,
  9. i am not sure this is right it feels a little clunky, i tired to combine parts of the SAR poc's and parts of the data breach loc any feedback is appreciated The defendant obtained my details from the Driver and Vehicle Licensing Agency in connection with an alleged parking issue on private land occurring om 23/02/2021. The claimant submitted a subject access request pursuant to the Data Protection Act 2018 to Euro Parking Services Ltd on January 4th 2023 to establish the grounds on which the defendant claimed to have the right to access my data, which they have failed to respond to and remain in breach of the statutory duty. The defendant had no justification for accessing my personal data. The extremely-short stay of my vehicle was allowed under the government Code of Practice, the BPA Code of Practice, the IPC Code of Practice and indeed by their contract with the landowner. This is an extremely serious breach as the defendant used my details to begin a vexatious court claim. That claim caused me considerable distress as I had to deal with that claim during a time when I should have been able to focus solely on my father’s ill health and end of life
  10. correct FTMD , day 15 tomorrow for the data breach, i will draft something up and post it for feedback
  11. nothing in the post yesterday , day 15 today so claim for SAR breach submitted today on MCOL
  12. i had left that line on further correspondence thinking that was a reference to the letter before action as well the further correspondence that moaning crusader then had, but i am happy to follow your guidance and amend as you suggested . Thank you for the feedback
  13. drafting some POC's based on the links shared , see below , is there anything else i need to add here ? The claimant submitted a subject access request pursuant to the Data Protection Act 2018 to Euro Parking Services Ltd on January 4th 2023. The Defendant breached the statutory deadline of 30 days and has failed to make the disclosure. This failure is continuing 1 month later, despite further correspondence with the defendant’s data protection team and reasonable response time given. The defendant's breach of their statutory duty and the claimant's inability to access their personal data has caused them serious issues and distress.
  14. nothing back from them yet FTMD , will take a read through that thread and start to put the particulars together
  15. no problem FTMD, letter before action on data breach sent yesterday 01/03/23
  16. i saw that , but haven't moved house. Maybe i mentioned moving homes for my mom who is in care as that was going on as well. I was juggling spending as much time with him given that it was end of life, still visiting mom , plus my own family and work which is why my witness statement was put together just in the final days before the deadline which i remember mentioning at the time, that i needed to get it done as deadline was approaching in amongst all of that ..... but such is life sometimes as you say . Now i also have the joys of probate , but i digress .. ill wait for any other comments on that letter until in the morning and get it off tomorrow
  17. i think that ftmd's draft covered it all, i did add a few words for context of distress, not sure if its needed although it is truthful , happy to be guided on that..... Dear Sirs Re: PCN no.XXXXX, County Court Claim no.XXXXX, Breach of General Data Protection Regulations (GDPR) I refer to your obtaining my details from the Driver and Vehicle Licensing Agency in the above matter. You had no justification for doing so. The extremely-short stay of my vehicle was allowed under the government Code of Practice, the BPA Code of Practice, the IPC Code of Practice and indeed by your contract with the landowner. This is an extremely serious breach as you used my details to begin a vexatious court claim which caused me considerable distress in having to deal with this during my father’s ill health and end of life I require payment of the sum of £600 within 14 days. If you fail to effect payment I will start a claim in the county court. Yours Sincerely
  18. the main discussion point seems to be around how much to claim for the data breach and vexatious claim arising from it . Guidance shared suggesting anything up to £2000 and some other case wins with payments of circa £500, FTMD's suggestion of £600 thus bringing into play high court bailiffs seems reasonable
  19. in reference to a couple of questions in the above posts , the SAR letter before claim has been sent to EPS but that was only this morning. As to whether my details were passed to debt collectors , i don't know that for certain but suspect not as the only communications i received came from EPS themselves or Gladstone's
  20. good morning , just catching up on all the posts from the last few days as i have been out of the country since Wednesday morning only arriving home late yesterday evening. i am in a position now to send of the GDPR claim letter that you have all been discussing. will take another look back through your posts now to draft my letter which i will come back and post up before doing anything
  21. apologies for the delays , work and dealing with my fathers estate have been taking up all my time. I read through the threads FTMD shared which were helpful, Letter before action drafted as below based on those threads LETTER BEFORE CLAIM General Data Protection Regulations - Subject Access Request Parking Charge Notice Number: XXXXX To whom it may concern, On Wednesday 4TH January 2023 I sent you a subject access request for a statutory disclosure of my personal data under the Data Protection Act. You have failed to comply with that request and you have now breached your statutory duty. This has caused me a great deal of distress not having my data in order to understand who is sharing my data and what data you hold on me, together with the necessity to chase after you to get this disclosure. You have 14 days to respond, after which I shall begin a County Court claim against you.
  22. thanks FTMD , i will take a read through those 2 threads
  23. that's correct , i sent the SAR by post to EPS on jan 4th after the various e mails bounced back. Unless anything came today , i have had nothing back from EPS so and was aware they were coming up to being out of time I also e mailed the DVLA asking them to re-look at the information they sent saying that there had been no requests to access my data yet a private parking company had obtained my data claiming that they had received my details form the dvla , but they have not responded to that e ,mail as i had . In respect to the SAR non compliance from EPS , what are the next steps, ?
  24. i have replied to the e mail for [email protected] for which my AR response came asking that they review their response stating that there has been no access to my data on the basis that a private parking firm contacted me in February 2021 stating specifically that they had obtained my details from DVLA so a response from DVLA stating that their had been no access request for my data doesn't not seem plausible
  25. The e mail came back from [email protected] There was a link to an encrypted attachment which was a letter stating there have been no request for data for the vehicle . I will redact and post that up. will read through there post link you shared also
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