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Everything posted by pumpytums

  1. Happy New Year everyone, Thanks FTMDave I changed the letter to 28 days As expected no response from my original letter send in December. Letter before Court Claim sent to NCP via a signed for method Happy New Year NCP lets see if the reply, I wont hold my breath though. Not trying to jump the gun Claim form will be fairly straight forward in wording 1. The Defendant NCP LIMITED breached the Data Protection Act 2018, due to the unlawful/unwarranted processing of the Claimants personal data between the dates X and Y. 2. The Defendants unlawful/unwarranted processing of the Claimants personal data caused the Claimant distress/damages. 3. The Claimant claims compensation for contravention of the GDPR 2018 under GDPR Article 82 and/or Section 168 Compensation for contravention of the GDPR 4. The Claimant claims (a) Damages and distress £500 (b) interest, pursuant to s. 69 of the County Courts Act 1984, at such rates and for such periods on the sums found due to the Claimant as the Court may think fit.
  2. Hi everyone, just to complete this thread. The rejected washer was collected last week and today I received the refund the reduced the refund by approximately 2% as they are entitled to do 2% isn't bad for 9 months use though. Bit petty maybe but I got it back so all well that ends well. Only thing I would like to add is sometimes in companies you find that person who was brilliant in this case a nice lady called Gemma so if Curry's ever read this employ more people like her. Thanks for everyone's help too and Merry Christmas
  3. Hi Everyone, just preparing my letter before claim for NCP as there time is almost up. Does this sound okay :- LETTER BEFORE COURT CLAIM Dear Sir/Madam, I refer to my letter dated xx received and signed for by yourselves on the yy. I have received no reply or acknowledgement of the above with regards to National Car Parks Limited breach of the GDPR 2018 with regards to the unwarranted retrieval of my personal data from the DVLA and your subsequent processing and use of my personal data between the dates of dd and dd. On the xx my vehicle reg was parked at LOCATION between approximately 10am to 2pm. A ticket was purchased from the NCP Ticket machine and a fee of ££ was paid. On or about DATE NCP sent a Parking Charge Notice to Keeper requesting an amount of £60 or £100. The notice caused myself distress and was a clear breach of GDPR 2018. On the DATE I telephoned NCP questioning the notice, I also spent time searching for the receipt for the above and time completing NCP’s appeal process again this caused distress and damages. On DATE an email received from NCP confirmed that the appeal of the above notice was successful but offered no explanation or apology. As such I sent NCP a letter requesting (received DATE) recompense for distress and damages for the sum of £500, I allowed NCP 14 days to reply. To date NCP have not replied or acknowledged my letter. If I do not receive recompense (£500) within 14 days after receipt of this letter, I will take legal action against National Carparks Limited for their breach of GDPR 2018. I will also be contacting the ICO and the DVLA. I refer you to the Practice Direction (Pre-Action Protocols) in particular paragraph 15 and the sanctions for non compliance. You can find these on the Ministry of Justice website at: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct Any Court proceedings will include a claim for interest from the due date (DATE), Court fees and legal costs. Where appropriate, interest, compensation and further costs under the Late Payment of Commercial Debts (Interest) Act 1998 will be claimed at the courts discretion. I hope any legal action can be avoided and I look forward to your prompt reply. For you records this letter will be sent via a recorded postal method." Thanks in advance
  4. Morning everyone, yes the DVLA should be accountable 100%. Letter sent to NCP. On a side note and this is very interesting my vehicle was parked in the same carpark at the weekend (receipt kept and scanned :P). We were taking to a lady and NCP tried to do her son twice in the same car park via PCN's. So its certainly not an isolated incident at all. I wonder if it would be worth getting in touch with the local paper in the area? Thanks
  5. Thanks Christopher, I really cannot believe Samsung's ineptitude but Trustpilots 87% 1 Star BAD rating really speaks for itself. A important appliance like a Washing machine should be repaired in a reasonable time limit as required that's not 3 weeks. Thanks again for everyone's help
  6. Well it looks like I have a result, someone from Currys called me today and could not be more helpful and they have agreed to collect the washing machine and refund me. I emailed the CEO a few days ago and thought nothing would happen but it has. What a shame they didn't help like this in the first place. The emails I used were Alexander.baldock@dixonscarphone.com SCCCustomerSolutionsTeam@teamknowhow.com One more thing I would like to add Samsung especially their domestic appliances arm were absolutely useless during the whole process weeks sometimes to get an engineer visit call backs promised and not returned. I would seriously think twice about buying their domestic appliances they are not cheap and as I have said 2 failures on 3 appliances in less than a year. I certainly won't again, you would hope to get better customer care they even use a third party for repairs. So thank you everyone for your help
  7. One more question, If I exercise my final right to reject the goods as 1 repair was attempted and failed should I allow the repairer to return for a 2nd time or just stop them? I have already formally rejected the goods Thanks
  8. Many thanks Lookinforinfo, that certainly settles the matter of the £500, fantastic information Time to go to the post office Special delivery of course Merry Christmas NCP Thanks agian
  9. Thanks Dave, that's very interesting I know what you mean that case was from 2016. I suppose they were trying to get £100 out of me for a potential missed payment of £5. The question I may be asked would be how I came about a figure of £500 a litigant in person could claim £19 per hour so I suppose if it went to small claims I could easily rack up £500 that's only 25 hours with no postage or printing etc. I have defended cases before and won so I know how quickly the hours roll by. I will send the first letter prior to the LBA to show that I have attempted to sort the matter out fairs fair Thanks again for the information
  10. Hi Christopher, thank you very much I will try that this weekend. Thanks again
  11. Just to update this thread, I spoke to the repairing company the initial repair failed and they have said that the machine requires a new main wiring harness and a motor assembly. Best thing is they can't fix it till a week tomorrow. So will have been without a washing machine for nearly 3 weeks. So a 10 month old £550 machine needs a new motherboard, main wiring loom and a motor assembly. I will be phoning Currys at 12 today to confirm I'm rejecting the machine as they have had their chance to fix it and failed. Quite shocking on such an expensive 3x the cost of a normal make. Call did not go well as expected Currys tried to make out the warranty was with Samsung and nothing to do with them seriously. They also stated that Samsung would not write off an item or have it returned without 3 repairs. I actually spoke to the guy at Samsung and Currys had fobbed me off the guy was from their mobile phone section not domestic appliances he thought it was phone. Sadly Samsung could not do anything as usual. I have emailed the CEOS of Currys to see what they can do, does anyone know the email address for the CEOS of Samsung I tried going through their website with no luck. In desperation I took delivery of a washing machine this morning from AO as we cannot cope anymore. Do I have any recourse through small claims? Buyer beware indeed
  12. Morning, I was only considering contacting DVLA as NCP have obtained the data unlawfully and unfairly without reasonable cause. If NCP said they had reasonable cause it puts into doubt their whole ANPR and ticketing system. As you said NCP are the target for the requesting the data. Thanks
  13. Does this sound okay please lookinforinfo ? "I refer to your letter dated xxxxx relating to the parking of my vehicle in the xxxxxx. Thank you for the appeal reply dated xxxxxx. I must say I’m rather bemused by the content of said appeal reply specifically “Please ensure you take into account the terms and conditions of parking, to ensure you do not receive any further Parking Charge Notices” from the information I have on file it appears a ticket was indeed purchased from the machine at the above car park and paid for using cash specifically £xxxx. The registration of my vehicle was entered correctly as shown on the receipt as was the amount paid covered the length of stay of my vehicle again shown on the receipt. I can therefore see no breach of your terms and conditions. More importantly it appears that National Car Parks limited have breached my rights under the GDPR 2018. As you can appreciate as a company who understands the GDPR 2018 this is an incredibly serious and unwarranted breach. Having read up on such breaches I believe recompense is due to myself of £500. I require that this can be paid to myself within the next 4 weeks otherwise I will be seeking Court action and contacting the ICO. I don’t believe that this is an isolated incident at all hopefully the ICO will be able to contact other affected parties. I do hope any further action can be avoided and I look forward to your prompt reply."" Should I mention the DVLA too I know for a fact that they got the data from them? Also is the breach unlawful or illegal ? https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/804462/inf266-release-of-information-from-dvlas-registers.pdf I think I have answered my own question DVLA will only release information if its lawful and fair, NCP have therefore unlawfully and unfairly obtained my personal information from the DVLA. So to get this straight in my head NCP have breached the GDPR by obtaining personal and private information from the DVLA unlawfully and unfairly without reasonable cause and used the data for potential financial gain for themselves. Ouch naughty NCP. "The law allows DVLA to release information from the vehicle register to the police and local authorities. Regulation 27 of the Road Vehicles (Registration and Licensing) Regulation 2002 also allows us to release data to private or public sector organisations and individuals providing they can demonstrate reasonable cause to have it." "All of DVLA’s data sharing is carried out in accordance with data protection legislation. The Data Protection Act 2018 does not prevent data from being disclosed where this is done within data protection legislation. The right to process the data is either contained in statute, in common law or other prerogative powers of the Crown. DVLA will only release information when it is lawful and fair to do so."
  14. Just received an email from my NCP saying my appeal was successful. Unfortunately they have given no reason why it happen the cheeky sods have also stated :- "Please ensure you take into account the terms and conditions of parking, to ensure you do not receive any further Parking Charge Notices." I have requested an official complaint be opened but they seem to have ignored that can I contact the DVLA and maybe POPLA because there is something massively wrong with their system? Thanks
  15. Hi BF, thank you for your help. Much appreciated.
  16. Hi BF, thank you for the reply got one back from the solicitor too same time as you . Apparently you have to have an address on the Claim form unless your a judge or high ranking policeman. Found this under practice 16 STATEMENT OF CASE https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16 The claim form 2.1 Rule 16.2 refers to matters which the claim form must contain. Where the claim is for money, the claim form must also contain the statement of value referred to in rule 16.3. 2.2 The claim form must include an address at which the claimant resides or carries on business. This paragraph applies even though the claimant's address for service is the business address of his solicitor. 2.3 Where the defendant is an individual, the claimant should (if he is able to do so) include in the claim form an address at which the defendant resides or carries on business. This paragraph applies even though the defendant’s solicitors have agreed to accept service on the defendant’s behalf. 2.4 Any address which is provided for the purpose of these provisions must include a postcode or its equivalent in any EEA state (if applicable), unless the court orders otherwise. Postcode information for the United Kingdom may be obtained from www.royalmail.com or the Royal Mail Address Management Guide. 2.5 If the claim form does not show a full address, including postcode, at which the claimant(s) and defendant(s) reside or carry on business, the claim form will be issued but will be retained by the court and will not be served until the claimant has supplied a full address, including postcode, or the court has dispensed with the requirement to do so. The court will notify the claimant. 2.6 The claim form must be headed with the title of the proceedings, including the full name of each party. The full name means, in each case where it is known: It is a worry but the guy would need to be completely bonkers to try anything. So if I give up potentially I may end up paying the excess for something that wasn't my fault and losing my no claims.
  17. Hi, the engineer came to fix the machine and was not successful in fixing it can I know reject the washing machine? So we waited a week engineer came to fix it was not successful machine is still broken. Error code is showing for main motor now. What are my options? Six months or more If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you. In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range. The retailer can also make a deduction from any refund for fair use after the first six months of ownership if an attempt at a repair or replacement is unsuccessful. You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland. This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.
  18. Hi Everyone, I wonder if someone can give me some information on a pending claim please? A few months ago I was involved in a motor accident about £4000 worth of damage was done to my vehicle none to the other (commercial type) the other driver is 100% liable I have dashcam footage and even a witness, The incident was even reported to the police and I completed a statement no injuries to anyone. My car is now fixed by my insurance company I have just being contacted by the same to say that the other drivers insurance has not paid up hence they are involving their solicitors. I have received information from their solicitors and basically they are through small claims suing in my name the driver of the vehicle for the cost of the repairs plus hire car. I assume that it has to be done this way as I'm the one who has taken a loss etc. So I'm the Claimant. The problem I have is the other driver (Defendant) was to be kind a complete numpty, he is that kind of person you see on the TV on certain police traffic shows. I don't want him to have my home address they would be that stupid to maybe pay me a visit or do something even more stupid. They have to put my home address on the claim form, can they put care of the solicitors office? Nothing has been sent to the Defendant at this stage I have only received the forms for my signature. I think the whole claim thing is maybe to get his insurance company to pay up I have no idea why they have not yet. Thanks in advance
  19. Hi thanks BF, quick question again. Having looked on the Samsung community site it seems the ecobubble washers have huge issues its always the mother board that goes. As my machine is outside the 6 months if they replace the MB and it goes again can I reject the appliance because I'm having to wait for over a week for them to fix it and this is really not acceptable? Thanks in advance
  20. Here is the front page with a copy of ticket bottom corner. I will take some better scans tonight, sorry the area is quite a way from my home. Have deleted the jpeg and converted it to pdf, its not a good idea to post jpeg directly to a thread, only registered signed in CAGGERS can view a pdf, anyone can see a jpeg. BN pumpytums.pdf
  21. Hi HB, I said I was the owner of the vehicle and that I had a copy of the receipt from the ticket machine and asked them to explain why I was being sent an invoice for £60 when a valid ticket was purchased. I also stated I wanted to open an official complaint as I felt they were committing fraud. I sent them a scan of the receipt as part of the appeal. The receipt clearly gives the issue date and the max departure date and the reg of the vehicle. Thanks
  22. Hi Honeybee, thank you for the reply I have appealed lets see how that goes. Thanks again
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