Jump to content

holmer444

Registered Users

Change your profile picture
  • Posts

    94
  • Joined

  • Last visited

  • Days Won

    1

holmer444 last won the day on April 8 2023

holmer444 had the most liked content!

Reputation

17 Good

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Thanks for replying @FruitSalad1010, I haven't complained to the ICO, but certainly will do as would be keen to hear their views. In relation to their disclosure, VCS have taken me to court twice for non-payment of two PCN's and as part of their SAR disclosure for the first PCN they sent 20 unique documents. For the second PCN they sent only 1 document which consisted of screenshots of their internal workflow systems. No copies of the original PCN, none of the chasers/reminders, none of the court documents most (if not all) of which I believe I still have and can produce as part of my WS. When I chased them up they stated they had sent me everything they had. Appreciate they might suggest they have destroyed stuff as the original correspondence was nearly 7 years ago, but I'd question how they knew to start litigation if they'd thrown everything away?! In terms of the outcome I have zero expectations, but I feel I want to give it a go. I'm entirely aware that any court fees I incur will be lost if the judge finds in their favour, but the only way these firms will ever consider stopping such ridiculous shenanigans is if they are held to some level of account. Will amend the PoCs and post a revised version tomorrow.
  2. Thanks @FTMDave, I've just had a penny dropping moment, I didn't include the bit about ongoing action as I mistakenly presumed that would relate to their action against me (which is concluded and not ongoing), but it's mine against them isn't it that I don't have everything for. The earliest I'll be able to submit on MCOL is Friday as I'm away all day tomorrow with work, so happy to wait for any additional comments. When I do put on MCOL, would I do both claims at the same time or do I wait a day between and if so, is there a better order to doing it?
  3. They have already had the full 30 days @Nicky Boy. The original SAR request was made on 7 March.
  4. Revised SAR PoC's The Claimant submitted a subject access request under the Data Protection Act 2018 to Vehicle Control Services Limited on 7 March 2023. The Defendant has failed to make a full disclosure and has therefore breached the statutory deadline. This failure is still continuing today despite further correspondence with the Defendants data protection team and a 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. The Defendant knowingly deceived the DVLA by telling them the Claimant had breached something the Defendant knew to be untrue and perpetuated that lie by having debt collectors and solicitors write to the Claimant in an attempt to force payment. This caused undue stress and embarrassment for the Claimant who lost sleep worrying that Bailiff's would visit his home in an attempt to try and force collection of payment. The Claimant seeks damages for distress £200.00
  5. Thanks Dave I started with the GDPR breach PoC's, how does this now sound; On 29 June 2016 the Defendant accessed my personal data held by the Driver and Vehicle Licensing Agency without reasonable cause. The Defendant used their access to my personal data to issue a county court claim against me which was totally without merit and was subsequently dismissed in court. The Defendant's breach caused me considerable distress. Having to deal with a vexatious claim over 18 months ate up a huge amount of time leading me to neglect my work and family and affected my sleep patterns. Particularly distressing was having to mentally prepare myself to appear in court twice with the original hearing on 24 November 2022 being adjourned because the Defendant's legal representative did not turn up to court. This unnecessarily elongated the process and caused further undue stress as I worried about the financial consequences of losing in court even though the Defendant's case was entirely without merit. I seek damages for distress £1,000 I've only gone back to 12 July 2021 (i.e. 18 months) for the time period of the distress as that was the date I received their LoC, is that right or should I go back to June 2016, that being the date VCS accessed my data and issued the original PCN?
  6. Apologies for the silence, been a crazy couple of days. Bizarrely, I have received another email from my friend Mark Robinson at Excel Parking in response to my letter before claim that simply states: Dear holmer444, We have supplied all of the data that we hold in relation to both PCN's. We do not have any other data we can supply. Regards Other than re-drafting my PoC's is there anything else I should be doing?
  7. For the GDPR breach; On 29 June 2016 the Defendant accessed my personal data held by the Driver and Vehicle Licensing Agency without reasonable cause. The Defendant used their access to my personal data to issue a county court claim against me which was totally without merit and was subsequently discontinued. The Defendant's breach caused me considerable distress. I seek damages for distress £xxx
  8. Righto, drafted some particulars of claim, for the SAR failure; The claimant submitted a subject access request pursuant to the Data Protection Act 2018 to Vehicle Control Services Limited on 7 March 2023. The Defendant has failed to make a full disclosure and has therefore breached the statutory deadline. This failure is still continuing today. 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. The claimant seeks damages for distress £xxx
  9. Thank you for replies folks. @FruitSalad1010, VCS have taken me to court twice for separate parking 'infringements' and separate judges have awarded in my favour both times. First case was an 'infringement' on 24 December 2019, I arrived in the car park at 11.10, did some shopping and left left at 11.47. Later in the day I returned to the same car park arriving back at around 14.30 and left at 14.52. VCS 'double dipped' and claimed I was parked there from 11.10 - 14.52. We went to court on 5 July 21, I presented google maps data from my mobile phone showing my movements and the judge ruled in my favour. Second case was an 'infringement' on 11 June 2016, this was an overstay of 18 minutes, i.e. in the car park 78 minutes in total. We went to court on 30 January 23, I presented the parking contract between VCS and the land owner (received as part of their evidence pack) which included a schedule entitled The Parking Policy which contains the clause - 3. A minimum "Grace" period of thirty minutes will be utilised over the maximum stay period before a parking charge notice is issued". Judge ruled in my favour based on the fact that the PCN breached their own contract with the landowner.
  10. Thanks Dave, just so I'm clear, one PoC for the SAR failure and one for the unlawful request of my data? Will they be filed as two separate claims with two separate claim amounts or will they be one claim with two sets of particulars? I presumed the former, but in my reading up I saw a post from fruitsalad in the EPS thread that said: OP could litigate the matters separately however they have an obligation to unburden the court and it is probably expected that OP should issue a single claim for all the damages known to have resulted from EPS's unlawful activities. So wasn't entirely sure what would be the right option as I don't want to get off on the wrong foot with the court so to speak.
  11. Thanks for the help/comments/support and apologies for the radio silence, both letters went in yesterday as per FTMDave's excellent advice...now we wait
  12. So, it appears they're working today as just received this in response to my letter before claim Good morning, This case is currently with DCB Legal and any query would need to be made directly to them. You can contact them by phone on 0203 434 0437 or email [email protected] Anything I should be doing?
  13. SAR LBC is below... LETTER BEFORE CLAIM General Data Protection Regulations - Subject Access Request Your reference numbers: xxxxxxx & yyyyyyy To whom it may concern, On Tuesday 7 March 2023 I sent you a subject access request for a statutory disclosure of my personal data under the Data Protection Act. Receipt of this request was acknowledged by your Data Protection Team via a return email sent at 10:09am on the same day. The data you sent on 7 April was woefully inadequate and contained no data relating to PCN xxxxxx. It is obvious you have shared my data with third parties who have contacted me on your behalf and/or represented you in your vexatious litigation against me and no details of this data sharing were included in your correspondence. Because of this, you have failed to comply with the Subject Access 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. Yours faithfully
×
×
  • Create New...