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    • regarding 5. do I mention the CCA 1974 act or just leave is as 'section 78 request'  ?   Thanks you.
    • ive just received this reply this morning, no mention of the disability discrimination? should i reply and ask them why they are ignoring it?:   Thank you for your email.   I would like to clarify some details for you and reassure you that the fine has been looked into thoroughly from our side, from this it was confirmed that as the fine appeal has been denied and it was raised to IAS who also denied the appeal, as a result of this we would be unable to over turn this decision.   I understand this may not be the outcome you had hoped for, and I am sorry for any inconvenience caused.    Kind regards, Lauren
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    • 1.The Defendant contends that the particulars of claim are vague and generic in nature. The claimant even fails to refer to an agreement number. Therefore the defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. Paragraph 2 is noted. Whilst I have had dealings with Barclays Bank UK PLC given that claimant fails to refer to an account number I am unaware what agreement the claimant wishes to rely upon.   3.Paragraph 3 is noted although without knowledge of which account the claimant refers to I can neither admit or deny the receipt of a Default Notice pursuant to sec 87(1) CCA1974 being received.   4. Paragraph 4 is noted but again as above I am not aware of what agreement the assignment refers to.   5. On receipt of this claim I requested information pertaining to this claim from PRA group (UK) Limited by way of a CPR 31:14 request sent via 1st class recorded post on 06/06/2024 and further to the above I sent PRA group UK Portfolios Ltd a section 78 request via 1st class recorded post on 06/06/2024.   To date, PRA Group Uk Portfolios Ltd or PRA group (UK) Limited are yet to furnish me with the requested information  and therefore prevented from enforcing the alleged agreement.   6.Therefore with the court’s permission the Claimant is put to strict proof to evidence and :   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DVLA accuse local authorities of misuing their data.....they barred 150 Local authorities last year !!!


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LOCAL authorities are being suspended, and in some cases permanently barred, from accessing the information held on vehicles and drivers at the Driver and Vehicle Licensing Agency (DVLA), because of constant abuses of the system and flagrant mis-use of data, in complete contradiction to DVLA’s own rules and those of the Data Protection Act.

 

ON 14th May at the Local Authority Civil Enforcement Forum (LACEF)annual conference in Leicester Mr Mike Butler; DVLA Data Sharing Manager gave a speech about the local authorities and their request to DVLA for keeper records. Mr Butler stated the following:

 

“More than 150 councils have been barred at some stage because they have breached motorists’ privacy.We have been warning councils over unlawful spying using anti-terror legislation.”

 

He reiterated the basic rules for local authorities:

 

They can only access DVLA data if it is linked to the offence (usually parking).

 

There must be hard evidence – not a suspicion of wrong-doing.

 

Local authorities must already have the registration number of the vehicle – they cannot ‘fish’ the DVLA records.

 

Local authorities must have a proper audit trail in place.

 

Correct storage and retention of data is important.

 

 

 

 

Mr Butler explained: “With enquiries from local authorities, we experience some serious and some more commonly occurring issues.” These include:


    • Unable to evidence validity of enquiry

    • Incomplete or no audit trail

    • Gathering information for intelligence purposes

    • Personal data retained from erroneous enquiries

    • Altering date of event to obtain keeper details

    • Unauthorised enquiries made through intermediary

    • Absence of a data retention policy

    • Making enquiries without reasonable cause to information

    • Files containing personal data not adequately secured.

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TT, is this thread in the correct forum ?

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Bailiffs and local authorities routinely access DVLA records in relation to unpaid parking charge notices. In addition, when a bailiff levies upon a car when enforcing a Liability Order the DVLA records will be accessed by the bailiff company.

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