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Harrow Council PCN', Newlyn, kickback bailiff tender, registration plate cloning

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I have now requested the intervention of the Information Commissioners Office regarding Harrow Borough Council's failure to supply me with full details of my SAR.

 

This is a copy

 

Dear Sirs

 

Subject Access Data Request made to Harrow Borough Council on 8/1/14, regarding myself (details below and BMWreg xxxxxxxxx)

 

Kennythecelt, North of Watford, Scotland.

 

Harrow Borough Council made an error, which they have subsequently acknowledged and issued me with a Parking Charge Notification (PCN). Unforunately, they further compounded this error and processed a non payment order at the Traffic Enforcement Centre (TEC) at Northampton. This resulted in Newlyn PLC (bailiffs contracted by Harrow Borough Council), being granted power to pursue me for a debt that did not exist in the first place. Newlyn's subsequently added charges to the original PCN amounting to £430.11 and did not provide a breakdown of those charges, despite being legally responsible to do so, and being requested on numerous occasions to do so by me. I now wish you to use your powers to provide me with a beak down of those costs as it is personal information which has been denied me.

 

I have made 7/8 Freedom of Information Requests to Harrow Borough Council, some of which they have replied to. They indicated that due to the cost of supplying further information, that they would not do so, and I accept that position. I requested the information as it relates to a profit share contract with bailiffs in the Harrow Council area.

 

I have made in excess of 40 complaints to Harrow Borough Council, seeking resolution of my case. I have followed their complaints process in its entirety with only 2 complaints being answered. However, the complaints have not been fully answered and I have requested that Harrow Borough Council escalate the complaint to Stage 3 of their process, which is the final stage of their complaints process.

 

The case started when Harrow Borough Council incorrectly input data relating to an alleged traffic violation recorded by their CCTV cameras. They contacted DVLA to request ownership details of the offender. However, the offender was a resident of the EU and the plate was a contintental registration which happened to match my own. The other car was a different model and colour from my own. Harrow received information from the DVLA which indicated I was the owner of the vehicle. However, Harrow breached their procedures as the information received from the DVLA indicated that the owner of xxxxxxxx had a Scottish post code, meaning that the process should have stopped at that stage. However, Harrow made an error and recorded my details, when I had nothing to do with the alleged offence. I live north of Watford, which is 800 miles from London and I have not been to London in the past 8 years. I am disabled and retired, so I could not even afford to travel there.

 

Due to the mistake by Harrow, their internal procedures took over and despite providing them with evidence that I had not committed an offence they proceeded to seek court powers to enforce payment using the powers of bailiffs ie Newlyn PLC. As a consequence, I received threatening letters from Newlyn PLC, contracted by Harrow, including Removal Notices and Notices of Seizure. Bailiffs have no such power in Scotland as the legal equivalent ie poindings and warrant sales were abolished by the Scottish Government in 2001. Newlyn's misrepresented their powers and inflated invoices falsely.

 

I have made in excess of 50 complaints to Newlyn PLC, regarding their misrepresentation and the fact that I was innocent.

 

All of this has had a severe impact on my welfare as I suffer from acute clinical depression and bipolar affective disorder.

 

I submitted a Subject Access Request to Harrow Borough Council on 8/1/14. They replied on 14/2/14. However, this was not comprehensive and I can prove that as it did not contain the majority of email complaints I had made to Harrow, computer generated receipts for complaints made, FOI requests made and receipts generated, any correspondence received from DVLA, any communications between Harrow and their Contractors- Newlyn PLC (bailiffs) who act as agents on behalf of Harrow. Despite requesting that my SAR should cover agents/ contractors acting on behalf of Harrow, their was a complete and total lack of information held by Newlyn PLC, forwarded to me by Harrow.

 

I emailed Harrow on 12/2/14, giving them an additional 14 days to supply the information requested to me. They have failed to do so, despite me advising them that is they failed to supply it, I would refer the matter to The Information Commissioner. This I am now doing.

 

I require all information held by Harrow regarding my data, all communication exchanges regarding me within Harrow and between Harrow and DVLA and Newlyn PLC. I also require all information held by Newlyn PLC who were contracted by Harrow and act as their contractors/ agents. The attached emails give full details of the data requested.

 

Please inform me if you can assist me and what powers you have that can force Harrow to provide all personal data, be that hard copies, electronic, voice recordings, archived, etc. This also extends to any information held by the Leader of Harrow Borough Council, Susan Hall.

 

Lastly, can you please provide me with a legal explanation as to why a firm of private bailiffs should hold information related to my personal data when a mistake has been made by Harrow. I do not believe that is legal or fair. Do you have powers to ensure that all data held by Newlyn PLC is deleted, as this is held due to an error made by Harrow, which is acknowledged by Harrow themselves. Harrow stated to me they had instructed Newlyns to return all data and that they had received it. However, I have since checked with Newlyn and they still hold all data and have said that it is company policy to hold the data for 6 years. Now I can understand that if I owed money, but, I am an innocent victim.

 

Please note copies of the following emails, relative to SAR, issued to Harrow Borough Council:

 

 

 

 

I received your response to my subject access request today, your letter was dated 10 February 2014.

 

I consider the subject access request (SAR) to be non compliant on the following grounds (extending to but not yet comprehensive):

 

For example, I have evidence of emails sent to you and other staff that have not been supplied by you to me in your reply of 10/2/14.

 

It does not make full comprehensive reference to the numerous complaints which I have submitted to Harrow Council. In this respect, if your organisation had been dealing with any of the complaints I have made, there will also be internal paperwork and/ or emails within your organisation which detail your response to my complaints and how your Council intended to respond to me in respect of my complaints. There will also be correspondence between traffic enforcement officers and yourself in respect of complaints and data protection issues. However, nothing regarding this has been supplied to me. I have copies of all complaints made on your automated system, but none of these are included in the material you have supplied to me.

 

Newlyn's, bailiffs are your contractors, you have a contract or service level agreement with them and they have acted on your behalf in respect of this alleged traffic violation. As such, my Subject Access Request extends to all information held by them concerning me, IE

 

Kennythecelt

North of Watford

 

Car reg xxxxxxxxxx

Newlyn Ref: xxxxxxxxxxxxxxxx,

Council Ref: HRxxxxxxxx

 

You are also responsible and accountable for ensuring that all personal information related to me and held by Newlyn's is supplied to me.

 

I have made numerous complaints to Newlyn's and you are required to supply full information held by that company regarding my personal information ie complaints made by me, internal emails within that company regarding my case, any correspondence between Harrow Borough Council and Newlyn's in respect of those complaints or the traffic ticket in general, information held on their IT systems, cached IT information, paperwork held by them, monitoring information/ reports regarding my case and recordings and/ or transcripts of any telephone conversations I have had with them. I am fully aware that all telphone conversations to Newlyn's are recorded by them and stored for 6 years. Likewise, correspondence between Harrow and Newlyn should be provided. This list is not exhaustive as once you supply this information, I may discover that other information is held.

 

As an example, you have not included any further information in respect of the letter to me from Mr xxxxxxxxxxx, dated 7/1/14, which stated that he had been in contact with Newlyns to cancel the PLC. I expect to be provided with the instructions/ emails/ letters, etc that he sent to Newlyn's confirming the ticket was to be cancelled and their reply/ confirmation. Likewise, I expect copies of all files that he states in his letter were returned to him by that date, from Newlyn's in respect of my data. This is an obvious error, one of many.

 

You should note, that Harrow Borough Council are fully responsible for ensuring that all letters and a FULL breakdown of the costs of all invoices/ seizure notices/ Notices of Removal, ETC issued on your behalf by Newlyn PLC are supplied to me. This information is most definitely required. Your contract conditions dictate the a breakdown of costs is to be supplied to each client by both bailiff companies "employed"/ acting on your behalf.

 

I am aware that your Council's contract/ service level agreement with Newlyn's provides for regular monitoring reports, (I have a copy of the contract conditions), so I expect that information to be supplied, where it makes reference to my data. I am likewise aware that during the contract duration, that your traffic enforcement staff have 24 hour access to all traffic violation information in respect of charges issued by your Council. I expect information in respect of my own case to be supplied, with the details of other drivers deleted, for obvious data protection reasons.

 

If I could return to Mr xxxxxxxxx's letter of 7/1/14. He stated that all files had been returned. However, I have since discovered that this is not the case, because when I call that company, and enter the Newlyn Reference number they still have full access to all my personal data. This should not be the case and is a breach of my rights under the Data Protection Act and also, contradicts the assurances given by your officer, Mr xxxxxxxxxxxx.

 

Should Newlyn inform you that they have since deleted all data then, I wish the information to be electronically retrieved which is a simple process. It will in any case, be backed up for security reasons. I would also like an explanation as to why they hold information on me.

 

You received my Subject Access Request on 8 January 2014. You had 40 days from that date to fully comply with the request prior to reference being made to The Information Commissioner. You responded to my request on 10 February which is 30 days.

 

If I do not receive a comprehensive response, regarding the ommissions and issues raised above, from your organisation within 14 days, I will submit a ‘request for assessment’ to the Information Commissioner’s Office (ICO).

 

Without prejudice

 

Kind Regards

 

Kennythecelt

 

 

 

You have not adequately responded to this question, which I now wish treated as a complaint.

 

You did not reply to this email informing me how I could comply with your stated policy to provide information by attending your office when I live 800 miles away.

 

Kind regards, Kennythecelt

 

 

 

From: kennythecelt To: eforms@harrow.gov.uk; parking.enforcement@harrow.gov.uk; enquiries@newlynplc.co.uk; cctv.operations@harrow.gov.uk; harrow@icaseworkmail.com

Subject: RE: HR xxxxxxxxxxx- PENALTY CHARGE BMW xxxxxxxxxxxxxx

Date: Wed, 8 Jan 2014 11:52:49 +0000

 

I am registered disabled and do not have access to a post office nor can I afford the expense, so this request is being made by email. Your web site indicates that I should visit your office and provide proof of ID. This is clearly impossible as I am disabled, live on an island, have never been to London in the past 6/8 years and due to the expense of travelling there. You already have proof of my ID and address having contacted the DVLA and by using the services of both parking enforcement agencies and Bailiffs. So that is entirely spurious and unnecessary.

 

I am contacting you to make a full subject access request under the Data Protection Act 1998, requesting that you release any and all information relation to myself and a vehicle registered in my name which was the subject of a crime.

 

ie

 

kennythecelt

North of Watford

 

This request also relates to a vehicle registered in my name ie Silver BMW xxxxxxxxxxxx.

 

It relates to a penalty charge notice incorrectly issued to me concerning a cloned car which was the subject of a crime reported to my local police.

 

This information also relates to

 

hard copies of paper information inc correspondence and parking tickets,

Advice and information provided to me

Electronic information and emails, photographs and video recordings relating to a BMW XXXXXXXXXXXXXX (registered to me), correspondence with DVLA, etc, held by you and copies of correspondence relating to any legal issues, communications from the Police, Court proceedings, Solicitors, etc

comments referring to me or a vehicle registered in my name, by yourselves or anyone acting on your behalf

recording of telephone conversations made by me to you or by you concerning me to parking enforcement agencies action on your behalf or Bailiffs acting on your behalf

correspondence between such agencies, relating to myself and yourselves, including Newlyn Bailiffs, and any parking enforcement companies/ agencies operating on your behalf

Any information requested from and received from DVLA, Metropolitan Police or Police Scotland concerning me, car reg XXXXXXXXXXXXX, and the crime committed against me and your errors

It includes any archived information

 

Please note that your web site does not facilitate telephone enquiries. I do not have a cheque book. If there is a fee to be paid, please send an invoice to my contact details below so that I can pay by debit card over the phone. Please provide details relating to how I do this.

 

Note that this information may be founded upon in court as you have caused me extreme harm, distress and anxiety by falsely issuing a parking ticket and pursuing this through a court and utilising the services of a bailiff when I have clearly evidenced that I have been the victim of a crime.

 

Without prejudice

 

Kennythecelt

 

 

 

 

 

 

Please note that due to the fact Harrow had made a mistake they waived their right to charge me a £10 fee, which I had been willing to pay them. Their web site also states that I am required to attend their offices and present my passport or driving licence etc which was obviously impossible. This is a link to their web site and what it states regarding SAR:

 

(I believe this policy to be wrong as it is impossible for someone like myself who lives so far away and is disabled to comply with. I am interested in your views on this please.)

 

http://www.harrow.gov.uk/info/200031/data_protection_and_freedom_of_information_foi/647/data_protection_act/3

 

To download a subject access request (SAR) form, use the button below:

Application form

 

Original proof of identify and address is required to ensure that we only give information to the correct person. This will need to be provided in person, e.g. valid photo ID driving licence or passport and a recent utility bill, bank statement or council tax bill showing your name and address.

Once completed, please bring the subject access request form (along with evidence of identity and a £10 fee) to the Civic Centre Main Reception.

An individual's personal data is exempt from release under the Freedom of Information Act and the Environmental Information Regulations.

 

 

(It is against the regulations of both the DVLA and Passport Office requiring me to post my driving licence to someone or my passport due to the risk of it being mis-used or due to the risk of identity theft. Likewise, I did not have any confidence in Harrow not to lose the documents due to their previous incompetence. I believe their policy discourages people from making relevant Subject Access Requests, to which a person is legally entitled. This policy acts as a barrier to that right of access.)

 

I look forward to hearing from you and I will be pleased to supply any further informatin which you may require, I can be contacted on xxxxxxxxxxx)

 

Thank you in anticipation

 

Kind regards

 

Kennythecelt

 

 

 

Let's see what happens now.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

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kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Electronic confirmation of my email to The Information Commissioner's Office just received

 

 

 

 

Thank you for contacting the Information Commissioner’s Office (ICO). This message is to confirm that we have received your correspondence. Please do not reply to this email.

 

 

 

If you have submitted a new complaint

 

We aim to provide an initial response and case reference number within 30 days.

 

 

 

If you have requested advice

 

We aim to respond to requests for advice within 14 days.

 

 

 

If your correspondence relates to an existing case

 

This will be added to your case and considered on allocation to a case officer.

 

 

 

Copied correspondence

 

Please note that we do not respond to copied correspondence. If you have a matter you would like to discuss please call our helpline on 0303 123 1113 (local rate) or 01625 545745 if you prefer to use a national rate number.

 

 

 

 

 

Yours sincerely,


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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So, I will have to wait at least 30 days before taking further action as I require the information from my SAR request.

 

In the meantime, Harrow have to reply to the final stage of the complaints process which in their case is Stage 3. This is meant to be conducted by a senior officer having an overview of the entire case and someone who has not been involved in the process to date.

 

I raised my Stage 3 complaint on 14 February 2014. They have 20 working days to provide an answer. That means I should receive a reply by 13 March 2014. This will be their final comment on the matter, after which they will say I can refer the matter to the LGO, if I remain unhappy.

 

I am not contacting Harrow in any shape or fashion to remind them of their own timescales nor to remind them of any aspect of any aspect of my complaints I require addressed. They already have this information at their finger tips. It is up to them to deal with and protect their own interests. I will protect my interests by remaining completely silent.

 

In the meantime, I need to do some detailed research, prepare for possible small claims court action and play the waiting game.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Visited my pyschiatrist today. She decided to prescribe lithium and I must continue with Depakote for my bipolar affective disorder. I may be weaned off the Depakote depending on the effectiveness of the lithium. I continue with anti depressants and sleeping tablets.

 

She also prescribed diazepam due to anxiety as she wants me to be calmer. I now require regular monitoring by GP, nurses for bloods and CPN due to impact of lithium.

 

Discussed the impact of this case on my health. She wanted to discuss whether it is worthwhile continuing. I replied that I have no option but to continue, I feel compelled to do so, given the way I have been treated and the underhand tactics of bailiffs who are clearly guilty of misrepresentation. I want them to learn a lesson. My families views also need to be considered, as my first priority. However, I am aware that I need to step back for a while and I have that opportunity anyway as I am awaiting

 

Final reply from Harrow to stage 3 of complaints process

Reply from ICO

ETC

 

So my hands are effectively tied at the moment and I will look at framing court action as I know within myself that there will be no satisfactory answer from Harrow or an acknowledgement from them that their bailiffs acted beyond their powers.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Finally, a reply from the offices of Right Hon Eric Pickles, MP. However, he has ignored all of the points I raised regarding Harrow's profit share contract with it's bailiffs and has not contacted Harrow, at all.

 

A complete waste of time writing to him/ his office, but I can use it to demonstrate that I have used all possible avenues open to me, when needed, at a later date.

 

7 weeks to produce the following bit of tosh............

 

Dear Mr kennythecelt,

 

 

 

Thank you for your e mail of 18 January to the Rt Hon Eric Pickles MP, about Harrow Borough Council. As I am sure you will appreciate, the Secretary of State receives a great deal of correspondence and cannot reply to it all personally. Instead, the correspondence unit here at the Department for Communities and Local Government allocate the correspondence to the team with policy responsibility for the content of the correspondence. I am responding to your letter because I work in the team here at the Department for Communities and Local Government that deals with the conduct of councils and councillors.

 

 

 

I would like to begin by apologising for the delay in responding to your letter, and by saying how sorry to read of your problems with Harrow Council.

 

 

 

It may help if I begin by explaining a little about the relationship between central Government and local authorities in England, and specifically the role of the Department in considering complaints about a local authority, and the extent of our powers. Local authorities act independently of central Government. Ministers, even the Prime Minister, have no remit to intervene in the day to day affairs of local authorities, except where specific provision has been made in an Act of Parliament. Local authorities are accountable for their actions to their electorate and must act within their statutory powers.

 

 

 

This independence is to ensure that a Minister in London cannot interfere with decisions taken by a democratically elected local council just because, for instance, the Minister and the council are from different political parties. This legal position is supported by the policies of this Government. The Government considers that it is for local people to hold their council to account rather than imposing a top-down, centralist approach.

 

 

 

There are, however, local and national measures for holding councils to account. If you have a complaint about the council, in the first instance you should direct your complaint towards the local authority involved. The council should have a complaints department that you can contact. Using the official complaints system can be the quickest way to get effective redress and can also flag up with a council a problem with their services that they were not aware of. I appreciate that you may have already done this but if not, would advise that you use the formal complaint system of the council. The details of this should be on the council’s web-site.

 

 

 

If you are unable to obtain satisfactory redress at a local level, and you consider that you have suffered injustice as a result of the council’s actions, you may well wish to contact the Local Government Ombudsman, the national organisation that deals with complaints about councils. The Ombudsman’s role is to investigate complaints by individual citizens who consider they have suffered injustice arising from maladministration by local authorities. The Ombudsman is independent of both central and local government to ensure impartiality in his decisions.

 

 

 

You can contact the Local Government Ombudsman on 0300 061 0614, or write to them at The Local Government Ombudsman, PO Box 4771, Coventry CV4 0EH.

 

 

 

I appreciate this is not the response that you will have been hoping for, but the Department is unable to intervene in this matter on your behalf.

 

 

 

Regards,

 

 

 

xxxxxxxxxxxxxxxxxxxxxx

 

Democracy Division

 

Department for Communities and Local Government

 

0303 xxxxxxxxxxxx


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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My local MP wrote to Harrow on 14 January 2014.

 

I phoned his office today to be informed that Harrow have not replied to him.

 

I knew that anyway, otherwise he would have been in touch with me.

 

The purpose of the call was to note the lack of reply and for his office to send a follow up letter.

 

Their reply should tie in with Harrow's stage 3 reply to their complaints process which is due on 13 March.

 

Harrow certainly don't do public relations or customer service. They truly are the most inept Council I have ever encountered.

 

Hopefully, however, that all works to my advantage.

 

I would like to be in the position where they do not reply to stage 3, which is their final stage, of their complaints process. As that would demonstrate even further complete disregard for the complaints I have made.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Once Harrow's Stage 3 complaint deadline has passed ie next week, I will phone the LGO and discuss my case with them, without making it formal, at least, at this stage.

 

My preferred route is Small Claims Court action, but it would be nice to have the weight of the LGO behind me. There are pro's and con's which I need to consider.

 

Since Harrow have not met the deadline for compliance with my SAR, I will raise a complaint with the ICO next week. Again, this works in my favour.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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This is quite a handy site detailing FOI requests made to various bodies/ authorities across the UK. It is useful, as a lot of authorities do not make it easy for someone to locate information they are interested in. Further, once you reach the stage thaat an authority states you have reached you maximum number of FOI requests due to cost, additional ones can be made here.

 

I am going to research parking related FOI info on this site, which might be useful for me.

 

I am also intending to make further requests direct to Harrow, using my brother, who lives elsewhere. That way, I will obtain the information I still require.

 

https://www.whatdotheyknow.com/body/harrow_borough_council

 

Just as an aside re Council Tax left unpaid by Councillors. In Scotland, there is no issue with publishing this information or in respect of any rent arrears a councillor may have.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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I followed your route with a council and got to court, now been waiting 2 months for the judge's reserved judgement. It will be very very slow, mine was a simple matter but took 4 case direction meetings with their orders ignored by council. They received a minor telling off for the time wasting but nothing for the contempt nor for breaking other laws.

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I followed your route with a council and got to court, now been waiting 2 months for the judge's reserved judgement. It will be very very slow, mine was a simple matter but took 4 case direction meetings with their orders ignored by council. They received a minor telling off for the time wasting but nothing for the contempt nor for breaking other laws.

 

Yes, it can be frustrating but well done for following it through.

 

Given the contempt Harrow have shown towards me and my MP, I fully expect them to ignore a small claims action coming from a Scottish Court. I want to tackle the misrepresentation angle re their bailiffs claiming right to seize and remove in Scotland which is not the case. Even if I win by default, I will regard that as a victory as I may be able to use the media to shame them, not that they will be too bothered.

 

I don't like being ignored or lied to and that motivates me all the more.

 

They have not complied on a wide range of issues and a judge in a Sheriff Court might quite enjoy giving one to the boys down South, provided the evidence is in place and argued correctly.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

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kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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My council have now been getting private investigators and fraud investigation agencies to look into my finances and home life. Another bloody battle to fight and it must be costing them a small fortune to do all of this (original claim for damages was only £1 plus costs but a couple of people will have lost their jobs-"early retirement"). Check your credit files and see you has been looking into you.

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Since Harrow did not respond to my email indicating that they had not complied fully with my SAR I gave them 7 days notice detailing what information I required, then informing them that if the information was not forthcoming that I would request the ICO to intervene. True to form, Harrow did nothing so I have emailed the ICO who have acknowledged my email. The Information Commissioner has requested a copy of my original SAR to Harrow, the chase up letter and the last email. All of these have now been submitted to together with details of the broad information I require ie all personal data, including DVLA, Northampton Traffic Enforcement Centre, everything to do with Newlyn's, including a breakdown of all charges/ invoices issues by Newlyn's which I have never seen. I know the total amounts but not the detail of what makes up the charges.

 

Tomorrow is the deadline for Harrow to reply to Stage 3 of their complaints process for every complaint I have raised with them.

 

As I indicated earlier, I am not reminding them of this date or that they need to reply.

 

This inaction plays entirely into my hands. Lovely stuff. I hope they do not respond and then I can quietly devote my time to preparing a small claim action against them.

 

I am interested in anyone's opinion as to whether they think I should go to the LGO first or leave them out of the equation. I have noticed on the LGO web site that as regards parking the LGO very rarely finds in favour of appellants.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Eric'sbrother, can you prove this? Do you receive any type of benefit or Council Tax Benefit, that may on the face of it appear to give them some ulterior justification or are you stating they are being malicious?

 

This is entirely wrong.

Edited by kennythecelt
sp

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Not receiving any benefits, as said, took them to court (under Equalities Act). Council obliged to provide all paperwork by a certain date and a day before that date they go trawling the CRA's and their insurer has done same. Guess they are looking at whether I have any skeletons they can exploit so they must be very upset for wasting their money and worse than that, dont need the money should I be awarded anything more than a token amount.

AS for LGO, they are only any use if there is no other alternative and that includes small claims so generally their powers are limited to certain types of maladministration. If you do use LGO then make sure that your complaint is about aspects of their maladministration that arent covered by court claim, such as failure to use the procedures.

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Not receiving any benefits, as said, took them to court (under Equalities Act). Council obliged to provide all paperwork by a certain date and a day before that date they go trawling the CRA's and their insurer has done same. Guess they are looking at whether I have any skeletons they can exploit so they must be very upset for wasting their money and worse than that, dont need the money should I be awarded anything more than a token amount.

AS for LGO, they are only any use if there is no other alternative and that includes small claims so generally their powers are limited to certain types of maladministration. If you do use LGO then make sure that your complaint is about aspects of their maladministration that arent covered by court claim, such as failure to use the procedures.

 

I find what happened to you absolutely staggering and morally reprehensible. It is a misuse of public role and money. You should pursue that.

 

There was a definite breach in the procedures of Harrow, which Harrow have admitted. The 3 main ones are-

 

They should have accepted the evidence I provided them with, that I was not the driver or owner of the offending vehicle, based on DVLA info, photo's, etc.

 

They should not have entered a continental style number plate, captured from their camera's, onto their ticketing system data base.

 

They should not have entered the details of a registered owner with a Scottish post code into the Traffic Enforcement Centre's computer system seeking court action.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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My MP has just written to me to inform me that he has met with a wall of silence from London Borough Of Harrow and that they have not replied to 2 letters from him on my behalf.

 

He is going to write to Susan Hall, who is the leader of Harrow. She's a bit of nasty stuff with horrid publically stated views on immigration and people on benefits.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Not receiving any benefits, as said, took them to court (under Equalities Act). Council obliged to provide all paperwork by a certain date and a day before that date they go trawling the CRA's and their insurer has done same. Guess they are looking at whether I have any skeletons they can exploit so they must be very upset for wasting their money and worse than that, dont need the money should I be awarded anything more than a token amount.

AS for LGO, they are only any use if there is no other alternative and that includes small claims so generally their powers are limited to certain types of maladministration. If you do use LGO then make sure that your complaint is about aspects of their maladministration that arent covered by court claim, such as failure to use the procedures.

 

Meant to ask- why did you use Equalities Act?


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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TEC have not replied to an earlier email. I have resent the following

 

FAO xxxxxxxxxx

TEC & CAPS Team Leader

 

 

 

Dear Sir

 

I would like to extend my grateful thanks to you for resolving this matter on my behalf. It is sad state of affairs that it was left to yourselves and myself to resolve.

 

Harrow issued me with a letter some weeks ago indicating that they had taken action to cancel the PCN and they confirmed to me that this had been undertaken. Clearly, they lied. I cannot understand why they would claim this when it is so clearly disproved.

 

For my information, can you please confirm which part(s) of section 75, of The Civil Procedure Rules (CPR) that the PCN and registration by Harrow Borough Council failed to comply with please.

 

Once again, many thanks for your assistance.

 

I look forward to hearing from you.

 

Kind regards

 

Kennythecelt


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Looks like the Information Commissioner is going to take up my case on my behalf as I have just received the following email.

 

PROTECT

 

 

20 March 2014

 

 

Case Reference Number RFAxxxxxxxx

 

 

Dear kennythecelt

 

 

Thank you for your further correspondence dated 12 March 2014 regarding Harrow Borough Council.

 

The Information Commissioner’s case-handling process is a staged process. This means that complaints may pass through a number of stages before they are resolved.

 

In view of the further information you have provided, we have made the decision to transfer this case to a sector specific team which deal with cases that require more detailed consideration. A member of staff from this team will contact you in due course.

 

You will notice that there are two reference numbers at the top of this page. To explain why, RFAxxxxxxxx relates to the original documents you sent to us on 28 February 2014. RFAxxxxxxxx is a new reference number, which relates to the further information you have sent us in order to progress your complaint.

 

Please quote RFAxxxxxxxxx (new number) in any future correspondence with us regarding this matter.

 

This will ensure that the information is added directly to your case. However, please be aware that this is an automated process. The information will not be read by a member of our staff until your case is allocated to an officer.

 

Please note that allocation to a case officer may take some time as we are currently working through a large number of complaints and enquiries. Our sector teams are currently working on cases from 28 February 2014.

 

If you have questions regarding any aspect of your case prior to our contacting you please call our helpline on 0303 123 1113.

 

Yours sincerely,

 

Sent on behalf of

xxxxxxxxxxxxxx

Group Manager

Complaints Resolution

Information Commissioner’s Office

 

 

 

There are five interesting issues which I will raise with the ICO at a later stage.

 

Harrow Borough Council wrongly forwarded my personal data to The Traffic Enforcement Centre. They wrongly obtained data from DVLA when they should not have requested that information, which I regard as a misuse of my data. (Indeed, should the DVLA have passed my personal details to Harrow, in view of my Scottish post code?).

 

The next is that Newlyn PLC bailiff's have confirmed to me by email that they will hold my personal data for 6 years. Now, bear in mind that this results from an admitted mistake made by Harrow (I was not guilty of anything) so why should a private firm of bailiffs hold any information on me at all? (Yes, I know they want to hold it so they can protect themselves in the event of possible legal action by me. But, that is irrelevant and they should be required to delete all reference to it, once I have a copy of everything they hold). Additionally, Harrow have confirmed in writing to me that all files were returned to them.

 

Thirdly, Newlyns issued me with grossly inflated invoices for approx £430 and despite repeated requests from me, they have not provided a breakdown of costs, to which I am entitled. Even a fool knows that the charges were wrongly and grossly inflated, possibly fraudulently. In a previous email to me, Newlyns tried to explain this away by stating that a mistake had been made which had been picked up by their audit team. (I wonder how often they try that on poor unsuspecting people and then threaten and hassle them?).

 

Fourthly, Harrow have not complied with my SAR, in any way shape or form. They failed to supply any information from Newlyn. They did not even bother to contact Newlyn. Having a copy of their tender, I know that they have full access to the computer systems at Newlyn PLC about my case.

 

Once I raise these issues with the ICO and hopefully, they resolve them, I shall ask that all information relating to me at Harrow and Newlyn's is entirely deleted as they have no reason to hold it.

 

Once that is achieved, I can then progress further action against them at my local Sheriff Court.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Meant to ask- why did you use Equalities Act?

Because I am deaf and they kept phoning me after I made a complaint about services and they didnt respond in time.

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And I assume they made no attempt to alter their means of communication to suit your particular needs. The baiiffs are supposed to highlight these issues to the Council.

 

Same thing happened with me re bipolar and acute clinical depression.

 

Like you they have not kept to their timescales.

 

You have just provided me with ammunition for my case- many thanks, as I had not considered that.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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nope, they denied that I was disabled and when I gave evidence that I was they merely claimed I hadnt told them, even when it was clearly there in black and white. they just wont admit they are wrong and when I asked for an apology they refused and said I would have to take them to court, so I did.

I am currently waiting for replies from my requests for info from the companies that the council has used to gain access to my credit files. some info I have had so far is interesting and the end result will be a complaint to the ICO, police and another civil suit

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nope, they denied that I was disabled and when I gave evidence that I was they merely claimed I hadnt told them, even when it was clearly there in black and white. they just wont admit they are wrong and when I asked for an apology they refused and said I would have to take them to court, so I did.

I am currently waiting for replies from my requests for info from the companies that the council has used to gain access to my credit files. some info I have had so far is interesting and the end result will be a complaint to the ICO, police and another civil suit

 

I want to be quite and honest about my own case. At the outset, if Harrow had admitted a mistake, apologised, taken the action they promised they promised they would and not allowed Newlyn to be so aggressive and be guilty of misrepresentation, I would have accepted that. They did not however and that allowed a catalogue of issues to arise. They then compounded that be ignoring me.

 

I can't walk from that as it is important to others.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Nothing much happening due to variety of reasons.

 

Harrow ignored every formal request made by me to escalate my complaint to a higher level. I ended by giving them a further 14 days and they ignored that. Weird bunch at Harrow.

 

ICO is working on my case and I need to find out the current situation. Newlyn replied to data request but refused to provide a breakdown of costs. We all know why that is.

 

Oh and Susan Hall and the Tories are no longer in power. That result fair cheered me up.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Oh, and they have refused to reply to my MSP.

 

This means there might be merit in considering the Ombudsman.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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