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    • Hello and welcome to CAG.   Here's a link to ACAS that should answer your contract questions. If you look around their site, you should find information about some of your other questions.   https://www.acas.org.uk/employment-contracts   I expect people will be along later with more answers.   Best, HB
    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
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HijoD

Eon uses my medical records to provide me a smart meter.

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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My energy supplier is Eon Energy. They have been very aggressive to try to provide me a smart meter. They come and visit me and want to talk to me but they never make an appointment. They call me all the time. I am most upset that they also decided to get in touch with my psychiatrist. I have no idea how they even know the name of this person and the contact details. Needless to say that I am horrified.

 

I have sent Eon Energy a SAR request but no reply at all. I have contacted them by sending them letters and complaining about their behaviour but no reply. I have chatted with them online and I got the transcripts. All Eon Energy wants to do is to talk to me. But I don't like talking.

 

I feel that my privacy has been violated. I don't think Eon Energy needs to contact any medical professional and get my medical records so that they could provide me a smart meter. I don't think I even need a smart meter.

 

How would I handle this matter? Information Commissioner's Office? Energy Ombudsman? Or something else?

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This sounds pretty extraordinary. Can you tell us more about the SAR.

 

When did you send it, and what exactly did it say? Are you able to post copy up here in PDF format

 

Also, do you know for certain that they have already contacted your psychiatrist? Tell us more about that.


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I'm not too sure why the OP starts a thread asking for help and then doesn't come back and engage with this thread to get some of the help that's on offer.


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I sent a SAR in September 2018 and I never got any reply. It was sent recorded and to the right address. I simply wonder why anyone did not take any notice. I cannot be the only person who sends a SAR to Eon Energy.

 

Yes, I know for certain that my psychiatrist was contacted by Eon Energy because my psychiatrist told me that she has been contacted by Eon Energy. She also confirmed it in writing.

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Thank you (BankFodder) to remind me that I don't engage with you or anyone one. I do my very best. I hope you do yours.

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Have you made a complaint to the information Commissioner? I suggest you do so. Do it initially on the telephone and then confirm in writing. It will take them ages to supply you with a reference number and particularly then to allocate the complaint to an investigator – but you may as well get it going.

 

Secondly, have you confirmation that the SAR was delivered? You sent it recorded delivery. Do you have a delivery receipt or some other evidence?

 

Also, what was the nature of the enquiry of your psychiatrist? How did they make contact – was it on the telephone or in writing?

 

Have you any idea at all how they might have discovered that you had been visiting a psychiatrist and also the identity of that person?


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I used the ICO's website and their SAR sample. I sent my SAR request to Eon Energy registered mail with the tracking option. I mentioned earlier on that it was sent recorded. I have a proof of their signature and that it was delivered. I used the wrong word recorded earlier on. I have a receipt to prove it and I have printed out the signature of the person who signed it on behalf of Eon Energy.

 

My psychiatrist told me that Eon Energy called her to ask about me. My name was mentioned. She was very upset since she cannot say anything to anyone. Not even to a police officer.

 

I have no idea at all how Eon Energy knew about my psychiatrist. I certainly did not give them the details. It is very disturbing.

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Of course if you give your psychiatrist permission, then she can give you all the evidence and statements that you want. I understand that you already have something from her in writing.

 

Does identify the date, time, person who called or the questions they asked?

 

The next thing is – what would you like to do about it

 

You haven't told us if you have made a complaint to the ICO?


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I asked her to provide me evidence that Eon Energy contacted her in writing. She simply confirmed that she got a phone call from Eon Energy and the name of the person who called her in writing.

 

I have not made a complaint to ICO yet. I am here on this forum to ask help.

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Then please start off by making a complaint to the ICO – as advised above. I have no doubt that they will find in your favour although it will take some time. However, their decision – which will be issued provisionally and tentatively – will be of help to you.

 

Secondly, what would you like to do about it? Anyway you will make any headway here is to begin a legal action for breach of the data protection act. If you have the letter from your psychiatrist then I would say that your chances of success are extremely high and also I think you could claim a reasonable compensation

 

I hope you won't mind me remarking that if you are seeing a psychiatrist, then it suggests to me that you have some kind of stress or emotional et cetera problems. I think that this means that you have a certain vulnerability and this would be very helpful in assessing the amount of damages that you might claim for.

 

Is your psychiatrist prepared to give any written opinion as to the effect that this enquiry by eon may have had on you now or in the future?


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Incidentally, there is an eon customer service rep who visits this forum and sometimes tries to give help. Given the seriousness of your complaint, then I try to come into this thread possibly with a view to diverting you away to the customer services department.

 

I suggest that you resist that offer – if it happens – or if you do decide to accept their advice, that you keep us very closely informed. You need to understand – in case you don't already – that eon's interest are not in alignment with yours


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My psychiatrist noticed how upset I was when she told me that she got a phone call from Eon Energy and the name of the person who contacted her. I have not discussed about any written opinion with her. She simply confirmed in writing that she got a phone call from Eon Energy and the name of the person, date and time of the call.

 

I wrote to Eon Energy and complained (registered letter with tracking option) but they did not respond.

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Okay, complaint to the ICO as I have suggested above. Contact your psychiatrist and ask if she will provide a confidential written statement about your condition and about how this enquiry has affected you.

 

Finally, you need to consider my question as to what are you prepared to do about it? If your psychiatrist's report is sufficiently helpful than I would have thought that you could be looking for between £1000 and £2000 in compensation. Unless there is some really good explanation as to how they knew that you are visiting a psychiatrist and where they got the information from and the authority to call your psychiatrist, then I consider that this is an extremely serious intrusion and breach of data protection rules.

 

I think you need to decide if you feel that you are strong enough to go through the process of bringing a legal action. I don't think it would be very difficult. If everything you say pans out, then the substantive breach of data protection rules is pretty well proven and it then becomes merely a dispute over the amount of damages.

 

Of course we will help you.


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Thank you for your help. Much appreciated and valued.

 

I start with ICO. And I will mention this matter again when I see my psychiatrist next time.

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When is "next time". It is more than a few days away then I think that you should make special arrangements to make it happen more quickly.

 

If you want to move forward on this then you need to move as rapidly as possible.

 

You still haven't said if you think you are prepared to take legal action – but if you are then you will need to move very decisively and aggressively. You will find that our style is not to hang around. I'm afraid that this is the only way to dominate large well resourced companies.


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I don't know yet if I take legal action or not.

 

I contact ICO tomorrow. Today is almost over and their office is closed now.

 

I see my psychiatrist next week.

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Hello HijoD and sorry for the late reply. I've not been around CAG for several weeks.

I agree with BankFodder. This is a very serious claim and I'd encourage you to follow the advice given.

It's very odd we've not responded to your complaint and I'd suggest escalating this to the next level and then to the Energy Ombudsman if you're not satisfied with the explanation. There's more about how to do this on our website.

Ask the Complaint Manager about the SAR too.

We take our responsibilities in looking after our customer's details very seriously. Must admit, I've not come across any situation like you describe before where we've independently contacted a medical professional or any third party without a customer's express consent. If this has happened, it needs dealing with at the highest level. Hence, my recommendation to follow the complaints procedure right through to the Energy Ombudsman if necessary. This is in addition to raising a complaint with the ICO and any other action you feel is appropriate.

As much supporting evidence as possible will help.

Sorry again for the late reply HijoD and please go along with BankFodder's advice and follow this through quickly.

Malc

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