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Backdoor Excel windscreen PCN CCJ - Acknowleged defective machine - given code to put on windscreen - SA1 carpark in Swansea


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Suggested letter to Excel parking
 

Quote

Dear X X X

Letter of Claim


As you know, on the X X X date I served you with a Subject Access Request under the Data Protection Act. This requires you to make full disclosure of all personal data you hold on me within 30 days.

In the event, I received a disclosure of certain personal data from you but on examination of the file and having compared it also to my own experiences, subject access request from ELMS legal and also from the DVLA, it is clear that the data disclosure which you have provided to to me is incomplete.

I'm sure you must realise that my subject access request requires you to produce all data that you hold on me and therefore your partial disclosure puts you in breach of the Act.

I'm considering taking legal action against you. Your breach of your statutory duty was complete at the expiry of the 30 day time limit for providing full disclosure and so therefore you have no defence to a possible action.

However, I'm giving you a further 14 days to provide me with a full disclosure of personal data. If you feel that you have complied with the Act and provide me with all the data that you hold on me then please state this unequivocally in writing – although on the evidence that I have before me, it is clear that this is not the case.

 

I have already pointed out to you that I am a frontline worker involved in the fight against the corona virus crisis and so apart from being an unnecessary distraction, your failure to comply with your legal obligations towards me are exacerbating the level of distress which I'm experiencing in any event.

If I do not receive a full disclosure which you hold on me within 14 days then I shall begin a legal action against you in the County Court and without any further notice.

Yours sincerely

 


Maybe you would like to check this. Suggest any amendments – make corrections. Please let me know if you make any substantial changes.

Also please bear in mind that you are now giving them 14 days to comply and this means that if they do not comply then on day 15 you must issue the papers. If you do not intend to do this or if you have any doubts as to your time constraints then it may be better not to make the threat. Don't bluff. You will only lose credibility and bring comfort to the company.

However, I think it is time to show that they are dealing with somebody serious and who is prepared to assert control and so I would urge you to proceed.

If you're happy to go along with this then you should send the letter and then spend the next 14 days reading up the steps about bringing a small claim in the County Court. It's not difficult but it is worth understanding how it works because that will give you greater confidence.

Also, you should register with Moneyclaim online and start drafting your claim there – but post up your proposed particulars of claim here so that we can have a look. It doesn't need to be at all complicated and doesn't need any special form of words. You can save your work as you go along.

On day 15 click it off and send them the good news.


 

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Thanks, will get this all sorted and printed out this weekend. I'll send it off on Monday due to the bank holiday yesterday. 

 

That'll give me a clear two weeks to work with to read up on putting a claim forward, setting up accounts and getting a draft sorted! 

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  • dx100uk changed the title to Backdoor Excel windscreed PCN CCJ - Acknowleged defective machine - given code to put on windscreen - SA1 carpark in Swansea

Any update on this please?

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Yes sorry, 

 

 

I sent off an email to the litigations department at excel yesterday. I also sent a recorded letter off from the post office too. I didn't fancy just sending a normal first class one. Should I have sent the letter to Excel's paralegal who was dealing with the issue also? 

 

Thanks 

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Thanks. Yes probably a good idea to get the paralegals attention as well.

Send everyone a copy – and then they can't pretend they didn't get it.

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I have just received the following response from the paralegal at Excel that I am dealing with:

 

 

Dear XXX, 

 
We can confirm that we have furnished you with all of the data we hold on file. 
 

Kind regards. 

 

 

I wasn't expecting such a quick response.

 

Thanks

 

 

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I think it will be worth while sending him a final letter explaining a few of the things which are clearly missing.

 

Dear X X X

Thank you for your confirmation that you have furnished me with all of the data which you hold on file. My records suggest very differently. For instance, there is no communication with ELMS legal to whom you sent the papers in order to bring an action against me.
I have received a statutory disclosure from ELMS legal which shows that there was communication between you but any evidence of this communication is missing from the disclosure which you gave me.

Also, there is no reference to the steps you took to ascertain my address in order to bring the legal action against me. Yet you brought a legal action against me and used an address.

 

Additionally, there is no correspondence or notes referring to the communication I had with the paralegal - Ambreen – save for a record of the communication in the log which was supplied – but no copies of the actual communications. Do you want to say that these communications have since been destroyed?

Do you want to have a further investigation or do you want to confirm that you are absolutely sure?

I hope you can see that I am bending over backwards to give you an opportunity to doublecheck that you have not breached your statutory duty to disclose all data. The evidence certainly suggest that you haven't.

Yours sincerely

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I think that we are getting close to the point where you are going to have to sue them for breach of contract and also for abuse of process.

The breach of contract would be on the basis that you had paid your money into the machine and done all you could have done in order to carry out your side of the bargain. On the other hand, they failed to carry out their side of the bargain in that they did not allow you to leave your vehicle undisturbed and they caused you serious problems for a considerable time afterwards.

The abuse of process would be that they then "sold" you a consent order for £155 as a means of enforcing the judgement and also in the belief that your concern was to clean up your credit file – but also when in fact it was clear that the judgement which they had obtained against you was unfair because the proceedings had been wrongly addressed and secondly because you had performed your side of the bargain.

Are you happy to go along that route?

 

We could tack on the breach of the SAR at the same time for a very modest additional amount of damages for the distress, say, £20.

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  • dx100uk changed the title to Backdoor Excel windscreen PCN CCJ - Acknowleged defective machine - given code to put on windscreen - SA1 carpark in Swansea

OK - but the second letter was only sent a day ago.  Let's see if there is any response by the weekend

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By the way, in addition to no evidence as to how they came by the incorrect address, can you remind me – is there any evidence in the statutory disclosure of attempts to correspond with you in relation to the penalty charge and is there any evidence in the statutory disclosure that they attempted to comply with the pre-action protocol by giving you notice of a forthcoming legal action?

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Just gone back through the SAR

 

On the 20th October 2016 there is a letter addressed to my correct address outlining the appeal procedure. 

 

The next correspondence was on the 04/11/2016 - 'Notice to the keeper/driver'. This was to the amalgamated/incorrect address. 

 

In the space between those 14 days between letters the address change. There is no reference in the SAR that would explain where this amalgamated address came from except for an event titled 'Ticket address updated'. 

 

In regards to any attempts made by Excel to comply with pre-action protocol, there are no scanned documents/letters that were sent to me. The only thing that may be relevant is again in the events log - 30/12/2019, prelegal issued. It doesn't indicate that any letters were sent out. 

 

Thanks 

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both of those would indicate changes to their perceived correct address then.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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wouldn't bother

but it gives you more ammo that they did change things - and that is critical to how you might not have received important docs etc

more against them.

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I suppose that you will find at some point – but it certainly looks as if they obtained the correct address from somewhere – DVLA – and then somehow or other made the mistake themselves.

What you have found is excellent evidence that – and that is what we are looking for.

This strongly suggests that their error which resulted in any correspondence, any pre-action protocol and any claim documents being sent to the wrong address – which once again is evidence that the default judgement was manifestly unfair – apart from the fact that you had paid the money for the car parking anyway.

The fact that they are now standing by their initial statutory disclosure suggests very strongly that there was no other correspondence to you including no pre-action protocol – not even to the incorrect address.

They are either going to have suddenly to produce those documents and then admit that they breached the statutory disclosure – or else they are going to have to stand by their position that the disclosure is complete and that they did not comply with any pre-action protocols.

Either way, they've made a mistake

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Quick update, I received this email today off of Excel's paralegal regarding the incomplete SAR:

 

We maintain our position that we have provided you with full disclosure and will not engage in any further communication in this regard. 
 
As you had been emailing myself, you had full disclosure of the email communication already and hence why copy emails were not provided to you in our response to your SAR. 
 
Please note that we do not hold copies of the communication between yourself and Elms Legal as this was sent to you from them directly, and not from ourselves.
 
 

 

 

 

 

 

 

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Thanks. Of course I had forgotten that ELMS legal are involved. Did they satisfy any of the pre-action protocol? Does their SAR contain any evidence of correspondence or letters of claim?

 

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There should be evidence in the sar that the PPC instructed elms to issue a letter before claim, as a solicitor acting for a client should not act with impunity.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes, I think you should drop ELMS legal an email and tell them that you are concerned that the SAR disclosure which they made on X X X date may not be complete because it doesn't seem to contain anything relating to instructions which they received from their client Excel and it doesn't contain any evidence of any correspondence or any compliance with the pre-action protocol before they launched the legal action.

Tell them that on that basis, that they should confirm that the file is complete and that this correspondence did not occur – or else you will have to assume that the disclosure is not complete

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Okay, I will fire an email off to ELMS this evening. 

 

Is there a chance Excel would have used a different solicitor aside from ELMS to issue prelegal documents? There's nothing alluding to this in the SAR

 

Thanks 

 

 

 

 

 

 

 

 

 

 

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Unlikely, but if they have then they should certainly be reference to it in their SAR disclosure

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