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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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SAR request extension


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Hi there

I have been helping a friend of mine with his unfair dismissal case which is now with a solicitor.

 

On the 10/02/2020 I sent a sar to his company  and have recieved the answer from them on 09/03/2020 and wondered how I should proceede.

 

I understand the one month is reasonable but a further two months?

 

Sorry if I placed this in the wrong forum.

 

Regards

Daverules

 

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  • Andyorch changed the title to SAR request extension

You could send them a letter of claim giving them 32 days – fix a date.

Tell them that being a small company should mean that it is easier for them to produce the information that you require. Also, the fact that they have left it to the last moment to ask for this extension suggests that they are not taking their statutory request seriously.

You are granting them an extension until XX date and if you do not have the disclosure informed by that date you will issue proceedings and without any further notice

Tell them also that there is no right to extend the deadline in the way they suggest – and if they want they can explain that to the judge if that's the way they want to go

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Thank you BankFodder

 

I am doing the letter of claim now, I was concerned concerned as on the ICO website it says the following:

Can we extend the time for a response?

You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

 

Reading their response that says they "reserve the right to exercise the right to extend the deadline by a further 2 months if required" so I assume they looked it up.

 

But i will take your advice and proceede with the letter.

 

Regards

daverules

 

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Hi

I wonder if you could take a quick look at this letter and tell me if it's to much or where it is incorrect.

 

Reference: GDPR Letter Dated 10/02/2020

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

Failure to provide the material requested in way of a GDPR request within one calendar month.

From you I am claiming all material as described within my GDPR request.

Listed below are the documents on which I intend to rely in my claim against you:

GDPR request letter as posted on 09/02/2020 and Proof of posting receipt dated 09/02/2020.

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you, and for any doubt this includes Wage slips and Time sheets.

 

I also require you to confirm to me that you are processing my personal data, how you acquired it, for what purpose you are processing it and also to identify all the parties with whom you have shared it. You are required to provide this information regardless of whether you believe that the substantive disclosure satisfies the conditions which permit you to impose a charge.  

I also require you to confirm whether my data has been subject to any automatic processing which has resulted in decisions or suggested decisions being made in respect of me. Also, has my personal data been used in any way to categorise me or to place me on any lists. If so please explain.  

 

Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to my personal data.  

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. 

I would invite you to put forward any proposals in this regard. 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

I believe being a small company should mean that it is easier for you to produce the information that I require. Also, the fact that you have left it to the last moment to ask for this extension suggests that you are not taking their statutory request seriously.

I look forward to hearing from you within the next 32 days, the date being 13/04/2020

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully, 

 

 

Regards

daverules

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I'm afraid I had forgotten the extension rules. Don't send this letter. It needs to be fundamentally changed anyway.

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I wouldn't worry about all the pre-action protocol stuff in your letter.

You need simply to get down to the point.

Yes I'm sure that it's a load of rubbish but they are simply using the rules and am afraid that you have to take them at their word. There's nothing that you can do.

The wording of the letter was ambiguous. It almost suggests that they are asking for a one-month extension and then they reserve the right to extend a further two months.

Clearly three months is the maximum by which they can exchange.

I would send them that very simple letter of claim.

I would send you point out that you receive notice of their extension. I would also point out that you don't believe that the request is large or complex and that they are simply playing games but despite that you realise that you have no option other than to accede to their extension.
Therefore they are on notice that if you have not had the disclosure at the end of the 30 day extension that you will begin legal proceedings.

However, you fully expect that in view of the fact that they want to play the system that they will then notify you of the need for a further extension and so if they do notify you of a further extension, they should consider that this letter of claim will itself be extended to that new deadline of the first 30 days after which a County Court action will be started against them and without any further notice.

I would suggest that you work out the dates of the first 30 day extension and then the second 30 day extension.

It's very frustrating. There's nothing you can do. They clearly gaming the system – but I would suggest that you now harden your resolve to bring an action at the end of the second 30 day period if they haven't produced the disclosure that you want.

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Post a draft here before you send it off

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Hi here is a reduced draft of what I will send:

 

Reference: GDPR Letter Dated 10/02/2020

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary.

You have failed to provide the material requested in way of a GDPR request within one calendar month.

From you I am claiming all material as described within my GDPR request.

Listed below are the documents on which I intend to rely in my claim against you:

GDPR request letter as posted on 09/02/2020 and Proof of posting receipt dated 09/02/2020.

I believe being a small company should mean that it is easier for you to produce the information that I require. Also, the fact that you have left it to the last moment to ask for this extension suggests that you are not taking their statutory request seriously.

I look forward to hearing from you within the next 32 days, the date being 17/04/2020

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully, 

 

Many thanks for viewing this for me

 

daverules

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