Backdoor £4k CCJ OPS/(GS Carpark)/QDR

[Nicky Boy]

Impressmum,

 

I'm a little confused...

 

The fleecers email starts with "Thank you for your email".

 

Did you also send the SAR by email? Or, have you chased them up by email?

 

 

Guys, as I understand it from the thread, the hearing has been delayed?

It might be still possible to rescue this...

 

How about a reply to the the fleecers latest email with a "renewed" SAR request (on the presumption that they don't understand their obligations) make a big point of reiterating their statutory duty. (Also quote their own privacy policy as above.)

 

Refer to the original SAR and generously offer an extra shortened (7 day?) deadline for them co comply before action.

 

Or are we simply beyond salvation?

 

 

Edited April 12, 2023 by Nicky Boy

[Impressmum]

We sent the LBC as per #56 and the guidance received here. The response in the email was the reply to the email after they requested  vehicle registration which we sent again. They then responded with this. 

[Nicky Boy]

So your letter of claim went by email (with the appropriate date of the original SAR inserted)?

 

My thoughts are that their latest email has implicitly admitted their receiving of the original SAR.

 

So again guys... how about my suggestion in post 76... Or simply go ahead and issue the claim.

 

As has been mentioned upthread if MUM's hearing occurs prior to SAR compliance, then MUM has not just a SAR request outstanding, but also an ongoing claim for said SAR.

 

 

Edited April 12, 2023 by Nicky Boy

[Impressmum]

Yes, Letter of Claim went by email and yes original date of when the original  Sar was letter was sent out to the address was included with the address we sent it to for confirmation also.

It's Daughter's hearing. This is mum in the Forum. 

 

The only reason it starts with the Thank you,  in the post is because it was addressed to my daughter  and then carries on as you see uploaded 

 

Once my daughter is home this evening,  we will compose another email to OPS  doing exactly this Sar request again and asking questions about why we need ti contact Zzps I think as again this is the first time hearing about these people?  

Edited April 12, 2023 by Impressmum

[brassnecked]

Might have been better rto have sent a copy of the LOC by post with a free proof of posting as well as email for5 completeness..

[FTMDave]

I don't really know what to suggest.  It's a mess.

 

The original idea was to send the LoC and to complain to the iCO so that in the Friday 31 March hearing a case could be made to the judge that the two-year delay was largely OPS's fault and that Impressmum was taking the appropriate action to force OPS to comply.

 

That was before the hearing was adjourned and in any case it became clear that no copy of the SAR or proof of posting had been kept.

 

It did cross my mind, given the adjournment, to go through the SAR process from scratch, but that would do nothing to show the judge that OPS have been uncooperative for two years.

 

Unfortunately I think that telling the judge that OPS have refused to respect a SAR, with no proof one was ever sent, will just come across as a likely story.  Especially in the context of defying a court order for two years.

 

Frankly I'm at a loss.

Edited April 12, 2023 by FTMDave
Typo

[Impressmum]

The emails are still proof enough as they have responded,  just not in a adequate enough way with the information 

Edited April 12, 2023 by Impressmum

[FTMDave]

Can you please quote where they have admitted to receiving the SAR?  That might save you.

[Impressmum]

The  responses were the emails they sent asking for the car licence number and the email uploaded by me yesterday 

 

Sorry the emails are on my daughters email accounts , I don't have the copies of them all , only what I uploaded 

[brassnecked]

make sure your daughter doesn't delete the emeils, in fact print them out if you can and keep copies.

 

[Nicky Boy]

And this time... KEEP THEM SAFE!!

Edited April 12, 2023 by Nicky Boy

[Impressmum]

Ofcourse 

[FTMDave]

OK, this evening please upload these recent e-mails from the fleecers and we'll see if there's anything that can be done to rescue the situation.

[Impressmum]

Emails with OPS 

Ops2.pdf Ops1.pdf

[FTMDave]

Good grief, to actually volunteer the information to the enemy that you haven't kept proof of postage.

 

Now I wonder if they will now admit they received the SAR or they will deny it ...

[brassnecked]

Oh dear, needs some thought there, real shoot in foot time.  How to counter that one is going to take some thought if its possible

[Nicky Boy]

They've already denied it FTM.

The op REALLY needs to find their proof of postage!

Edited April 12, 2023 by Nicky Boy

[Impressmum]

We thought it was best to be honest as that's what we would tell the judge . 

 

We drafted an email to send to them

[brassnecked]

what are you going to send,? post it up her first please.

 

[Impressmum]

Hi Harry,

 

Thanks for your response, I have some questions from your email response dated 11/4/23 detailed below:-

 

OPS:  “We do not have access to all the data regarding your parking charges as we do administrate them”

 

1. You have stated that you do administrate these parking charges, so why can you not share my data that you hold ?

 

2. As per your own GDPR policy taken from your website, it states the below, so from my understanding you have a legal obligation to share the details you have on me, so can you please confirm back to me this detail as per my original request?:-

 

YOUR RIGHTS

Under GDPR, you may request to:

be informed: we must make available this privacy notice with the emphasis on transparency over how we process your data.

access: you are entitled to find out what details we may hold about you and why.

rectification: we are obliged to correct or update your details.

erasure: this is also known as the right to be forgotten.

restrict processing: you have the right to block or suppress the processing by us of your personal data.

data portability: you have the right to obtain and reuse the personal data that you have provided us.

object: you have the right to object to us processing your data in relation to direct marketing and or profiling.

rights in relation to automated decision making and profiling: we do not use any automatic decision making or processing.

 

OPS:  “You will need to contact ZZPS for the full details”

 

3. Who is ZZPS?

 

4. I have never dealt with this company, equally I do not have any contact details or agreements to discuss my account with ZZPS and why do I need to contact ZZPS.

 

I require a response from One Parking Solution within 5 days of this request.

[Nicky Boy]

4 minutes ago, Impressmum said:

We thought it was best to be honest as that's what we would tell the judge . 

It's not the best idea to volunteer anything until / unless it's required. 

You will really need to modify your volunteering habit in court!

[FTMDave]

I'm the biggest "glass half full" person going - but I think we have to be frank when a case is likely to fail.

 

The judge will be interested in two things.  Well, three if we include making sure the set aside application was made "promptly"

 

1.  A genuine reason why you didn't defend in the first place.  Your case is very weak.  The letters, including court letters, all bear the correct address.

 

2.  A skeleton defence.  None was included in your application.  And it's difficult to prepare a defence when you don't know what you're accused of.  Again, your case is very weak.

 

3.  Why the application was not made as soon as you found about the CCJ.  Here your case isn't just weak, it's hopeless.  I tried to suggest ways of shifting the blame onto OPS but you don't have a copy of the SAR, you've lost proof of postage, the fleecers deny receiving the SAR, and you've gone and admitted to them you have no proof of postage so even if they find it they'll lie and say you never sent it. 

 

CAG is not North Korea, others may disagree and try to plough on here, but to me the forum can't really help you any more as the amount of own goals have just got too many.

 

Your only hope is that (a) the fleecers don't turn up in court to oppose the set aside and (b) you get a sympathetic judge who is under time pressure and just thinks it's easier to grant a set aside and get the hearing over with.

[Nicky Boy]

Totally agree FTM.

The latest email revelations have emptied my glass too.

 

The op has shot themselves in the foot in numerous ways and still think they're dealing with "reasonable" opponents.

 

I really don't think they have the mindset to deal with a court case... too nice.

[Impressmum]

We can only try and continue to do what we do.  We appreciate that you've assisted thus far with your guidance and I thank you for the time taken. 

[Nicky Boy]

If by some remote chance, you do achieve a set aside, feel free to come back here for help with your fight against the original claim.

 

You would DEFINITELY need to force tha fleecers to comply with a SAR at that point.

 

Best of luck!