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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Experian Ltd want ID to comply SAR - court Claim Issued - - Breach of the Data Protection Act 2018


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Experian Limited filed a defence (attached below) in respect of the claim issued against them for failing to comply with their data protection obligations.

 

At paragraph 10 of their defence they state the following:

"Entirely without prejudice to the Defendant's position according to paragraphs 6 to 8 above, on 14 June 2022 the Defendant took the practical view that, with further investigation, it could satisfy itself as to the Claimant's identity."

My understanding is that the without prejudice rule is reserved for parties to enter into genuine settlement negotiations without later prejudicing their position in court.

Am I missing something here? I cannot see how the use of "without prejudice" in a defence filed directly to court can expect to benefit from the privileges outlined above.

A defence does not form part of genuine settlement negotiations, and one would expect if what was written was not intended to be considered by a judge then they would not submit it to them as evidence.

It appears to me as if they have inserted an admission directly into their defence.

EX - Defence - Redacted.pdf

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'Without prejudice' can have different meanings in different contexts.

 

In my view they aren't saying it's a 'without prejudice' settlement negotiation. They aren't making a settlement proposal or making an admission, they are asking for your claim to be struck out. I can't see how a strike out application could ever be a settlement negotiation.

 

They are saying that although they decided that, on the specific facts of your case, they could satisfy themselves of your identity and sent you a passkey they nevertheless maintain their legal position stated in paragraphs 6 to 8 is correct and they were not required to send you a passkey because you had not provided sufficient ID to meet their requirements. 

 

"Notwithstanding the Defendant's position according to paragraphs 6 to 8 above, ...." would have been a clearer way of putting it, but lawyers can't resist jargon.

 

Do you agree with their statement in paragraph 10 that on or about 14 June 2022 they sent you a letter with a passkey you could use to access your data?  If it isn't true then of course you can challenege it.

 

 

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Thanks Ethel.

I agree with paragraph 10 save for the fact that it does not prejudice their position, it supports my position that they could and should have fulfilled the request inline with their statutory obligations.

I disagree that they had any reasonable doubt as to my identity as they were quite happy to correspond with me extensively prior to the request and discuss personal data pertaining to my account. The time to request any further verification as to my identity was before entering into those discussion if they had any doubt as to my identity.

 

It is my view they later manufactured that doubt to bring about exactly the events that took place, in order not to immediately respond to the request despite having the means to do so. These manufactured doubts evaporate when they receive a letter before claim and/or a complaint from the ICO.

They either had a genuine but incorrect belief that they were not required to fulfil the request, or in my view more likely used their bogus process to unduly influence me into believing I had no further right to access my data without jumping through their unnecessary hoops.

They were disabused of this by my letter of claim as well as the complaint they received from the ICO.

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  • 8 months later...

In response to the complaint they received the ICO provided their view that Experian Limited have not complied with their data protection obligations.

I provided Experian a copy of the ICO's letter along with an offer to settle.

Experian ignored the offer I made but have now written to me saying that payment is on the way for the value of the claim £400 and the issue fee £50.

Their legal team also provided a half hearted apology for the delay in responding to my DSAR.

The delay was in total 7 months and 4 days beyond the statutory timeline to respond and no one would put their name to the email.

I have reverted back to Experian regarding my costs.

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  • dx100uk changed the title to Experian Ltd want ID to comply SAR - court Claim Issued - - Breach of the Data Protection Act 2018
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