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    • Something else to add to your WS.  I have just reread your NTK and it is not compliant with PoFA. That means they can only sue you as the driver, not the keeper so it is important that you do not divulge who was driving. Schedule 4 paragraph 9 section [2a] and [2f] refer. (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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;   If you compare the above with your PCN you will ind that they have missed   (if all the applicable conditions under this Schedule are met]. So they have not complied with the wording in Schedule 4 where it says that the notice must. And in Law must means must.   They cannot assume that you were the driver so put them to strict proof that you were the driver. Bear in mind that anyone with car insurance is able to drive the car. Whenever you receive their WS please post it up and we will tear it to pieces to add strength to your WS.      
    • Just to confirm.  You have sent the snotty letter, haven't you?
    • OK, back again.  So.   4.  We don't know.  It is up to VCS to prove the do have PP.  And as in just about every VCS case they show total contempt for the legal procedure and never obtain PP we can hazard a guess as to which it is.  This is a breach of their Code of Practise which they sign up to where they state they obtain all legal permissions.  No planning permission is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and means a contract cannot have been formed with them.  To give the extreme example which is usually quoted.  Someone promises a hitman a large sum of money for carrying out a murder.  The hitman does so but is never paid.  The hitman cannot sue for the money as murder is a criminal offence.  That is an extreme example but the point stands.  If you want to be sure, contact the local council and find out if VCS have PP.  They won't.   5.  Should you really owe this money. VCS are entitled to sue you for £100 plus their costs.  But they are suing you for £160 plus their costs.  Where has the extra £60 come from?  They've just made it up.  We've seen cases where VCS actually won at court, but the judges invariably disallowed this extra £60.  Some judges have been so annoyed with VCS's antics that they have chucked out the whole case on the basis of the made-up £60 alone.   As well as the airport threads HB advises, have a read of EL21's excellent Witness Statement at, I think, post 120 in  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip-claim-dismissed/page/5/#comments  Don't worry, you don't have to write a document like EL21's!  Although EL21 was in a retail park, not near an airport, a lot of the legal arguments are the same.  
    • Hello,     I need some advice / help regarding a dispute I have with Sofology. Not another one I hear you cry!     We bought a sofa from Sofology after seeing one in their showroom and falling in love with it. The sofa is less than 4 months old. We complained about the quality of the sofa:     excessive wrinkling of leather insufficient padding improperly installed - the legs under the two seater part (it's a corner sofa) hover above the floor and do not make direct contact.     They sent a technician round who met with my partner who was mentally unwell at the time. Shortly after she was admitted to a mental health hospital for treatment but is safely back at home now. She was dealing with Sofology, but I have taken over as she is currently not able to cope with this and many other day to day tasks.     Some photos below:   Sofology closed the case after their visit stating their technician found nothing wrong with the sofa. I wrote to Sofology asking them to reopen the case and provided various photographs. An extract from my email:     I am not content with the response from your technician. The sofa was delivered in July this year. It is less than 4 months old. I understand leather is a natural material and stretches over time but, the stretching the sofa has suffered is excessive given it’s age. Our sofa is not as firm as the one we saw in your Cambridge showroom and the condition of the leather (it’s tightness) is also worse, despite presumably many people sitting on the showroom sofa to test it. I would go so far as to suggest ours is made to lesser standards, with looser fitting leather and less/softer padding. It is worth noting that these issues are localised to the two seater segment of the corner sofa. The corner section and single seater return are not affected in this way. This demonstrates that the problems are not prevalent across the entire sofa, and that the manufacture of the two seater section is of a lesser standard. I trust the information above is enough for you to reopen the case and send another technician for a second opinion?     Their response to this appeared to by some standard wording about this is normal; you need to sit on different seats and rotate the seat cushions blah blah.     If they had bothered to look at my case in detail, they would have seen the cushions are fixed. I've just written back to Sofology with a stronger tone informing them they have not adequately addressed my concerns. That the sofa they have supplied is of unsatisfactory quality. It is of lesser quality than the sample sofa we viewed in their Cambridge Showroom. That they must re-open the case and that these issues remain raised within 6 months of receiving the goods.     I feel like this is just the beginning of a long uphill battle. Any advice would be greatly appreciated.     With best wishes,      
    • Thanks for answering my post - much appreciated   dx -  I have sent a SAR to Moneybarn.   The letter I got was from DWF Law LLP stating they represent Moneybarn.   The agreement is 60 months. First payment was made in June 2020. To date I have made 12 payments between June 2020 to Oct 2021. (Sorry I am dyslexic and my maths isn't good enough to calculate 1/3☹️   Noted - I will not communicate with Moneybarn / dwf verbally.    Apart from the SAR, shouldn't I be applying for a Time Order?   Regards LH2021   @Kyosanto Hello    Yes - Not planning on speaking to them ever again!! From now on, everything will be in writing as you and dx have advised. I have indeed sent a SAR to Moneybarn.   I terms of the car - I jumped in with 2 legs and and at the time I was able to afford the car. I would like to keep it, continue on making payments and clear arrears.    Thanks for your assistance. 
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S.A.R on a dead Person ?


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Hello can someone help here please.

A member of the family passed away in 2005, she left no will, she was divorced, but has to surviving children (adults).

Both children were from a previous marriage.

Her ex husband is in South Africa, and has been there since 1989 but has not made contact with them but has gone directly to the bank with whom the mortgage was with.

 

I am dealing with the banks solicitors on their behalf, the former property owned by the couple has been reposessed.

 

The bank (barclays) seem willing to divulge any information to person/s in south africa, but will not allow any information to be passed onto her children , who are trying to sort out her financial affairs, as there was an order put on the property when she was taken ill , and then taken into a nursing home.

 

How an i make the bank/solicitors produce the information they have as to the identity to this person/s in S.A. as we feel that this person has passed away also?

 

can we ask the bank to release all this info using a SAR?

thanks

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Only the Data Subject (now deceased) can make a SAR. What you need to find out is who the Executor of your family member's estate is. That person will be able to access all information and records relating to the deceased. However, the Executor represents the deceased's interests, not necessarily yours - so don't expect them to tell you anything which they deem confidential information.

 

Law around death and bequests is horrendously complex and if you feel that you have an interest in the deceased's estate then I would strongly advise you to obtain your own representation.

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  • 4 weeks later...

Cheers Tom for your response.

I understand and appreciate what you have said, the problem that the family have is no-one is claiming "rights" over money etc, as it will all be gone, to the nursing home where the deceased was prior to her death.

 

Our arguement is with barclays bank who seem willing to divulge information to a person in South Africa, but not to the daughter of the deceased?

 

Barclays solicitor's have found the information that i have given them (from the daughter) very intersting, and completly at odds with the information supplied by the person in S.A (ie the D.O.B. age at time of death,etc)

 

As i think i said earlier its not that the family are requesting a hold on any monies from the sale of the property, but that the debts on the property ie, oustanding council tax, nursing home fees should be taken from the proceeds of the sale, and that correct identification of the person in SA. should be made.

 

Even barclays solictors have said that they are coming up against a brick wall as to the true identity of this person in SA as the South african identity number (which stays with the person for life) is now invalid, which given all the other information we supplied them, they feel is very suspicious?

The High commison of S.A. in London will not divulge census information to the solicitor?

 

We will see what the next letter brings..ehh?

 

But thanks again for your original reply mate..

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The Legal Guidance about this is found in the IC legal guidance that states

The Data Protection Act only relates to living individuals,if the subject of the informatin is dead then the information cannot be personal data

you will have to get the information via other legal means I'm afraid, The Data Protection Act is not what is was supposed to be take my word for it " a toothless white elephant"

sparkie1723

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The Data Protection Act is not what is was supposed to be take my word for it " a toothless white elephant"

sparkie1723

 

I totally agree. It's designed to give the illusion something is being done when in fact our Data Protection Laws are a total waste of space, and enforcing them is a joke. If this useless government put as much effort into true data protection as it does in persecuting the motorist maybe summat will be done, but those breaking data protection laws are usually powerful vested interests we don't want to upset.

 

The only place I've experienced where the letter and spirit of the data protection law is taken seriously is the education system. Private companies want your details to sell you something and annoy you with unwated telephone sales calls.

 

Also it it not illegal to sell mailing lists, and the companies will easily get round legislation by storing your personal details on computers in India or somewhere with no data protection laws. They can and do swap data and no one here knows, or can enforce it.

 

Grrrrr :evil:

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The only place I've experienced where the letter and spirit of the data protection law is taken seriously is the education system. Private companies want your details to sell you something and annoy you with unwated telephone sales calls.

 

Agreed. I sent off a SAR to my secondary school at the beginning of this year and sat back, expecting them to argue about what they were obliged to provide, or just ignore it completely; but no! Four days later, I got a huge wedge of paperwork through the door, "With compliments", and it's almost complete (there's one bit of paperwork that I was curious to see, which may or may not have been there in the first place, but it wasn't in my package; not too bothered though).

 

Four days! :o They didn't even wait to cash the cheque! Now, if a large secondary school with two secretaries can manage to locate, photocopy and send a four/five year old file back within four days...what're the banks' excuses again...? :rolleyes:

-----

Click the scales if I've been useful! :)

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