LoC to NCP for failure to supply SAR ***Paid in full***

[Andyorch]

You cant really put a time frame on distress...your POC clearly states the period of breach from and to and as such the court will make a judgment for the amount claimed or possibly less.

[MoaningCrusader]

Thanks Andyorch

 

I have not received any response to my email sent on 28th Sept @ 10.37hrs. So I guess the 7 days is now up.

 

Should I give them the rest of today to be reasonable and file tomorrow first thing. Or just file the claim now. I know FTMDave will want me to go for it.

 

I am ready and waiting.

[Andyorch]

Yes if you gave 7 days then 7 days it is.....

[MoaningCrusader]

That's all needed to hear.

 

[MoaningCrusader]

Claim has just been lodged and paid for with MCOL.... Let's see what's to come now.

 

 

[Andyorch]

[FruitSalad1010]

Just to be clear, unless you have further information. From reading the Virgin thread, although they did eventually decided to defend the third claim it appears the claim wasn't heard as a result of non payment of the hearing fee. There is no indication that Virgin succeeded in defending the claim on the grounds it had already been litigated.

If you receive any push back later, such as a suggestion the claim has already been litigated you could simply point out that your claim is not a way for them to buy their way out of their statutory obligations to disclose your data, it is compensation for the distress they have caused you up to the point you issued your claim.

[MoaningCrusader]

Hi Guys,

 

I have just now received this email.

 

Dear Mr XXXXX

 

Firstly, we would like to apologise as this request had not been received by the team and we will be reviewing our internal post procedures in light of this.

 

We can confirm that the subject access request has been received and is being actioned now as a priority.

 

We shall be in touch shortly.

 

Kind regards

 

Data Protection Team

National Car Parks Limited

 

Saffron Court, 14b St Cross Street, London, EC1N 8XA

 

Should I respond to this informing them that I have now proceeded with a claim against them? Or not?

 

 

 

The email was actually sent directly from a Katie Bowles... A quick snoop on google... And lo and behold we find Katie Bowles is not anything to do with Data Protection but in fact...

 

Katie Bowles

Director of Legal & Risk at National Car Parks Ltd

 

I think we have gotten straight to the top here....

[FTMDave]

This is incredible.  They did nothing about three SARs, were given an extra week under threat of legal action, and still write to say they're going to do something "shortly" rather than, er, actually doing something.  They're supposed to be an organised, established national company.

 

8 minutes ago, MoaningCrusader said:

 

Should I respond to this informing them that I have now proceeded with a claim against them? Or not?

No, don't.

 

The least hassle outcome for you would be if they ignore the claim form like they ignored the three SARs.  That way you would win by default in a fortnight or so, like in the Virgin case.  It would save you the hassle of a court hearing.  Don't write anything that could alert them to the claim form. 

 

You already told them what would happen if they faffed around for more than a week anyway.

 

BTW, have a look at MCOL for the issue date of the claim form.  That way we can work out when you can apply for judgement (assuming they don't defend).

[MoaningCrusader]

FTMDave

 

Just checked my MCOL account and the claim was issued yesterday on 6th October.

 

This would probably suggest why they have emailed me today. They have received the claim into their Legal & Risk Dept. 

 

But I will say nothing of it, as advised.

 

 

[Andyorch]

19 days to acknowledge service.

[MoaningCrusader]

Just to clarify.

 

I wait for hopefully no response from them up until the end of 25th October and then apply for judgement on the 26th October? Or do I apply on the 25th?

 

[Andyorch]

I would try Mon 24th

[MoaningCrusader]

Thanks for clarifying Andyorch.

 

I have made a note in my iCal to click on the seek judgement button on the 24th Oct.

 

Just for clarification for anyone reading through this thread for research.You count inclusive of the day the claim was issued.

[Andyorch]

Simpler to run from the defendants stance......19 days on receipt from the date of issue = 14 days +5 for delivery

[MoaningCrusader]

So at 4pm on Friday I received a response to the SAR, with a zip file attached. I am frantic with work this weekend. But I will get pdf versions of what was supplied loaded up here (with my personal details removed) either this evening or first thing tomorrow morning.

 

Amazing that they could get this all sorted within 5hrs when they put their minds to it.

 

[FTMDave]

In a sense you've got the best of both worlds.

 

You've got the SAR, can find out about the phone call, etc.

 

And you get to sue them for £200.  The distress was still caused.  They still didn't reply by the statutory deadline.  In fact they didn't even respect the extension you kindly gave them. 

[MoaningCrusader]

So, I just received the following email this morning from NCP Data Protection

 

Dear XXXXXX,

 

We have received Claim Form XXXXX.

 

We should be grateful if you would please provide us with your bank details in order to issue payment.

 

Kind regards

 

Data Protection Team

National Car Parks Limited

 

Saffron Court, 14b St Cross Street, London, EC1N 8XA

 

Should I reply to this stating my bank details and the total amount to be paid as £235 in total? 

[Andyorch]

Yes and update your topic once the credit has cleared

[MoaningCrusader]

How's this sound?

 

To whom it may concern,

 

Thank you for your email this morning and your offer to settle the claim form XXXXX

 

I would be grateful if you would pay the total amount due of £235 into the following bank account:

 

Bank: XXXX

Acc Name: XXXXX

Acc Number: XXXXX

Sort Code: XXXX

 

Please inform me once the payment has been made and I will provide confirmation of its receipt by email.

 

Should I not receive the above claimed amount in the next 7 days. I will request MCOL to settle the matter.

 

Kind regards,

[Andyorch]

Yes but also add that once funds of (£) have cleared you will be happy to issue a Notice of Discontinuance 

[MoaningCrusader]

Done and sent.

 

I will update this thread once funds have cleared.

[Andyorch]

[lookinforinfo]

Congratulations on sticking to your guns. I am sure that receiving money from them is so much more satisfying than having to pay them money.

[MoaningCrusader]

Hi Guys,

 

I have just received an admission form from CCBC stating that the fleecers have admitted the full amount on the claim.

 

This was completed on the 12th Oct. I supplied bank details for payment of the settlement on 17th October. I have no further emails from their Data Protection Team

 

Is there a set legal time frame for the claim to be settled. I stated they had 7 days to do so, but I assume now I have this admission that I cannot ask for judgement should I not receive the payment by next Monday?

 

 

Do you want me to upload the Admission?