LoC now court claim to Spring Parking for failure to supply SAR ***Paid in full***

[hitman126]

On 06/11/2022 at 13:45, FTMDave said:

Remind me what date you sent the SAR

@FTMDaveI posted both the SAR to Spring Parking and the CPR 31.14 to DCB on the 26th September.

[FTMDave]

I have a full day of work now but promise to post on your thread late this evening.

 

You can if you want start the process of suing Spring Parking for not replying to your SAR.  When you get time, read this thread  https://www.consumeractiongroup.co.uk/topic/452147-loc-to-ncp-for-failure-to-supply-sar-paid-in-full/#comments

 

Have a proper think if you want to do this and let us know. 

 

If you threaten legal action you have to be prepared to carry it out, otherwise you show yourself as a paper tiger and hand the initiative to the other side.

Edited November 10, 2022 by FTMDave
Typo

[hitman126]

2 minutes ago, FTMDave said:

I have a full day of work now

@FTMDavesadly, this (work commitments) is also my daily battle, but welcome to club lol  

 

Seriously though, I will read up on the SAR thread you've just posted and if thereafter I determine it's within my right, justifiable and also worthwhile to pursue or take any further action as a result of Spring Parking's non-compliance, be rest-assured I won't take any prisoners and will go all out for the jugular.

[hitman126]

All, another quick update on the back of yesterday's conversation please.

 

@FTMDaveI visited the Post Office website and using the reference numbers of my Certificate of Posting,

checked on the delivery status of my SAR and CPR 31.14 letters to Spring Parking and DCB Legal respectively.

 

For the CPR 31.14, there was confirmation and evidence of the letter being delivered and signed for.

 

However, for the SAR letter to Spring Parking, it was slightly inconclusive as it didn't confirm explicitly that the

letter had been delivered and/or signed for (please see attached pdf). I intend to visit the post office in

question today, to establish the true status of delivery and hopefully receive documentary evidence of it.

 

My question though is that were the post office unable to provide the expected confirmation or assistance, will

my Certificate of Posting alone be enough for a defence statement and also for initiating any subsequent action

against Spring Parking for a breach of statutory duty?

certificate_of_posting_SAR.pdf

[FTMDave]

9 hours ago, hitman126 said:

However, for the SAR letter to Spring Parking, it was slightly inconclusive as it didn't confirm explicitly that the

letter had been delivered and/or signed for (please see attached pdf). I intend to visit the post office in

question today, to establish the true status of delivery and hopefully receive documentary evidence of it.

We didn't say to use Signed For.

 

We said to get a free Certificate of Posting.  There is a reason for this.

 

Some of the fleecers can - and do - refuse to sign for their mail.

 

If you send by normal 1st class the letter is legally deemed to have been received two working days later.

 

Anyway, go to the post office and see what they say.

[hitman126]

11 hours ago, FTMDave said:

get a free Certificate of Posting

Which is precisely what I received (slip attached).

certificate_of_posting.pdf

[FTMDave]

Sorry.  My bad.  I thought Signed For and Certificate of Posting were either/or, not that you can get both.

 

Looks like you're good to go then.  Delivery will be deemed to have taken place after two working days.

 

I said to have a proper think about if you want to start the process of suing Smart Parking, but in reality I reckon you don't have much choice.  They are refusing to reply to the SAR, meaning you will have to produce a Witness Statement further down the line trying to bat off the six tickets - when you know nothing at all about four of them.  Yes, they will have to justify all six tickets in their Witness Statement but that would be at the very last minute.  Have a muse about doing what Moaning Crusader did.

[hitman126]

@FTMDaveactually, the only reason why I hadn't given a definitive response yet to the idea of throwing the book at Spring Parking

was simply due to my uncertainty over the Delivered and/or Signed status of the letter, when tracked via the Certificate of Posting.

 

However, following on from your earlier post today which I believe clarified that (please do feel free to correct me if I got that wrong),

regardless of the inconclusive "delivered" status given by the Royal Mail tracking service, legally, the letter would be deemed delivered

simply by virtue of the Certificate of Posting. With that assurance therefore in play, I most definitely would like to legally pursue Spring

Parking on this matter as proposed yesterday............unless other esteemed subject matter experts here advice otherwise. 

[FTMDave]

While you're in the post office you might as well send Spring Parking a Letter of Claim.  You can use 99% of Moaning Crusader's, your situations are identical.  Posts 25 & 26 here  https://www.consumeractiongroup.co.uk/topic/452147-loc-to-ncp-for-failure-to-supply-sar-paid-in-full/#comments

 

[hitman126]

Thanks for the prompt feedback, @FTMDave

Next stop now for me, the Post Office.

 

 

[FTMDave]

Did you get a Letter of Claim off to Spring Parking?

[hitman126]

Not yet.

It's high on my immediate "To Do" list within the next 24-48 hours though, when I should hopefully be done with 

some exhausting work schedule. Got the previous case study still open on my PC to review and understand the 

entire process in full.

[hitman126]

2 hours ago, FTMDave said:

Did you get a Letter of Claim off to Spring Parking

 

@FTMDave what are your thoughts on the below for that claim letter to Spring Parking please?

 

 

Letter Before Claim

 

To Whom It May Concern

On 26th September 2022, I sent you a Subject Access Request for a statutory disclosure of my personal data under the Data Protection Act 2018.

You have failed to comply and are therefore in breach of your statutory duty and obligation under the UK General Data Protection Regulation (UK GDPR). 
 

This dereliction of duty has caused me a great deal of distress, exacerbated by your failure to provide me with the requested information to enable me 
understand the issue at hand and further compounded by the necessity for me to pursue you to obtain this disclosure. 

 

You now have 14 days to provide a full response to this letter, after which I shall begin a County Court claim against you.

 
Yours sincerely,

[FTMDave]

Looks fine.

 

Before "To Whom It May Concern" put another heading with their PCN numbers and your VRN, as that's how they will "find" you on their system.

 

Get it sent off tomorrow, usual free Certificate of Posting from the post office.  First class post, no need for Signed For.

 

I've done some digging into Spring Parking and their use of a P.O. Box and suggest you send it twice, both to the P.O. Box and to their registered address of 220 The Vale, Golders Green, London, NW11 8SR.

[hitman126]

Thanks @FTMDave

Will keep you all posted.

[hitman126]

13 hours ago, FTMDave said:

put another heading with their PCN numbers

 

@FTMDaveconsidering the botched PCN dates they submitted on their particulars of claim to the court,

plus the fact there was also no PCN numbers stated, would it perhaps not be a wrong move on my part to

cite any PCNs in my Letter Before Claim?

 

Just thinking, but could the court claim number and my VRN be a better option for the letter header perhaps?

[FTMDave]

Good point, you're right.

 

They should be able to trace you via the VRN.

 

That's aside from the fact they are a small company and you're likely to be one of the few people (in fact perhaps the only one) they're taking court action against, so the claim form number should wake them up too!

[hitman126]

@FTMDaveexcellent !!

Just amending the letter, print out the two copies and head off to the post office shortly. Thanks

[FTMDave]

I forgot to say to complain to the ICO about Spring Parking as well.

[hitman126]

Absolutely.............although I believe the ICO procedures suggest an escalation to them, only after

still not receiving any response to a SAR request, which in this case I assume to be yesterday's

Letter before Claim.

[lookinforinfo]

I am sorry to be so long coming back to you. There should be no connection between you sending them an SAR back in September and their response of and LBC.

I am not really up to speed with late responses or in your case no response to an SAR but no doubt FTMdave will since he recently helped another member to get a couple of hundred pounds for  not replying.

[hitman126]

@lookinforinfoso the current state of affairs regarding the SAR issue is as follows.

1. On September 26 I sent out my SAR request (with certificate of posting) to Spring Parking. I have received no reply to date.
2. On the recommendation of @FTMDave to pursue further action on Spring for their failure to comply to my SAR request, I wrote to Spring Parking again last week (15/11), advising them of my intention to begin a county court claim over this matter, if they failed to provide a response within 14 days.
3. I was as a matter of fact inclined to proceed immediately with the court claim, but then having visited the ICO website and read up on their recommended guidelines, I was led to believe the court claim had to be placed on hold until the aforementioned 14-day deadline had expired. I stand though to be corrected on this, as I'm dead keen to set the court claim wheels in motion immediately.    

[FTMDave]

Yes, you have to wait the 14 days.

 

Spring Parking seem to be a very small company run by just two people with the same surname.

 

What worries me a little about suing them is the question of enforcement, as we've seen other examples of these small companies hiding behind P.O. boxes and having the company registered at fictitious addresses.  It took me ages to find a website for them and it's gone down over the last few days https://springparking.co.uk/

 

Their registered address is: 220 The Vale, Golders Green, London, NW11 8SR.  If you look on Google Maps this is a residential area although there is an office building at 220  https://www.google.it/maps/place/220+The+Vale,+London+NW11+8TN,+UK/@51.5630867,-0.2152152,17z/data=!3m1!4b1!4m6!3m5!1s0x487610f344089c95:0xe558ec08deb00216!8m2!3d51.5630834!4d-0.2130265!16s%2Fg%2F11bw3hq1tr?hl=en&authuser=0

 

There are two company plaques on the door, one is not Spring Parking , and annoyingly I can't make the other one out.

 

As presumably you live in London, how easy would it be for you to go and have a look at the place, and see if Spring Parking are really there?  I'm just worried that you might throw good money after bad by suing them if it turns out the address is false.

[Nicky Boy]

33 companies registered there... looks like juat an accomodation address.

 

Address profile: 220 THE VALE, LONDON, UNITED KINGDOM, NW11 8SR

WWW.COMPANIESHOUSEDATA.CO.UK

---

Overview of 33 companies located at: 220 THE VALE, LONDON, UNITED KINGDOM, NW11 8SR

 

[hitman126]

@FTMDaveyour concern is very valid. I checked out the company profile on the Companies House website last week after

you'd provided that other alternative address and it did certainly confirm 220 The Vale, in Golders Green, North London to be

their registered office. If they've however provided a false business address to Companies House, I believe that in itself is an

offence.

 

I live at the other extreme end of North London in South London, but I will most certainly carry out some bit of detective work

to establish whether they are indeed based at that NW11 address as suggested.