SAR distress claim against Parking Eye

[Reapstar]

I may just hold off my trip a little longer haha

The deadline to receive the SAR was actually yesterday, so they have failed to respond.

What do I do now to initiate redress? 

Is this going to cost them now or will the ICO just give a minor slap to the wrist?

Oh right just had a quick read on their website, according to the ICO, I need to beg them a bit more and give them another month to pull their thumb out because they have failed to respond to me.

Then if they still do not respond, I can ask the ICO to give them a little slap on the wrist, there will be no punishment for them breaking the law.

I dont think I want to bother wasting my time with this nonsense.

[Nicky Boy]

12 minutes ago, Reapstar said:

The deadline to receive the SAR was actually yesterday, so they have failed to respond.

What do I do now to initiate redress? 

Is this going to cost them now or will the ICO just give a minor slap to the wrist?

I presume you read the thread Dave mentioned in his last post?

Well, that's what you do for redress.

We are self help here...

Aw... go on then... Dave's mini breakdown from the thread mentioned...

The steps to take would be easy enough.  1.  Letter of Claim which is nigh-on prepared on the Virgin link.  2.  Start a claim through MCOL, where you are already registered, with a short paragraph as Particulars of Claim and forking out £25 which you will get back if you win.  3.  At that point they will either ignore the court papers and lose by default after a fortnight or run to the parking association's solicitor and desperately try to defend, but I don't see how they can.

Now go read it, then come back here and let us know what you're doing.

[Reapstar]

Cheers Dave, I keep forgetting that!! 

How does this sound??

 

On 03/07/2023 I sent you a Subject Access Request for statutory disclosure of my personal data under the Data Protection Act.

You have failed to comply with your legal obligations.

Your breach of statutory duty is complete.

It has caused me a great deal of distress not having my data in order to defend against your vexatious and invalid claim against me.

This type of noncompliance is unacceptable therefore as a result of your failure to comply with UK Legislation and the ensuing distress this is causing me I shall be raising a County Court claim against you.

 

[Nicky Boy]

Read the post properly.

You have to give them 14 days...

I'm sure Dave will come along and set you right.

[Reapstar]

I'll add the 14 days, cheers Nicky

[FTMDave]

I have a couple of tiny changes to add, but firstly ...

... it's just clicked with me that the legal dispute with the charlatans is actually with your mum, therefore the spivs should have been sent the SAR to her, she will need to send the Letter of Claim, and it is she who will potentially sue them.

Is that OK?

Most of the SAR distress claims have gone through by default, but in a minority of cases the fleecers have defended, not because they have a chance of winning, but simply to mess the Cagger around, drag things out, and hope the Cagger gives up.

Also, you have a Certificate of Posting to prove you sent the SAR, right?

[Reapstar]

Yeah of course, she will be more than happy to do so with our help of course

I got Proof of Postage when I sent the SAR request, is that what you mean??

 

[FTMDave]

Yes!

I suggest a couple of minor changes in red -

LETTER OF CLAIM

On 03/07/2023 I sent you a Subject Access Request for statutory disclosure of my personal data under the Data Protection Act.

You have failed to comply with your legal obligations.

Your breach of statutory duty is complete.

It has caused me a great deal of distress not having my data in order to defend against your vexatious and invalid claim against me.

This type of non-compliance is unacceptable therefore as a result of your failure to comply with English Legislation and the ensuing distress this is causing me, if you do not completely satisfy my SAR within 14 days  I shall be raising a County Court claim against you.

[Reapstar]

Cheers Dave, letter is ready and I'm off to the PO now, is it still best to send via recorded delivery, and should this letter be signed?

Edited August 3, 2023 by Reapstar

[FTMDave]

As long as you have a free Certificate of Posting, it's fine.

[Reapstar]

Is certificate of posting the same as proof of posting?? - Just noticed the Yes! lol

Edited August 3, 2023 by Reapstar

[FTMDave]

https://personal.help.royalmail.com/app/answers/detail/a_id/475/~/what-is-a-certificate-of-posting%3F

[Reapstar]

Just to be clear, when I sent the SAR request, I got Proof of Posting, is this not sufficient enough? It appears that Certificate of Postage and Proof of Postage are not the same thing

[FTMDave]

No, what you got was fine.

Once you have received the proof of posting in the App, it acts in the same way as a proof of posting or stamped certificate of posting received in a Post Office branch or a Royal Mail Customer Service Point. 

https://personal.help.royalmail.com/app/answers/detail/a_id/367/related/1/session/L2F2LzEvdGltZS8xNjkxMDYxMjQ1L2dlbi8xNjkxMDYxMjQ1L3NpZC9mVUhkVTM1MUhYMldWZUF6V3NWaGxhRTBocXlkT2FuYjhPMElBQm14TE1xVWJsd3owNlFZYkJfa0xLMkpJMWNYWWxfNnMzSTdkNnVvcnIwTjRnV3IyRm1VZ2VIUGQ1ckJQQm1hUjZGOE5LUVVXWGpuelBRS3hLekElMjElMjE%3D

[Reapstar]

Nice one thanks Dave, off I go!

[Nicky Boy]

Wait for the idiots to ignore your SAR... Then issue a claim.

Are you still not reading up?

[Reapstar]

I do read up but each case and situation is different, I just want to be sure I make no mistakes

 

Back on track!

 

It is mentioned that I should complain to the ICO but the ICO are expecting me to have waited the 30 days and to give them another 30-60 days grace period before contacting the ICO?

[dx100uk]

As for the sar 30 days fail simply write and give them 14 days to comply else you will complain to the ico without further notification

 

Dx

[Reapstar]

Yes, luckily just had confirmation I am ok to travel  

I am still awaiting a response to the £35 offer, I didn't give them a deadline for that offer though, if that makes a difference?

Cheers DX, I have notified them about the 14 day extension 

 

 

[dx100uk]

extension?

 

[Reapstar]

This was sent upon failure to satisfy the 30 day time limit for responding to the SAR.

 

Dear Sir/Madam,

GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST

RE: VEHICLE REG  : YOUR REF 

 

On 03/07/2023 I sent you a Subject Access Request for statutory disclosure of my personal data under the Data Protection Act.

You have failed to comply with your legal obligations.

Your breach of statutory duty is complete.

It has caused me a great deal of distress not having my data in order to defend against your vexatious and invalid claim against me.

This type of non-compliance is unacceptable therefore as a result of your failure to comply with English Legislation and the ensuing distress this is causing me, if you do not completely satisfy my SAR within 14 days I shall be raising a County Court claim against you.

 

Yours faithfully,

 

I have POP for this as well as advised.

[Nicky Boy]

Letter of claim... not "extension"

[Reapstar]

Hey Nicky, I believe the LoC should be issued to PE on the 15th day after sending the above 14 day notice (should they not respond) along with raising a claim on MCOL for £25? 

Edited August 9, 2023 by Reapstar

[dx100uk]

you either need to decide if you complain to the ICO or goto court.

ideally you should not be issuing a letter of claim before you involve the ICO...IMHO.

as the authority that can enforce sar non compliance wont ever know about the court claim good or bad.

its important to always involve the regulators FIRST. then they have a record of the firms compliance failure. the more they get, the more likely they will act against them. 

a fine for non compliance by the ICO is FAR FAR more damaging to them than a court claim.

dx

[Nicky Boy]

Yes, you could prep the Particulars of Claim on mcol ready to click off on day15.

You could draft something up and put it up her for the guys to look at.

(Bit early yet though?)