Advice for a MONSTROUS and devastating complaint

[echat11]

The Enforcement Officers company are being unsurprisingly obstructive in providing DSAR Bodycam footage as I 'do not appear in it' according to tgem. My partner does as they acted on my behalf providing documents and facilitating conversations between me and the EO via telephone as I was not home. My voice will be on that footage as well as my vehicle registration number and discussion of my medical issues


I pushed back to say that my voice and personal info is recorded on the bodycam and possibly sighting of my paper documents handed over by my partner. They refute this so I have done an additional complaint to the EO compant regarding this in line with ICO guidelines ahead of complaining to the ICO.

My partner has put in their own DSAR now and we have both given permission for our information to be shared with the other. I have also notified them that they should back up the footage and ensure it is not deleted as it may be requested as evidence if I have to proceed to an ICO complaint.
I have quoted another website below, so if they fail to provide the recording this would only ever discount their own defence anyway.

'If the bailiff refuses to give the recording.

Keep their response letter and give it in evidence.

When you bring proceedings, which the bodycam recording could prove your claim, you make an application on a court form N244 (without notice) to apply for an "unless order" under CPR 31.12

The order requires the bailiff company within 14 days make over the recording, alternatively, the respondent's defence statement is struck out under CPR 3.4(2)(c)


I am yet to hear from the OC or EO about the complaint I have made but it has not yet been one month.

If you've given them enough time and they 'aren't playing ball', you could consider sending them 'chase' letters.

[Strawberry2]

They're still playing silly beggars after their 2 stage complaints process so complaint has now been escalated to LGO and ICO. Their two separate responses to my complaint (initial response and then response after a Stage 2 Review) actually contradicted each other.

Response 1 agreed the bailiff tried to enter the house and tried to obstruct a complaint. Response 2 said the bailiff didnt try to enter the house and was helpful with how to make a complaint! Beggars belief.

[echat11]

They're still playing silly beggars after their 2 stage complaints process so complaint has now been escalated to LGO and ICO. Their two separate responses to my complaint (initial response and then response after a Stage 2 Review) actually contradicted each other.

Response 1 agreed the bailiff tried to enter the house and tried to obstruct a complaint. Response 2 said the bailiff didnt try to enter the house and was helpful with how to make a complaint! Beggars belief.

No surprises, clearly making stuff up.

Update when the LGO and ICO respond.

[Strawberry2]

Just an update that LGO are assessing to see if there is a case for them.

ICO 'will assign your complaint to a case officer as soon as we can, and they will contact you in due course.'

Will update when there is movement, whatever the outcome.

[echat11]

Just an update that LGO are assessing to see if there is a case for them.

ICO 'will assign your complaint to a case officer as soon as we can, and they will contact you in due course.'

Will update when there is movement, whatever the outcome.

Yes, do update on progress.

[Strawberry2]

Interesting email today after my claims being rebuffed by the same person previously. Still awaiting allocation with LGO. I received, without any explanation, a refund of the money I had paid the bailiff about a month ago and have carried out no further Comms yet received this

"
I write further to my email of XX April 2024.

I have provided feedback and asked for re training for the enforcement agent who visited your address on 3 March 2024.

Following this, I would also like to offer you compensation of £250 for any upset and inconvenience felt during the enforcement process.

If you would like to accept this in resolution of your complaint, please can you provide me with your bank account reference, sort code and name as it appears on your bank statement.

Your feedback is important to us and allows us to improve our training program."

[echat11]

Interesting email today after my claims being rebuffed by the same person previously. Still awaiting allocation with LGO. I received, without any explanation, a refund of the money I had paid the bailiff about a month ago and have carried out no further Comms yet received this

"
I write further to my email of XX April 2024.

I have provided feedback and asked for re training for the enforcement agent who visited your address on 3 March 2024.

Following this, I would also like to offer you compensation of £250 for any upset and inconvenience felt during the enforcement process.

If you would like to accept this in resolution of your complaint, please can you provide me with your bank account reference, sort code and name as it appears on your bank statement.

Your feedback is important to us and allows us to improve our training program."

No doubt the LGO has informed the Council they will be investigating.

The Council has contacted the Enforcement Firm.

Thus the refund and compensation.

Well done, it might be an idea to close the complaint with the LGO, providing you think it's been resolved.

[Strawberry2]

I can't decide if I should accept the £250. I do think getting such compensation is a rarity so is this because they fear I have a good case in court!? I'm thinking of seeking legal advice but then not sure if it's worth more time and energy? A win is a win but could I set a precedent by taking legal action?! I can't fund a case for the fun of it but the video evidence would be pretty damning - and I still haven't received it, bit tfl have which has driven the offer.

[Strawberry2]

And contact from TfL

The activities of the enforcement companies we use are regulated by legislation and through their contracts with us, and we take all complaints about the actions of their Enforcement Agents (EA) very seriously. I can confirm that there are processes in place to ensure that cases are referred by EAs if there is evidence to suggest that a customer is in any way vulnerable. While this does not mean that a penalty charge will be cancelled, consideration will be given to the action taken and, where appropriate, the possibility of arranging a payment plan. Marstons Group Ltd has confirmed that you made reference to your health and your personal circumstances during the visit and that the EA was provided evidence to enable them to assess your case further as a result of this. Although the EA did not wish to appear to doubt what you were telling him, it is standard practice to request evidence to substantiate such claims. This is to prevent abuse of the process and ensure that all mitigating circumstances are properly considered.
Upon reviewing the footage from the EA body camera, I would like to offer my sincere apologies for the way in which the matter was handled. The level of service you received certainly did not meet the high standard we expect from our contracted enforcement companies.

I can confirm that we have cancelled the above mentioned PCN and in acknowledgement of the time you have spent trying to resolve this matter, Marstons Group have arranged for a goodwill payment for the sum of £250.00 to be issued to you.

[Strawberry2]

I can't decide if I should accept the £250. I do think getting such compensation is a rarity so is this because they fear I have a good case in court!? I'm thinking of seeking legal advice but then not sure if it's worth more time and energy? A win is a win but could I set a precedent by taking legal action?! I can't fund a case for the fun of it but the video evidence would be pretty damning - and I still haven't received it, but tfl has!

[echat11]

I can't decide if I should accept the £250. I do think getting such compensation is a rarity so is this because they fear I have a good case in court!? I'm thinking of seeking legal advice but then not sure if it's worth more time and energy? A win is a win but could I set a precedent by taking legal action?! I can't fund a case for the fun of it but the video evidence would be pretty damning - and I still haven't received it, but tfl has!

This probably isn't an isolated incident, probably more common then we think.

But they have protocols / redress in place.

Write back stating the matter has caused you stress and distress for a prolonged period and you will accept £500 as Full and Final Settlement of the matter, you are minded to take further action. See what their response is.