Stung for £1200 by JBW Bailiffs. Where do we go from here?

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Sorry I didn't see there was a second page of posts. So are we flogging a dead horse Amy? Is this case just going to get lost in the ether over the coming months?

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Ok a complaint to the ICO about JBW not replying to our SAR was sent on 19/5/11. I have heard nothing, not even a receipt of email from the ICO.
Any thing I should do?

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Take the oafs to court.

[Amy]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

See post #23.

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

See post #23.

See post #24

The purpose of taking the bounders to court is to obtain an order obliging them to comply with the SAR, rather than to punish them.

It would be wise to check with the sloths at the ICO about whether they have done anything about this firm of bailiffs and, if not, at what stage of their hibernation cycle they might do something. It might also help to chivvy progress if one were to contact one's MP, as he/she may be able to access a more senior level of minion in the ICO.

[Amy]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Are you being deliberately obtuse?

Once a claim is lodged with the ICO you cannot embark on the court route. That is why I said it is one or the other.

I cannot make it any clearer for you.

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

I would be most grateful if you could shew me where that is stated in the Data Protection Act 1998.

For your convenience, the Act is to be found here - fnord

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

I have spoken to the ICO and they are experiencing a backlogue of casework. They say that our case won't be considered for another 3 months or so. I guess we have no option but to be patient. Thanks for your help.

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Please see below the ICO reply to our SAR. It's a little confusing. Have we no case to pursue against JBW who completely ripped my company off??


8th September 2011



Case Reference Number RFA0392330



Dear Mr Hawksley



Thank you for your correspondence received 19 May 2011 regarding a Subject Access Request to JBW Limited.



Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.

In the first instance I should make it clear that the main purpose of the Data Protection Act 1998 (‘the Act’) is to protect the rights of individuals in respect of personal information which relates to them, not to protect the commercial interests of businesses or companies who hold that information.

One of the main rights which the Data Protection Act gives to individuals is the right of access to their personal information. An individual can send a subject access request requiring an organisation to tell them about the personal information they hold about them, and to provide them with a copy of that information. In most cases an organisation must respond to a valid subject access request within 40 calendar days of receiving it.



However, information about people acting only in a business capacity will be treated differently to information about their private lives. This is because running a business is, in the main, a public activity and business people cannot expect the same degree of privacy in relation to their business activities as they can in relation to their private lives. Business information that does not identify individuals is not covered by the Act.

Therefore before we could consider your case and give a substantive response to the matters you raise we need you clarify with us information to assess whether the DPA has been contravened.

If your Subject Access Request was in relation to data held by JBW Group Ltd in regards to the company vehicles and associated congestion charges of WPJ Heating Ltd as a business then it would appear that the DPA would not apply in this case and the necessary course of action would be as a business to seek legal advice and possible redress through the courts regarding such matters, however if the data you have requested is personal data in relation to yourself as an individual not in connection WPJ Heating Ltd as a business then we may be able to consider your complaint.



If you require any further advice or assistance please contact our helpline please contact our Helpline on 0303 123 1113.



Yours sincerely



Michael Downs - Case Officer

First Contact – Access Rights

Information Commissioner’s Office

Telephone: 0303 123 1113 ext 5332

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

The ICO is actually correct - there is bugger all the company can do against those shonks by using the DPA, as the definition of "personal data" is set out in section 1 (link) in such a way as to exclude data held about any body corporate - as did section 1 (link) of the 1984 Act.

However, if you'd like to cause at least a little bother for those bastar.... bailiffs, you might care to look again at a previous post - link - look at the link posted there (link) and consider how odd it might be for the bailiffs not to use their computer for any payroll or accounting purposes.

Then tell the ICO that JBW seem to have been naughty boys and girls.

As for the company getting its money back from the bailiffs, there seems to be no other option than to sue them.

[WendyB]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Are the vehicles owned by the company, or by the directors as individuals? That might make a difference?

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

This is crazy! The vehicles are company owned so there seems to be nothing we can do. If we'd known about these fines, we would have paid them. The whole situation has arisen because of a change of address, the PCNs being sent to an old address and then bailiffs appearing out of the blue 2 years later and clamping vehicles for fines which we had never even heard about. We didn't ignore any fines, we simply never ever received anything. Surely once the bailiffs locate a new business address they must give some kind of initial warning that there are outstanding penalties to be paid rather than just ambushing us?

Feeling a little screwed over with no course of action open to us..

It can't be worth the hassle trying to sue can it?

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

This is crazy! The vehicles are company owned so there seems to be nothing we can do. If we'd known about these fines, we would have paid them. The whole situation has arisen because of a change of address, the PCNs being sent to an old address and then bailiffs appearing out of the blue 2 years later and clamping vehicles for fines which we had never even heard about. We didn't ignore any fines, we simply never ever received anything. Surely once the bailiffs locate a new business address they must give some kind of initial warning that there are outstanding penalties to be paid rather than just ambushing us?

They certainly should do.

Feeling a little screwed over with no course of action open to us..

It can't be worth the hassle trying to sue can it?

That's for you to decide; only you can determine if the money you'd be likely to collect (if you won) would be adequate compensation for the time and trouble of suing the buggers.

It would be nice, though, if you were to win only for them to refuse to pay, as you might then ask the court to apply section 5 of the Debtors Act 1869 (link) to lock up their Chief Bugger for up to six weeks.

[ExBailiff31]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Hi,

I don't know how you have got on with this so far but you mention that the vehicles were registerd to another address and so you wouldn't of had notification of these fines? if this is the case you will be able to file a statutory declaration out of time stating these facts and any proof you have to back them up, if you are successful the Bailiff office may have to refund all or part of the fees that they charged.
the fines will still stand but at their original figure and as you would have already paid them in full you will owe nothing.

[Amy]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

See post #8.