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Visitor got ticket in my residents bay
Gallag
post Mon, 20 Mar 2017 - 17:14
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Hi,

I live in a block of 8 flats. My sister used my bay whilst we visited some family in my car. I gave her my residents permit to put in the window, however it must have blown off the dash as it was on the floor when we returned to find the ticket on the window. I'm not 100% sure if that's even allowed to be honest as I've never done it before. I often don't have the permit in my car as it falls off the dash and I've never had a ticket but I assume they know the car as it is such a small block.

I've attached pics of the ticket and signage in the car park.

I am thinking to contact the managing agent of the property to see if they will / can cancel it, what is the best defence to use here? I'm a private tenant and not the owner of the flat.
I guess I need to appeal direct before the 14 days are up as well. What should I say?

Couple of points to note, the ticket says Badge No 6 on it - not sure what that's referring to? If it's the bay number then it's wrong. Interestingly the bay numbers painted on the ground are all unreadable so it's impossible to know what bay you are parking in, except we've all lived there long enough to know.

Thanks in advance.


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post Mon, 20 Mar 2017 - 17:14
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The Rookie
post Mon, 24 Apr 2017 - 11:23
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Erm....they don't have his registration number yet! This one was his sister's car.

I'd wait for the NTK and appeal in a similar way for the first one but combining aspects of the second letter as well.


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ostell
post Mon, 24 Apr 2017 - 11:40
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Lynzer: Should that be confirmation of removal within 21 days as required under Section 10 of the DPA.

Just making it a bit more forceful
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Lynnzer
post Mon, 24 Apr 2017 - 11:47
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QUOTE (ostell @ Mon, 24 Apr 2017 - 12:40) *
Lynzer: Should that be confirmation of removal within 21 days as required under Section 10 of the DPA.

Just making it a bit more forceful

I think that would be hard to comply with as it would probably require all personal data to be destroyed.
It's not really all that important anyway as there's evidence in the letter that similar action will result in a claim for damages and let's them know to white-list the car.

QUOTE (The Rookie @ Mon, 24 Apr 2017 - 12:23) *
Erm....they don't have his registration number yet! This one was his sister's car.

I'd wait for the NTK and appeal in a similar way for the first one but combining aspects of the second letter as well.

Ah, yes siss's car.
Then just give them your own registration. But do it in a way that they must still access the DVLA database if they do try to send another PCN, ie
Please also add my own registration details to your white-list to avoid any future issues, however be advised that this is a snapshot of the situation as of today;s date as I may change my car at any future time. Add in you reg number.

If they do try it on sometime in the future they may well just do it from the details they hold with your permission and thus won't be able to comply with Keeper Liability.


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Gallag
post Tue, 25 Apr 2017 - 20:17
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QUOTE (Lynnzer @ Mon, 24 Apr 2017 - 11:47) *
QUOTE (ostell @ Mon, 24 Apr 2017 - 12:40) *
Lynzer: Should that be confirmation of removal within 21 days as required under Section 10 of the DPA.

Just making it a bit more forceful

I think that would be hard to comply with as it would probably require all personal data to be destroyed.
It's not really all that important anyway as there's evidence in the letter that similar action will result in a claim for damages and let's them know to white-list the car.

QUOTE (The Rookie @ Mon, 24 Apr 2017 - 12:23) *
Erm....they don't have his registration number yet! This one was his sister's car.

I'd wait for the NTK and appeal in a similar way for the first one but combining aspects of the second letter as well.

Ah, yes siss's car.
Then just give them your own registration. But do it in a way that they must still access the DVLA database if they do try to send another PCN, ie
Please also add my own registration details to your white-list to avoid any future issues, however be advised that this is a snapshot of the situation as of today;s date as I may change my car at any future time. Add in you reg number.

If they do try it on sometime in the future they may well just do it from the details they hold with your permission and thus won't be able to comply with Keeper Liability.



Thank you! Done this more or less... but also giving them the 2nd PCN number to hopefully cancel as well.

This post has been edited by Gallag: Tue, 25 Apr 2017 - 20:17
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Gallag
post Tue, 16 May 2017 - 09:31
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Hi,

Just to update I got an email back from the PPC today saying the 2nd ticket issued to my car has now also been cancelled. Thanks everyone for your help, it is much appreciated!

They have not acknowledged whitelisting my car or destroying my personal data, so I will respond to them again.

Ben
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nosferatu1001
post Tue, 16 May 2017 - 14:03
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If they have not confirmdd they have ceased to process your data (and given they have cancelled the ticket they MUST do this anyway - they no olonger have cause to keep it, evem if they try to argue they did initially) by the 21 day deadline for a section 10(1) notice, instead complain to the ICO

If the ICO confirms this complaint then you have a win for a DPA breach, all thats left is arguing the amount they shoudl pay you.
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Lynnzer
post Wed, 17 May 2017 - 15:21
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You can mount a claim for a breach of the DPA right now. Hit them and get a result.

You can also, if you're up to a bit of fun, get more tickets to irritate them and if they issue more claims hit them for other DPA damages claims..


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Gallag
post Thu, 18 May 2017 - 09:32
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Did I need to give them 21 days to allow a DPA claim as my letter only said 14? Although they took 22 to reply and then didn't mention deleting my data.

What do I need to say to ICO in my complaint? It's not one of the templates as I don't they have actually gone to DVLA for my or my sister's details at any point?

I am no longer putting the permit on my dash, so I may well get more tickets! In the car park of 8 spaces there were 2 signs about parking, 1 which was next to my car has come off the wall... leaving 1 which cannot be seen from my half of the car park so they really aren't doing too well!

This post has been edited by Gallag: Thu, 18 May 2017 - 09:35
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nosferatu1001
post Thu, 18 May 2017 - 12:15
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The maximum time for response to a section 10(10 notice is 21 days
They didnt respond to your notice AT ALL - as in, they were required to *specifically* state they had either complied or not, and if not, why not. They did not do this. So you saying 14 days has not disadvantaged them in anyway. (While they responded to your letter, the Notice carries a requirement that they specificallly talk about the Notice, otherwise they have not complied with the legislaiton)

Signs are irrelevant when your lease states otherwise. Their attempt to offer a contract must fial, as you already have tthe right to park, so they cannot offer you anything of any value - there is no need for you to enter a contract at all with them in order to park.

You say in your complaint that, despite being shown that they had no reasonable cause to obtain or process personal data, and being sent a section 10 notice reuqiring them to cease processing your data, the company has failed to respond to the seciton 10 notice and is still processing your data. You dont need to mention the DVLA at all.
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Gallag
post Thu, 18 May 2017 - 14:22
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Thanks!

I have complained to the ICO.
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