Refusal to restrict data processing, PCN solicitor continuing data processing during SAR application |
Refusal to restrict data processing, PCN solicitor continuing data processing during SAR application |
Tue, 8 Jan 2019 - 22:14
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#1
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Member Group: Members Posts: 17 Joined: 8 Jan 2019 Member No.: 101,775 |
Hi, same as a lot of people on this forum I guess.
I received a PCN from NPE in early Jan 2018 and I am now looking for advice having received a LBC. As per guidance on most forums at the time, I ignored all correspondence which includes - 1. original PCN - ignored 2.NTK - ignored 3.3 x letters from Debt recovery Plus demanding payment - ignored 4.2 x letters from Zenith Collections demanding payment - ignored 5. letter from Gladstone's solicitors advising they have been instructed by NPE Ltd to act on their behalf - ignored 6. LBC from Gladstone's dated 14/12/18 received 20/12/18 All incredibly similar to 'he who shall not be named' thread and like he I ignored everything up to LBC. At receipt of the LBC and having read this forum and MSE's tips on what to do at this stage I sent (by recorded post) an SAR to NPE Ltd. I also sent a Restriction of Data Processing Request to Gladstone's advising them that I had contacted their client requesting a SAR and stating all data processing should be put on hold while this process was enacted. I have, today, received their(Gladstone's) response which is as follows - Dear Mr XXXXXXX Request for Restriction of Processing of Data We refer to your request regarding the restriction of processing of data. Unfortunately we cannot process your request because we can demonstrate compelling legitimate grounds for the processing of your data which override the interests, rights and freedoms of you as an individual. That legitimate interest being that we are acting on behalf of our client for the recovery of monies relating to an unpaid Parking Charge Notice. To process your data is necessary and lawful, as it is required in furtherance of our clients instructions, and we act for them on their rights and obligations for the recovery of such monies. We will however extend the Pre Action Protocol period by 30 days to 7 February 2019. Please pay or reply by that date. Any reply received outside of the 30 day period may not be considered as legal proceedings are likely to have been issued. [/i] The letter goes on to cover right to complain if not satisfied with their decision and judicial remedy etc. Can you please suggest my next course of action? I will endeavour to provide copies of all correspondence, received and sent, tomorrow. TIA |
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Tue, 8 Jan 2019 - 22:14
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Fri, 11 Jan 2019 - 16:07
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#21
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
dpo@parkingprotection.co.uk
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Fri, 11 Jan 2019 - 16:12
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#22
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Member Group: Members Posts: 17 Joined: 8 Jan 2019 Member No.: 101,775 |
Churchmouse should I contact the ICO or give NPEa second chance to act on my SAR?
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Fri, 11 Jan 2019 - 16:23
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#23
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Churchmouse should I contact the ICO or give NPEa second chance to act on my SAR? I would use the above contact first. The DPO should know exactly what a SAR is... -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Fri, 11 Jan 2019 - 16:40
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#24
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Member Group: Members Posts: 17 Joined: 8 Jan 2019 Member No.: 101,775 |
Jlc, thanks.
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Fri, 11 Jan 2019 - 22:32
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#25
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
Churchmouse should I contact the ICO or give NPEa second chance to act on my SAR? I would use the above contact first. The DPO should know exactly what a SAR is... Everyone in a PPC-type business should know what a SAR is... --Churchmouse |
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Fri, 11 Jan 2019 - 22:37
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#26
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Member Group: Members Posts: 10,695 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
As they are an IAS company, there would be little point to appealing as any appeal would be denied by the PPC and the IAS kangaroo court.
Fight them off at the LBC stage is a reasonable action. |
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Sat, 12 Jan 2019 - 01:23
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#27
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Member Group: Members Posts: 1,640 Joined: 30 May 2013 Member No.: 62,328 |
Is it an OCR fault or does the initial NTK (rear) say using the provisions of paragraph 14 of schedule four...
-------------------- The owl of Minerva spreads its wings only with the falling of the dusk.
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Sat, 12 Jan 2019 - 16:01
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#28
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Member Group: Members Posts: 10,695 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
Yep, they state paragraph 14.
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Sat, 12 Jan 2019 - 18:41
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#29
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Member Group: Members Posts: 17 Joined: 8 Jan 2019 Member No.: 101,775 |
Can you expand on the relevance of the above please?
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Sat, 12 Jan 2019 - 23:30
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#30
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Member Group: Members Posts: 1,640 Joined: 30 May 2013 Member No.: 62,328 |
paragraph four is the one to use for transferring Driver liability to the Keeper.
Paragraph fourteen is related to hire vehicles, as is Paragraph thirteen. Schedule 4 Right to claim unpaid parking charges from keeper of vehicle 4.(1) The creditor has the right to recover any unpaid... Conditions that must be met for purposes of paragraph 4 5.(1) The first condition is that the creditor— Hire vehicles 13.(1) This paragraph applies in the case of parking charges... -------------------- The owl of Minerva spreads its wings only with the falling of the dusk.
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Sat, 12 Jan 2019 - 23:38
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#31
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So with paragraph 14 being mentioned is this a hire car?
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Sun, 13 Jan 2019 - 00:23
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#32
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Member Group: Members Posts: 17 Joined: 8 Jan 2019 Member No.: 101,775 |
No definitely not a hire car.
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Sun, 13 Jan 2019 - 07:28
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#33
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Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
Is it an OCR fault or does the initial NTK (rear) say using the provisions of paragraph 14 of schedule four... It will be another typo. They were in trouble recently for issuing a NtK against the wrong vehicle, quickly blaming 'fat finger syndrome' when challenged. @OP - as I understand their operation at the Co-op, they have CCTV cameras trained on the disabled and parent and child bays. I'm not aware they have any boots on the ground. From the two grainy, remotely accessed photos in the NtK, how do they conclude a failure to display a valid blue badge? Do you have a blue badge? Or do you have a health issue that would qualify you for 'reasonable adjustment' under the provisions of the Equality Act 2010? This post has been edited by Umkomaas: Sun, 13 Jan 2019 - 07:29 |
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Sun, 13 Jan 2019 - 13:47
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#34
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New Member Group: Members Posts: 7 Joined: 20 Dec 2018 Member No.: 101,541 |
Hi Baablefish,
Good luck with your case. I, like yourself thought the best course of action was to ignore. Google doesn't always seem to come up with the latest search results. |
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Mon, 21 Jan 2019 - 17:16
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#35
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Member Group: Members Posts: 17 Joined: 8 Jan 2019 Member No.: 101,775 |
Sorry for my absence I've had a very busy few days, including the arrival of a new grand daughter.
As suggested I sent an email to dpo@parkingprotection and have had no response what so ever. I also wrote to Gladstones and have heard nothing back from them either, both communications were sent 7 days ago. I have had confirmation that Gladstones have accepted my change of address notification. |
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Tue, 22 Jan 2019 - 07:24
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#36
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Member Group: Members Posts: 475 Joined: 26 Feb 2008 Member No.: 17,593 |
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Tue, 22 Jan 2019 - 08:47
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#37
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Member Group: Members Posts: 419 Joined: 22 Oct 2018 Member No.: 100,530 |
Congratulations!
and you did put .co.uk on the end of that email address didn't you? |
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Tue, 22 Jan 2019 - 12:42
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#38
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
they have noe month to respond,s o 7 days is nothing...!
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Tue, 22 Jan 2019 - 18:11
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#39
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Member Group: Members Posts: 17 Joined: 8 Jan 2019 Member No.: 101,775 |
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Tue, 5 Feb 2019 - 19:59
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#40
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Member Group: Members Posts: 17 Joined: 8 Jan 2019 Member No.: 101,775 |
I have received further communication from Gladstones stating they have noted the contents of my 2nd letter to them (2nd request to restrict data processing) They state '[We understand you have received direct response from our Data Protection Team in this regard.
We now invite you to make a payment in the sum of £160.00 etc.etc. . . In the event that neither a substantive response nor payment is made within 30 days from the date of this letter then our client may elect to issue legal proceedings without further notice' Forgive me if I misunderstand this but if their client have 30 days to comply with my SAR and they actually take 30 days to do this (not that I expect they will) surely legal proceedings cannot commence 30 days after the date of Gladstones letter as they will still be restricted from processing any detail until I have the SAR detail from NPE? This post has been edited by Baablefish: Tue, 5 Feb 2019 - 20:21 |
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