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Refusal to restrict data processing, PCN solicitor continuing data processing during SAR application
Baablefish
post Tue, 8 Jan 2019 - 22:14
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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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post Tue, 8 Jan 2019 - 22:14
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Jlc
post Fri, 11 Jan 2019 - 16:07
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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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Baablefish
post Fri, 11 Jan 2019 - 16:12
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Churchmouse should I contact the ICO or give NPEa second chance to act on my SAR?
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Jlc
post Fri, 11 Jan 2019 - 16:23
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QUOTE (Baablefish @ Fri, 11 Jan 2019 - 16:12) *
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Baablefish
post Fri, 11 Jan 2019 - 16:40
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Jlc, thanks.
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Churchmouse
post Fri, 11 Jan 2019 - 22:32
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QUOTE (Jlc @ Fri, 11 Jan 2019 - 16:23) *
QUOTE (Baablefish @ Fri, 11 Jan 2019 - 16:12) *
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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Glacier2
post Fri, 11 Jan 2019 - 22:37
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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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Albert Ross
post Sat, 12 Jan 2019 - 01:23
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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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Glacier2
post Sat, 12 Jan 2019 - 16:01
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Yep, they state paragraph 14.
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Baablefish
post Sat, 12 Jan 2019 - 18:41
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Can you expand on the relevance of the above please?
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Albert Ross
post Sat, 12 Jan 2019 - 23:30
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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—

6.(1) The second condition is that the creditor (or a...

7.(1) A notice which is to be relied on as...

8.(1) A notice which is to be relied on as...

9.(1) A notice which is to be relied on as...

10.(1) The appropriate national authority may by regulations made by...

11.(1) The third condition is that— (a) the creditor (or...

12.(1) The fourth condition is that any applicable requirements prescribed...


Hire vehicles

13.(1) This paragraph applies in the case of parking charges...

14.(1) If— (a) the creditor is by virtue of paragraph...




--------------------
The owl of Minerva spreads its wings only with the falling of the dusk.
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ostell
post Sat, 12 Jan 2019 - 23:38
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So with paragraph 14 being mentioned is this a hire car?
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Baablefish
post Sun, 13 Jan 2019 - 00:23
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No definitely not a hire car.
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Umkomaas
post Sun, 13 Jan 2019 - 07:28
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QUOTE (Albert Ross @ Sat, 12 Jan 2019 - 01:23) *
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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He Who Shall Not...
post Sun, 13 Jan 2019 - 13:47
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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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Baablefish
post Mon, 21 Jan 2019 - 17:16
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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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Fluffykins
post Yesterday, 07:24
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QUOTE (Baablefish @ Mon, 21 Jan 2019 - 17:16) *
Sorry for my absence I've had a very busy few days, including the arrival of a new grand daughter.


Congratulations!

And commiserations, in that you now have to admit to going to bed with a grandmother!

😁
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Ollyfrog
post Yesterday, 08:47
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Congratulations!

and you did put .co.uk on the end of that email address didn't you?
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nosferatu1001
post Yesterday, 12:42
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they have noe month to respond,s o 7 days is nothing...!
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Baablefish
post Yesterday, 18:11
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QUOTE (Ollyfrog @ Tue, 22 Jan 2019 - 08:47) *
Congratulations!

and you did put .co.uk on the end of that email address didn't you?

Thanks, yes I did put full e mail address, have now had an apology and request for documentary proof I have moved before they will progress my SAR application.
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