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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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nosferatu1001
post Wed, 6 Feb 2019 - 11:03
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THey can ignore your request
They do this all the time.
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Fredd
post Wed, 6 Feb 2019 - 12:27
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QUOTE (Baablefish @ Tue, 5 Feb 2019 - 19:59) *
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?

Where did you get the idea that they are restricted from processing your data while responding to a SAR? Either there's a woeful gap in my knowledge of the DPA, or you're barking up the wrong tree.


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Jlc
post Wed, 6 Feb 2019 - 13:31
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It's usually worth stating something along the lines that it they shouldn't progress matters whilst a SAR has been complied with but it's a totally separate process to PAP for debt claims. Indeed, the SAR itself doesn't force any restriction of processing.


--------------------
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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cabbyman
post Wed, 6 Feb 2019 - 16:18
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However, any unreasonable continuation of processing before I receive a reply to my SAR will be brought to the attention of the court in any proceedings and the court invited to draw a conclusion that a litigant in person may have been unfairly prejudiced in preparing a defence against a corporate professiionals and their legal advisors.


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Fredd
post Wed, 6 Feb 2019 - 16:48
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How does the timing of the reply to a SAR have anything to do with the legitimacy of the grounds they're relying on to process the data? And how would your defence to their claim be prejudiced by them processing your personal data when they shouldn't?


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