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DDB
Hi All

The keeper had a NTK from Topher with the date of posting 24/08/2017 for a parking event on 09/08/2017

The keeper then sent a letter informing them that they have not conformed with POFA as follows

I am in receipt of the NTK above, as the registered keeper. I note that you have requested that the ticket be passed to the driver concerned and that I advise you of their identity. I have duly passed your letter across but I am not obliged to pass on any personal identity, so decline to do so. You had an opportunity to invoke keeper liability under the provisions of the Protection of Freedoms Act 2012 which was enacted specifically to aid you in these circumstances, but you have chosen not to use this route to keeper liability. I was not the driver so there is no reason to suggest or infer otherwise.
As a consequence you fall short of imposing any liability on myself as the registered keeper.
Whether or not the driver contacts you directly having been advised of your ticket is of no further concern to me. My part in this matter is now concluded and I require you to remove my personal details from your system as they are no longer relevant to you.
As I have no liability in this matter, and the ticket details have been passed to the driver, I now place you on warning that you have no reasonable cause to continue using my personal data. If you continue your claim against me, or correspond further via any third party debt collection company you will be subject to a claim of damages for a breach of the Data Protection Act. The claim amount will be determined by the amount of aggravation I am subject to prior to its issue in a County Court claim.


The keeper then had a letter from Ultimate Customer Solutions on 19/10/2017 stating POFA and that this letter now provides notification that the keeper is liable for £160. £100 + £60 Admin fee which I thought was not allowed under POFA.

Once again a letter was sent to Topher

I previously wrote to you in regard to you failing POFA with the time you took to deliver the NTK. You seem to have paid no heed by appointing your agents UCS to pursue the matter on your behalf.
UCS in their letter to me have also misrepresented the legal status by making the keeper liable for the charge under POFA.

I now consider your company's actions as harassment. Your company has acted unreasonably with flagrant disregard to the aforementioned Acts and will be reported by me to the DVLA, ICO and IPC. This may result in legal action taken against you to compensate for damages of no less than £250 including exemplary or punitive damages . Therefore I demand that you cease and desist from processing my personal data any further.

The DPA requires that you respond to this notice within 21 days to confirm that you have or will comply with my demand or to explain why you have not or will not comply.

I look forward to your reply as per the Statutory Terms, Thank you.


To their surprise the keeper then had another letter from UCS.

We are in receipt of your recent communications, the content of which has been noted.
We have been trying to contact you in order to assist you in bringing this matter to a timely conclusion.
To end this please phone 123456789 at your earliest convenience.
In the absence of any contact within 14 days we will be unable to hold your account any longer and further action may commence.


The keeper never wrote or had any contact with UCS
ostell
Report to the ICO
nosferatu1001
Report to the ICO
Follow through on your threats to take them to court. Send them a LBA, holding UCS as liable as well.
DDB
Hi

The keeper has now receivced a letter from CBS solicitors so its now time to issue a LBA to them for DP breeches.
I cannot seem to find a LBA letter on here to a Parking company so I don't know how to compile one.

DDB
emanresu
QUOTE
The keeper has now received a letter from CBS solicitors so its now time to issue a LBA to them for DP breeches.


There is no DPA breach where the matter has been handed to legal representatives. "Debt" collectors yes but not solicitors - unless of course this is someone pretending to be so see if CBS want to confirm they sent it or have they allowed a non-regulated person access to their letterheads.

If CBS don't reply then the ICO complaint will be against UCS in the honestly held belief it was UCS sending the letter.
DDB
Is it not a DPA breech from Topher?
nosferatu1001
Why would it be? You are aware the DPA has a provision for sharing data connected with legal maters? I HAVE to be able to pass data to solicitors if I want to instruct them....
emanresu
QUOTE
Is it not a DPA breech from Topher?


Yes IF the CBS letter is actually from UCS. UCS can be subject to a second complaint IF they were made aware of the issue and pretended to be someone else. Not the clearest of a basis for a complaint but that's how they operate.

There is no DPA breach of the letter actually came from CBS acting as solicitors and not debt collectors. So it depends if CBS (if it was them) were acting in a regulated or unregulated manner. But would go after Topher/UCS as it is simpler.
DDB
Yep That's what I thought as Topher had sent the keeper details to UCS after I had informed them that they had not complied the POFA.

DDB
nosferatu1001
And they are allowed to employ debt collectors as well. Did you specifically state you do not consent to your data being passed to debt collectors?
DDB
Yes as per letter at the top of this topic
nosferatu1001
So off to the ICO. Ideally you need to get them to agree there is a breach.
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