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PCM Parking Charge at Hayes and Harlington Station

1456810

Comments

  • Gooston
    Gooston Posts: 46 Forumite
    I've read up on the DPA section 10 notice. So if I understand correct, I will HAVE to issue an LBC against PCM and Ballymore if they fail to comply? Seems like it'd need an army of lawyers to do that! Especially with Ballymore involved
  • Gooston
    Gooston Posts: 46 Forumite
    edited 7 March 2017 at 4:25PM
    Hello again, I've spoken to someone at BMPA and they have recommended against sending an s10. They ask if it you guys can cite successful use of s10 or cases which have gone on to be won after issuing an s10. They said if it goes to court that it could be seen as me not willing to resolve the issue in a straight forward manner (which is what courts like).

    I'm thinking I should just wait for the inevitable debt collector letters and LBC. Any suggestions would greatly be appreciated at this point.

    I'm going to take new pictures of the singage in the area incase those miraculously change too
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    Sounds fair and I tend to agree with the BMPA advice, being a founder member myself (and no, it wasn't me replying to you as the BMPA).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Gooston
    Gooston Posts: 46 Forumite
    Thank you for understanding. I hope nobody thinks I'm taking any of this advice for granted, if anything this gives me more options going forward. Also, I've just taken a picture of the sign (same as the one on the BMPA site) so if they change that I'll know!

    Coupon-mad. I was wondering if who I was talking to was someone on this thread haha.

    Anyway, I'll carry on with the updates as they come but I think I'll wait for PCM to make a move now (letter to MP will be sent again)
  • Timothea
    Timothea Posts: 177
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    edited 7 March 2017 at 11:10PM
    Gooston wrote: »
    Hello again, I've spoken to someone at BMPA and they have recommended against sending an s10. They ask if it you guys can cite successful use of s10 or cases which have gone on to be won after issuing an s10. They said if it goes to court that it could be seen as me not willing to resolve the issue in a straight forward manner (which is what courts like).
    The judgment in Halliday -v- Creation Consumer Finance Limited [2013] EWCA Civ 333, paragraph 29, says:
    Then Mr Capon submits that, on discovering the entry in May 2008, Mr Halliday did not write to CCF or to Equifax pursuant to section 10 of the 1998 Act or otherwise complaining about the entries or stating that they caused him distress. He did not write in fact until July, and this is, on his submission, some indication that the matters did not weigh heavily upon him. That is a matter that I think should be taken into account.
    So, the Appeal Court judges took the failure by the data subject to send a section 10 data subject notice to the data controllers as detrimental to the data subject's case.

    A section 10 data subject notice, in my view, has several advantages:
    1. It is the correct way for a data subject to ask a data controller to stop processing heir data
    2. It requires the data controller to provide a substantive response to the data subject within 21 days
    3. It shows the data controller that the data subject is familiar with the Data Protection Act 1998
    4. If it is found that a DPA breach has occurred and the data controller has not complied with the notice then it may justify an increased quantum for compensation

    I'm sure the BMPA has a point and, obviously, District Judges are not Appeal Court judges, but I think the balance is definitely for sending a section 10 data subject notice as soon as a DPA breach is suspected. If nothing else, it puts the data controller in a negative light if it fail to respond at all.
  • Timothea
    Timothea Posts: 177
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    edited 8 March 2017 at 1:39PM
    Gooston wrote: »
    I've read up on the DPA section 10 notice. So if I understand correct, I will HAVE to issue an LBC against PCM and Ballymore if they fail to comply? Seems like it'd need an army of lawyers to do that! Especially with Ballymore involved
    Not at all. A section 10 notice is just the formal way to tell a data controller to stop processing your data, or to justify why they won't stop. Nobody is ever forced to send an LBC. However, if you are so-minded, sending an LBC and, if necessary, making a small claim may be the only way to get a positive result.

    I'd happily do it, but very few other people would. Having a big company involved can be an advantage because they will often take a pragmatic view. They are not going to engage a £1,500-a-day barrister to defend a £500 claim. The simplest way for a big company to deal with it would be to tell their agent to settle the claim. :)
  • whaqqer
    whaqqer Posts: 50 Forumite
    Timothea,

    I am currently going throught the same thing at Hayes as Goosten. I know you commented earlier in this thread regarding parking and they have cited to me in my appeal to them that a dictionary definition of parked is a vehicle stopped and left in place for a period of time, albeit a short period. Can I ask what you opinion of this is?

    Thanks
    Whaq
  • Castle
    Castle Posts: 4,116
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    whaqqer wrote: »
    Timothea,

    I am currently going throught the same thing at Hayes as Goosten. I know you commented earlier in this thread regarding parking and they have cited to me in my appeal to them that a dictionary definition of parked is a vehicle stopped and left in place for a period of time, albeit a short period. Can I ask what you opinion of this is?

    Thanks
    Whaq


    Read paragraphs 19 to 21 of CS038 Jopson vs Homeguard judgement with regards to "stopping" vs "parking" and please start a NEW THREAD if you want any further help.
    http://www.parking-prankster.com/case-law.html
  • whaqqer
    whaqqer Posts: 50 Forumite
    Hi Castle,

    Thanks for the quick response.

    I'm not trying to hijack Goostens thread, but thought the clarification you have given may be useful to all the others (and certainly to me) that are following this thread and that have received identical letters to mine and Goostens. But thank you again, I now have a better understanding of the term 'park'
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    Lord Neuberger (Supreme Court) also defined parking in his comments in Moncrieff:

    http://forums.moneysavingexpert.com/showthread.php?p=71877568#post71877568

    Persuasive opinion as he is one of the UK's top Judges.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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