NTK Received from Brittania Parking

ColliesCarer

Congratulations lifesarainbow :T

Most of their response is petty and not worth worrying about but I think you should take serious issue with them about this point.
How dare they threaten to monitor you?

Point C, under formal note: Not relevant as we are prepared to except that it was not intentional that your ticket expired and as a gesture of goodwill I have cancelled the PCN. All PCN’s are linked by the registration number so we will able to monitor if you receive any more for the same reason. I cannot guarantee that future contraventions will be treated with the same leniency, and if your appeal is rejected we will supply you will you POPLA verification code, our genuine pre-estimate of loss and copy of the authorisation letter from the Landowner that we can issue PCN’s on their behalf.

I would write to them and demand that they delete any data held in reference to you or the vehicle you were keeper of at the time of their alleged event from their system as they have no cause to retain it.

I would also send a copy of their cancellation letter along with a letters of complaint to the BPA, the DVLA and ICO.

They are required to obtain keeper details from the DVLA at the time of any alleged event and pay £2.50 to do so NOT retain personal information from a previous alleged event.

Coupon-mad

They cannot 'monitor' a car because they don't know if it's the same driver each time, or whether maybe you could have sold the car next week to someone else! And having data stored about you and your car after they've cancelled this ticket is (you could argue) likely to breach their registration with the Information Commissioner. Firms cannot keep data (not even car reg numbers) for longer than is necessary and it's no longer 'necessary' for them to store it in your case.

Umkomaas

Point C, under formal note: Not relevant as we are prepared to except that it was not intentional that your ticket expired and as a gesture of goodwill I have cancelled the PCN. All PCN’s are linked by the registration number so we will able to monitor if you receive any more for the same reason. I cannot guarantee that future contraventions will be treated with the same leniency, and if your appeal is rejected we will supply you will you POPLA verification code, our genuine pre-estimate of loss and copy of the authorisation letter from the Landowner that we can issue PCN’s on their behalf.

Well done (more wine now)!

I concur with above comments re data retention - so time for a complaint to the DVLA.

Whilst they might not be able to guarantee that future contraventions will be treated with the same leniency, you can guarantee them that you will be utilising the same template appeal and if they're daft enough to reject that, then you'll use another MSE template and spank them at POPLA.

bazster

"Under formal note". Four times. Scary, that Amey Fowler knows her stuff.

(Anyone got the foggiest idea what it means? :rotfl:)

lifesarainbow

Thank you both again. I hadn't thought of the Data Protection implications of their letter but I'm sure you're right. I will send them a reply email along the lines you suggest.


Truth is stranger than fiction isn't it? You point out that I could sell the car to someone else ... well the truth is that I have ordered a new car and traded this one in as part exchange. I'll be picking the new car up in a couple of weeks time. As you suggest, this means that someone else will soon own this car and, if Brittania are 'monitoring' that registration number so they can pounce if it ever contravenes their rules 'for the same reason' (i.e. overstaying), then surely that means the unsuspecting new owner will be unfairly treated or victimised in relation to every other car park user.


I'll ask Brittania to confirm in writing that they have deleted all data they hold on me or the vehicle. Do you think I should wait for a reply from them before writing to BPA, DVLA and ICO? Or would you just write to all of them straight away?

lifesarainbow

Umkomaas wrote: »

Well done (more wine now)!

I concur with above comments re data retention - so time for a complaint to the DVLA.

Whilst they might not be able to guarantee that future contraventions will be treated with the same leniency, you can guarantee them that you will be utilising the same template appeal and if they're daft enough to reject that, then you'll use another MSE template and spank them at POPLA.

Hahaha Umkomaas, that's so funny, I'm tempted to use your words exactly! And yes, more wine now, the build-up to the England match is about to start so will I be celebrating or drowning my sorrows?

Redx

lifesarainbow wrote: »

Thank you both again. I hadn't thought of the Data Protection implications of their letter but I'm sure you're right. I will send them a reply email along the lines you suggest.


Truth is stranger than fiction isn't it? You point out that I could sell the car to someone else ... well the truth is that I have ordered a new car and traded this one in as part exchange. I'll be picking the new car up in a couple of weeks time. As you suggest, this means that someone else will soon own this car and, if Brittania are 'monitoring' that registration number so they can pounce if it ever contravenes their rules 'for the same reason' (i.e. overstaying), then surely that means the unsuspecting new owner will be unfairly treated or victimised in relation to every other car park user.


I'll ask Brittania to confirm in writing that they have deleted all data they hold on me or the vehicle. Do you think I should wait for a reply from them before writing to BPA, DVLA and ICO? Or would you just write to all of them straight away?

what would worry me here is that YOU could receive loads of parking tickets (speculative invoices) for a car you no longer own , if the new owner was to park in various places and not pay for parking or overstay or break a million other rules issues , all caused by their misuse or retention of data (and failures under the data protection act) , plus they have no right to "monitor" you at all !

maybe the police have this right if you broke the law, but I do not believe any private parking company is allowed to do this at all

lifesarainbow

Redx wrote: »

what would worry me here is that YOU could receive loads of parking tickets (speculative invoices) for a car you no longer own , if the new owner was to park in various places and not pay for parking or overstay or break a million other rules issues , all caused by their misuse or retention of data (and failures under the data protection act) , plus they have no right to "monitor" you at all !

maybe the police have this right if you broke the law, but I do not believe any private parking company is allowed to do this at all

Thank you Redx .. for that reason then, I think I'll go for complaining to DVLA, ICO and the BPA straight away.

Umkomaas

lifesarainbow wrote: »

Thank you Redx .. for that reason then, I think I'll go for complaining to DVLA, ICO and the BPA straight away.

I wouldn't go back to Britannia to ask them to delete your data - they've made their intention quite clear - and in writing; it's now up to the DVLA to ensure that your data in this context is protected, pass it to them.

Don't go feeling grateful to an organisation that is quite prepared to give you $h1t and sleepless nights purely for their own profit - give it them back, with interest. Let them squirm and explain themselves to the DVLA, the ICO and the BPA.

How dare they threaten to 'monitor' you. Preposterous.

Enjoy the match

lifesarainbow

Umkomaas wrote: »

I wouldn't go back to Britannia to ask them to delete your data - they've made their intention quite clear - and in writing; it's now up to the DVLA to ensure that your data in this context is protected, pass it to them.

Don't go feeling grateful to an organisation that is quite prepared to give you $h1t and sleepless nights purely for their own profit - give it them back, with interest. Let them squirm and explain themselves to the DVLA, the ICO and the BPA.

How dare they threaten to 'monitor' you. Preposterous.

Enjoy the match

So many thanks again Umkomaas, yes you're right and I so appreciate your clear thinking and advice. So letter goes to DVLA tomorrow, but also the ICO? Or not?

I'm watching the match but England have just gone a goal down .