IPC Draft appeal, new signs, parking having exceeded the time limit

SosXX

Subject access request -

[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]

Dear Sir or Madam

Subject access request

[Your full name and address and any other details to help identify you and the information you want.]

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

1. The evidence that the Operator has provided you, which on face value shows I they have a contract with the land owner.

2. Definition and explanation of the symbols under the wording "parking is permitted for" that is In the view of the IAS Assesor "perfectly clear in its terms"

3. A copy of the the contract that was formed when the driver accepted, by parking, the offer set out by the Operator in the terms on the sign. The charge is therefore the agreed price and an express term of the contract.

If you need any more information from me, or a fee, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at https://www.ico.gov.uk

Yours faithfully
[Signature]

SosXX

Notice of cancellation of contract with PCM -

To PCM:
I, as the keeper of the vehicle, hereby give notice that I cancel the contract formed when the driver accepted, by parking, the offer set out by the Operator in the terms on the sign. The charge is therefore the agreed price and an express term of the contract.
PCN number:
Ordered on (date),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

SosXX

Response to the email received from IAS -

I understand I have no further opportunity to appeal the above PCN but I would like to draw your attention to a couple of points I have been made aware of since seeking further advice

Regarding point 1. Where does it state within POFA SCHEDULE 4 - Recovery of unpaid parking charges, that if the driver is not named there is inference that the keeper is the driver?

Regarding point 7.

'Service contract' is defined separately in the regs from 'Service' and the EU Guidelines to the Regulations state that a parking contract is covered by 'service contract'.

''In the UK Regulations:
* “service contract” means a contract, other than a sales contract, under which a trader supplies or agrees to supply a service to a consumer and the consumer pays or agrees to pay the price.''

From the EU Guidance behind the Directive upon which the UK Law is based:

ec.europa.eu/justice/consumer-marketing/files/crd_guidance_en.pdf
''Service contracts...should be included in the scope of this Directive, as well as contracts related to...the rental of accommodation for non-residential purposes.

For example, renting a parking space...is subject to the Directive. ''

Also there is nothing in the 'distance contract' definition to exclude that because one party was on the premises - where the contract takes place isn't relevant if the parties are not face to face.

Can I also draw your attention to this practice note from the Law Society to the IPC because the Law Society understands that these regulations apply to all contracts, not just utilities -

http://www.lawsociety.org.uk/advice/...ulations-2013/

Finally, the appeal rejection is not signed. There is no evidence that this assessor is professionally qualified.

I would like to give you the opportunity to check whether, in light of this, the parking charge was, in fact, lawfully incurred.

Regards,

SosXX

Complaint to DVLA (so much I want to say here but I wonder if just sending them it will be enough, what do you think?) -

I attach below my recent appeal to IAS regarding a Notice to Keeper I was sent by PCM and an email I recieved from IAS in response to this.

I have a number of points I would like to complain about, but first, I would like to give you the opportunity to read my appeal and the IAS response and give me your views.

SosXX

I'm thinking re: MP, I'll get some of the responses back and see what they say before involving them.

Appreciate any feedback / help / criticism etc for any of the above. Bring it on, round 2. Thanks all.

Coupon-mad

I haven't done a SAR before but can see the IAS trying to wriggle, so I would ask for 'everything' if it were me:


Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

All information that was supplied by the Parking Operator or by any other parties, and all notes and requests and consultations (if any) made by the Barrister/Assessor which led to the decision by the IAS on xx/xx/xx re PCN xxxxxxx. To be clear, I require every piece of information obtained and used in this decision, and every email, letter or other recorded contact (including recorded telephone conversations if any) that took place from the moment the IPC referred this to the IAS, including proof of referral. The only exception to this is that I do not require is my own appeal wording.

SosXX wrote: »

Notice of cancellation of contract with PCM -

To PCM:
I, as the keeper of the vehicle, hereby give notice that I cancel the contract formed when the driver accepted, by parking, the offer set out by the Operator in the terms on the sign. The charge is therefore the agreed price and an express term of the contract.
PCN number:
Ordered on (date),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

No he didn't. Get rid of that! In my view you don't have to accept a contract to reject it.

Guys_Dad

SosXX wrote: »

Subject access request -

[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]

Dear Sir or Madam

Subject access request

[Your full name and address and any other details to help identify you and the information you want.]

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

1. The evidence that the Operator has provided you, which on face value shows I they have a contract with the land owner.

2. Definition and explanation of the symbols under the wording "parking is permitted for" that is In the view of the IAS Assesor "perfectly clear in its terms"

3. A copy of the the contract that was formed when the driver accepted, by parking, the offer set out by the Operator in the terms on the sign. The charge is therefore the agreed price and an express term of the contract.

If you need any more information from me, or a fee, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at https://www.ico.gov.uk

Yours faithfully
[Signature]

None of the above is a matter for Data Protection SAR.
Subject Access Requests cover personal data (see http://ico.org.uk/for_organisations/data_protection/subject_access_requests)

I quote

"Subject access is one of the main rights of the Data Protection Act. It gives people the right to access their personal information.

An individual can ask you to tell them about any personal information you hold about them, and to provide them with a copy of that information. In most cases you must respond within 40 calendar days of receiving it."

Now, the organisation has every right to ask for £10 fee from you for the search and then write back saying that the information you request is not covered by SAR.

The key to a SAR is the word "subject".

Castle

This is what I normally use in my Subject Access Request:-
"I hereby submit a formal Subject Access Request under section 7(1) of the Data Protection Act 1998 for you to provide me with all the information, to which I am entitled. The information should include, but is not limited to-

1.Copies of all documents, which include any of my personal information, including copies of any contacts, letters or invoices, emails or computer records containing my personal information, or any records, which, pertain to this information.

2.Full copies or transcripts of any correspondence in postal, email, telephone or any other format which you have entered into with me, or any other individual, organisation or third party which contains my personal or financial details, or which pertains to me.

3.Confirm to me in writing where you obtained the data from, when it was obtained and on what terms.

4.Provide to me in writing a full list of all companies/organisations/individuals to whom my personal, (including my phone number(s)), or financial details have been shared with.

If you require a fee please notify me by return of post. As the data controller, you have a 40 day time limit for me to receive this information."


If they ask for a cheque it would be interesting to see who's name it should be made out in!

SosXX

Hi, SAR requested and complaint sent to DVLA. I will update when responses received. Thanks again all

SosXX

I have received a response -

Thank you for your email enquiry.

As your appeal has been completed and closed, the IAS is unable to consider additional evidence in relation to your case. Further communication should be sent to the operator, as the IAS is unable to assist you further in relation to your appeal.

Thank you for your subject access request. To enable us to process your request we require a fee of £10. This can be paid by issuing a cheque payable to the “Independent Parking Committee Ltd” and sending it to the below address:

4 The Stables
Red Cow Yard
Knutsford
Cheshire
WA16 6DG

Please include photo identification to allow us to confirm your identity, copies only do not send originals. Examples are:

Passport/Travel Document
Photo Driving Licence
National Identity Card
ARC Card

Once these have been received we will process your request in accordance with the timeframes. Please send your payment/identification recorded delivery.

Yours sincerely

The IAS