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wrong registration number on PCN, please help

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Comments

  • Coupon-mad
    Coupon-mad Posts: 159,397 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 September 2018 at 2:39PM
    Should I request paper version, put name and sign?
    Of the reply form? No.

    As I understand that their client altered the VRN on the flawed 'PCN' and changed it in order to produce a 'NTK' with the right VRN, I would respond like this:

    Dear Sirs,

    Re PCN xxxxxxx - SAR and objection to processing - data concerns re UKCPM's alterations made to data held

    I refer to the copy LBC provided to me, which was never served. This serves as my response to the LBC, and a formal request under the GDPR.

    Firstly, you are required to note my objection to your processing of my phone number to demand money from me or in any way contact me, and I require that you and your client now erase my phone number from your data held, as it is excessive, intimidating and unjustified to contact me that way.

    The ICO will be informed, if you fail to erase it immediately, and confirm erasure.

    Further, I require from your client all data held, including all photos taken and a copy of the purported initial 'PCN' and the internal notes and records as to the decision made to alter the VRN between the void 'PCN' and the 'NTK', and who made that decision and why.

    I remind your client that this sort of data and information request is a SAR, and I hereby inform you and your client of my 'objection to processing' my data, and that they and you must now 'restrict' data processing.

    You and your client must now put any litigation planned 'on hold' whilst their Data Protection Officer investigates my concerns which are about the apparent alteration made to the VRN data within your systems, which was made without my knowledge or consent, and breaches the CPUTRs by causing an unfair imbalance to the detriment of the consumer's rights and interests.

    The GDPR require that any decisions made in relation to the balance between the interests of the controller (or relevant third party) and the rights of data subjects is documented; meaning that not only will a company have to prove their grounds for processing the data, but they will also have to demonstrate how their conclusions were drawn.

    You may or may not be aware that Local Authorities always cancel a 'PCN' where their CEO wrongly records the VRN. Private firms have no lawful excuse or legitimate interest in altering data wrongly collected, so that they can continue with a flawed case, with no PCN properly given. I hereby request that Gladstones inform your mates at the IPC about this fact, to prevent AOS members from unlawfully altering data as if they have some sort of 'slip rule' authority to rely upon (seems to me that your client has assumed powers restricted only to the Police in this regard, as well as impersonating a Local Authority PCN in the first place).

    Kindly inform your client's DPO that I require the VRN in their data records to be be altered back to the original one noted on the flawed PCN by the person on site on the day, and that I do not agree to their altering the data to a VRN to suit my car, so that they could assume the power of a slip rule, against my interests, to apply for my data from the DVLA. There is no slip rule in the GDPR, and your client has unlawfully manipulated the data held in their records and I want to see the records of this decision-making and why it was done and by whom, and what regard was paid to my rights as data subject of the VRN they altered the records to show.

    I will then pass my findings to the ICO so the restriction of data processing must continue until the ICO investigation is concluded against your client. It goes without saying that you cannot proceed with a court claim whilst this process continues, so an indefinite 'on hold/restricted data processing' note must be placed on the account.

    Even if your client now cancels the PCN, they must still produce the above data.

    yours faithfully,
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Many Thanks Coupon-mad!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This surely is one for your MP.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
    for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • tomeo007
    tomeo007 Posts: 33 Forumite
    Hi Coupon-mad and Others.
    I have received answer letter from the Gladstones:
    https://imgur.com/a/1jw1phg
    any suggestions?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Wait, you didnt date it? Theres a reason all letters are dated.
  • tomeo007
    tomeo007 Posts: 33 Forumite
    Should I send it again dated?
    I have sign for postage proof and confirmation letter they received my letter.
    Any suggestions for next move?
  • Hi all,
    I just received all documents from CPM (data protection officer), how they was processing:
    https://imgur.com/a/3SitjMK

    What should I do now?
  • Hi
    What should I do now?
    Any suggestions?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Wait patiently for a Claim Form from the County Court Business Centre.

    While waiting, prepare yourself on how to deal with it by re-reading post #2 of the NEWBIES FAQ sticky thread.
  • Umkomaas
    Umkomaas Posts: 44,217 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    While waiting, prepare yourself on how to deal with it by re-reading post #2 of the NEWBIES FAQ sticky thread.
    I agree with Keith.

    You do really need to get ahead of this via plenty of research to enhance your knowledge and understanding of the issues surrounding your case - that way you give yourself the best chance of success.

    Just coming back each time something happens and asking 'What should I do now?', always leaves you on the back foot. You need to get a better understanding of what might happen next (via searching the forum for broadly similar cases) and get yourself ready so you know what you do when it happens.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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