ES Parking IAS

Castle

Tabz123 wrote: »

I deny liability for any sum at all and you should consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.''

Section 10 is no more; you'll want Article 18 and/or 21 under the GDPR's.
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-restrict-processing/

Coupon-mad

Split infinitives still need sorting. You have this, twice, and it's causing my inner grammar pedant to scream:

I as the registered keeper

''I'' is follows only by the verb it relates to. Nothing goes in between!

Tabz123

Castle wrote: »

Section 10 is no more; you'll want Article 18 and/or 21 under the GDPR's.
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-restrict-processing/

Thanks - will amend in my response to Coupon Mad below...

Tabz123

Coupon-mad wrote: »

Split infinitives still need sorting. You have this, twice, and it's causing my inner grammar pedant to scream:



''I'' is follows only by the verb it relates to. Nothing goes in between!

'Dear Sir/Madam:

Re PCN number: xxxxxx

I am not ignoring your charge for a purported parking infraction. As the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details and the full identity of the landowner.
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. If the charge is based on damages for breach of contract please provide your justification of this sum.
4. Is your charge based on an agreed 'fee' for the provision of parking? Answer yes or no. If so, please provide a valid VAT invoice for this 'service'.
5. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

I have already sent you images of the ticket that was present in the vehicle by the driver at the time of the purported parking infraction. Please note that I do not affirm the identity of the driver of the vehicle and act in the capacity of registered keeper in this communication to you.

The fact that you choose to ignore that you have been provided with a valid parking ticket and have decided to pursue this matter will be duly noted in court. Any previous communications that have been sent to you (including this letter) will be used as evidence to affirm to the courts that you had prior knowledge of any purchased tickets but continued to incur further costs in pursuit of this claim, knowlingly.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery', specifically prohibited by the POFA 2012 Schedule 4. I will not respond to debt collectors and so for you to involve a third party would be a failure to mitigate your costs as well as a deliberate and knowing misuse of my data.

For the avoidance of doubt, I do not consent to my data being shared or processed by you or your agents. I am the registered keeper of the vehicle have already sent you a request under GDPR regulations and await your response in line with the stipulated requirements of the ICO.

Please also note that this matter will be bought to the attention of the MP of the respective constituency. This will be to ensure that the local MP is made aware of your firm's practices. In addition to contacting the MP, the land owner will also be contacted in due course.

I further contend that you have failed to establish keeper liability. So, to continue to process my data now that you have exhausted your only DVLA-allowed purpose (i.e. to invite me to name the driver, which I decline outright) would be wholly unreasonable and contrary to the GDPR principles. To share, sell, store or process my data at all now you are aware that you have no further excuse or reasonable cause, will be data misuse and I will report you to the Information Commissioner.

I deny liability for any sum at all and you should consider this letter my right to objection under article 21 of the GDPR. Please refer to the rules detailed within GDPR and the implications for processing my data from this point forward.

You are required to respond within 21 days.''

Coupon-mad

Personally I think these 4 questions from an old template, are pointless:

1. Who is the party that contracted with your company? I require their contact details and the full identity of the landowner.
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. If the charge is based on damages for breach of contract please provide your justification of this sum.
4. Is your charge based on an agreed 'fee' for the provision of parking? Answer yes or no. If so, please provide a valid VAT invoice for this 'service'.

Ask for images, letters, anything you want by way of data held but you will not get the landowner contract this early (why should they?!) and the other questions about the basis of the charge are a bit silly, IMHO (always were).

Tabz123

Is there a new template from the newbies section that I have missed?
I know they will keep pushing on this 'fluttering ticket' case and state the thr contractual basis for the full ticket price allegedly came into play when they deem a ticket not to have beem visible. However I was hoping that they would recognise that in court a judge will discount on the premise of 1. Valid ticket having been bought and detailed to the company

2. Nil success or attempt of the company identifying the driver.

Please point me to an updated or better template and i will amend

Coupon-mad

There isn't a template as you are replying to a demand that is neither one thing nor the other.

If you are to reply at all I would merely ask for all their evidence, show them yours again, and tell them to expect contact from your MP.

Tabz123

My final and edited response to the demands by ES. Will not engage with this vile company beyond this point...



Dear Sir/Madam:

Re PCN number: xxxxxx

I am not ignoring your charge for a purported parking infraction. I acknowledge that you have sent images of the front windscreen of a vehicle but I must point out to you that this severely limited photography prevents the identification of the vehicle itself due to the proximity of the images and the absence of any registration plate.

I have already sent you images of the ticket that was present in the vehicle by the proposed driver at the time of the purported parking infraction.

Note that by presenting the valid ticket, I do not however affirm the identity of the driver of the vehicle and act in the capacity of registered keeper in this communication to you.

The fact that you choose to ignore that you have been provided with a valid parking ticket and have decided to pursue this matter will be duly noted in court. Any previous communications that have been sent to you (including this letter) will be used as evidence to affirm to the courts that you had prior knowledge of any purchased tickets but continued to incur further costs in pursuit of this claim, knowingly.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery', specifically prohibited by the POFA 2012 Schedule 4. I will not respond to debt collectors and so for you to involve a third party would be a failure to mitigate your costs as well as a deliberate and knowing misuse of my data.

For the avoidance of doubt, I do not consent to my data being shared or processed by you or your agents. I am the registered keeper of the vehicle have already sent you a request under GDPR regulations and await your response in line with the stipulated requirements of the ICO.

Please also note that this matter has been brought to the attention of the MP of the respective constituency. This will be to ensure that the local MP is made aware of your firm's practices. In addition to contacting the MP, the land owner will also be contacted in due course.

I further contend that you have failed to establish keeper liability. So, to continue to process my data now that you have exhausted your only DVLA-allowed purpose (i.e. to invite me to name the driver, which I decline outright) would be wholly unreasonable and contrary to the GDPR principles. To share, sell, store or process my data at all now you are aware that you have no further excuse or reasonable cause, will be data misuse and I will report you to the Information Commissioner.

I deny liability for any sum at all and you should consider this letter my right to objection under article 21 of the GDPR. Please refer to the rules detailed within GDPR and the implications for processing my data from this point forward.

You are required to respond within 21 days.

Coupon-mad

Nice one!

Tabz123

So I have today received a Letter before Claim from Gladrags stating a charge amount of £160. They offer a Pre Action before Protocol. Of course this is utter nonsense so I will now await the court letter?