NCP ANPR Crawley Boulevard West - My Story and One Question

Coupon-mad

Meanwhile send the parking firm a SAR*, now, to see all photos/letters, all data held. Show your ID by attaching a copy of your V5C.


*Google to see if they have a privacy page on their website, which will give a contact email or address.

noodlegunk

Ok, so I've now received an actual Letter of Claim and all the details there look kosher against the pre-court protocol. I am drafting my reply. Here it is so far - please criticise away so that I can hone it even better... maybe I'm playing too many cards at once though...?

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You clearly say in your letter dated 29th October 2018 that the disputed balance of £160 due is a debt. It is not a debt until a court of law rules otherwise. You have literally taken the law into your own hands.

You say in your letter dated 12th October 2018 that: ‘ As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the Balance Due remains outstanding […]’. This statement is false: Your client’s PCN was originally sent on 23rd May 2018. I must emphatically say that I then appealed it. Your client then also confirms this themselves by sending me a letter dated 30th June 2018 saying: ‘Thank you for your appeal received on 17/06/2018 regarding the above detailed Parking Charge Notice […]’. Therefore, I clearly did appeal within 28 days from the date of the PCN. (That’s 25 days actually, if you were having difficulty working it out yourselves…) General statements of this ilk preclude any realistic possibility that a competent legal professional is dealing with this case, and one may reasonably surmise that the case is being managed by an automated system (a ‘robot’) and is a so-called ‘robocase’ designed to maximise profit for yourselves and for your client. Such cases cause maximum misery to defendants, and waste the time of the already overloaded court system. This is something that I intend to write to my local MP about.

Your client claims that: ‘The breach relating to the period of parking was recorded by an approved ANPR camera’. To date the only evidence your client has supplied are the photographs supposedly taken by their on-site ANPR camera which only show the car registration mark. The same ANPR photographic evidence does not show entry/exit date or time, nor does it show the location of the alleged breach. Inserting a typed date and time above each photo (i.e. information that the camera has not directly recorded) is liable to error. N.B. here I have reasonably interpreted the use of the word ‘camera’ to be: ‘A device for recording visual images in the form of photographs, film, or video signals’ (Oxford Dictionary 2018). It therefore does not record date and time directly and therefore the breach relating to the period of parking cannot have been recorded by the ‘ANPR camera’ as your client claims.

I requested a clear image of the signage and a clear explanation of the allegation in my initial appeal to your client. These have not been provided by your client to date. In your letter dated 12th October 2018, you say: ‘Our Client’s terms and conditions are clearly displayed in our client signage’. I put your client to strict proof that the terms and conditions are clearly displayed to drivers who intend to enter the site.

From the photographs your client has supplied to date, the ANPR camera has registered the registration mark of the vehicle before it has fully entered the car park (N.B. no demarcations are in place showing the extremity of the car park, and so I have had to make the reasonable assumption that the curbing that can be seen in the photographs is the extremity) let alone before the driver has had the chance to read any signage relating to terms and conditions. I require your client to explain how they determined that the driver actually entered the car park on this date and time, and how drivers are able to read terms and conditions before having their car registration recognised and stored by the ANPR equipment, and whether this information is subsequently processed by a human by some automatic system.

As a member of an accredited parking association, I expect your client to adhere to the rules that the association promotes, including the periods of grace allowed for entering and exiting the car park. I would like to request that your client provides details how grace periods have been factored in to the decision that the driver allegedly committed a breach of contract.

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Coupon-mad

Have you done the SAR to the parking firm? As important as a reply to a LBCCC.

noodlegunk

Coupon-mad wrote: »

Have you done the SAR to the parking firm? As important as a reply to a LBCCC.

Yes! I have indeed dropped the SAR bomb. If anyone else wants to do the same you may copy my response, obviously substituting details:

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SUBJECT ACCESS REQUEST

I request all data you currently hold about me, including, but not limited to, the contents of my personnel file, any correspondence between us, and any CCTV/ANPR images/footage you have gathered in relation to me. I request this so that I may make pertinent legal decisions in relation to a dispute I currently have with you regarding PCN [PCN number here]

I also reserve the right to request the following:

- What you are using my data for.
- Who you are sharing my data with.
- How long you will store my data for, and how you made this decision.
- Information on my rights to challenge the accuracy of my data, to have it deleted, or to object to its use.
- Information on my right to complain to the ICO.
- Information on where my data came from.
- Whether my data is used for profiling or automated decision making and how you are doing this.
- If you have transferred my data to a third party, and what security measures you took to do this.

My name is:

My contact details are:

My address is:

It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this request to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

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