SCS Law LBC with GDPR variant

TGizza

Hi all, I could really use some help with this. About three years ago, whilst parking at an educational establishment that employed UKPC I had problems with the permit falling off the screen and received 7pcns. ignored all the letters then all went quiet. until recently the LBC letter came. I am ready to reply, but there are a few interesting factors I would like advice on please?

I am over 18, its my car I am in the UK. I was employed by the educational establishment.

The car was parked in a numbered space, and a list was kept of my reg number make and model withe the person in charge of dealing with the parking company, the PA to the headteacher.
The car park was only accesible via an electric gate with a passcard issued to employees.
As part of my employment contract, I never signed anything in relation to parking on site.
Do either of those three factors increase my defence if they were to take it to court?

Furthermore, I emailed the employee at the educational establishment who looked after parking and asked them to contact UKPC to cancel the PCNs as the landowner. UKPC replied that "They do not have permission from the data subject to disclose any information about this case" to them.

How can I now proceed? I want to give them permission to discuss my case and hopefully cancel the PCNs, but I dont want anything else divulged by the employee of the educational establishment that could endanger any further legal action such as "Oh yes Mr xxx regularly drove car xxx123 to work"
Seeing as they are playing the GDPR card, I also feel like I should ask all companies involved for a SAR - is there a template or a post on this?

I thank you all in advance

beamerguy

UKPC are really scraping the barrel, business must be bad

SCSLaw don't have a clue and just follow instructions

The LBC ... did they provide you with evidence to prove
their claim and did you get 30 days to respond

The reply from UKPC shows complete ignorance, which is of no
surprise considering the rubbish they come out with

You did not ask for any data release, more so a simple
request to get this cancelled.

GDPR works for you because the employer cannot release
data without your permission

What is your reply to the LBA/LBC ?

Coupon-mad

A good SAR example is in the GDPR SAR thread commented on again only today, so it's not far back in the thread list. Have a look, it's a thread I started a while back.

Why not give the school your permission to discuss the case as the data subject registered keeper of the car, but forbid them to speculate who was driving or comment at all in that respect, because UKPC are litigious and notorious (they admitted faking photos to cheat to issue PCNs in recent years, they've been banned twice by the DVLA recently, including this year again from March - May).

If this daft (must be private) school still use UKPC, drop that little nugget of info in.

[Deleted User]

As a matter of law, if you have asked a third party to send information (that you were an authorised visitor + registration) to a PPC that third party has authority.

What appears to be the case is that the PPC are unwilling to deal with that letter and dressing it up as a data protection issue, when it's blooming well not one - assuming that the school has asked to cancel, not to discuss your address and whether your partner could've been driving!

In any case as the client of the PPC the school could discuss enforcement against a "whitelisted" vehicle without even mentioning the owner...

TGizza

Yes to the thirty days. And i was debating ignoring it until the real court letter came, or adapting one of the templates on the newbies threads and sending it within their deadline. Surely there enough mitigating factors to enable me to win no?

Coupon-mad

You don't win a court defence using mitigating circumstances.

Push for the cancellation by the school, give the school your unequivocal consent to email the scumbags and demand that these PCNs are cancelled forthwith.

TGizza

What sort of evidence do I need to ask for from the school to back my case?

TGizza

The school secretary seems uncertain that they have the power to do this. A UKPC contact on my LBC letter seems to have convinced the school person that once it has got past the ukpc stage they are very hard to cancel, as they are in the hands of debt collectors. I think it is hogwash. I would love to know for certain that the school really do have the power to cancel them. If so I would draft a letter, get the headteacher to sign it and mail it off straight away. Any help with the wording would be great. The headteacher would do this for me, I am pretty sure.

Coupon-mad

TGizza wrote: »

What sort of evidence do I need to ask for from the school to back my case?

You don't - you need the school to email UKPC again (attaching your signed consent to get around the lie at the DPA) and cancel them all. As I already posted, get the school to open their eyes as to who they are in bed with:

Why not give the school your permission to discuss the case as the data subject registered keeper of the car, but forbid them to speculate who was driving or comment at all in that respect, because UKPC are litigious and notorious (they admitted faking photos to cheat to issue PCNs in recent years, they've been banned twice by the DVLA recently, including this year again from March - May).

If this daft (must be private) school still use UKPC, drop that little nugget of info in.

https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

https://www.whatdotheyknow.com/request/ukpc_banned

As you can see from that FOI, the enquirer has taken the matter to the ICO to get the communications related to UKPC's most recent ban, because the BPA/DVLA were trying to lift the carpet and sweep all the dust under it, and hope the public would forget.

The school secretary seems uncertain that they have the power to do this

The School Secretary is wrong. Probably being far too polite to what he/she thinks is a proper upstanding company. Disabuse him/her of that misconception.

Did you read the link in the NEWBIES thread, SUCCESSFUL COMPLAINTS ABOUT PPCS and read all the UKPC ones cancelled by ordinary retailers and companies? What's the matter with the stupid school, they must run their own affairs as a private school, because I know that any state school (unless funded by a religious diocese or something) would be Council run and would not be allowed to use UKPC on Council land!

So it MUST be the school's own daft contract with notorious, DVLA-banned, photo-doctoring UKPC. Make sure they know all that, and keep pressing this week.

The school is like all the other landowners who cancel PCNs from the likes of UKPC every day of the week. They have the contract and there WILL BE a cancellation rights for the school written in it.

One email, one phone call from someone who isn't a complete pushover, and it's cancelled.

Why not offer to look at the contract and find the cancellation rights clause for them (that would help you later, if you could see it...if the school continues to be useless).

Make yourself an utter pain and take your complaint to the Head Teacher or Governors and ask them politely to read the damn contract and find the cancellation rights they have.

People who work in schools, as I do, are meant to have a better eye for detail and research than this! The Secretary has proved hopeless and you need to push it further.

A UKPC contact on my LBC letter seems to have convinced the school person that once it has got past the ukpc stage they are very hard to cancel, as they are in the hands of debt collectors. I think it is hogwash

It is hogwash. Debt collector stage costs UKPC nothing, and they have not lodged a claim yet either, so the costs have not escalated and the Secretary needs to stop letting the tail wag the dog.

Or the 'dog' must be the Board of Governors or Head Teacher, telling the tail to get lost.

Umkomaas

Tell the school secretary that unless he/she cannot sort this out, you will be seeking the school governors' support in either implementing disciplinary, or even dismissal action against them. That should focus some attention.

Let them suffer the uncertainty and threat you are having to swallow! Why should you suck all this up?

Coupon-mad

I would love to know for certain that the school really do have the power to cancel them.

You will know that when you have read SUCCESSFUL COMPLAINTS ABOUT PPCs.