NCP BW Legal County Court claim issued despite NCP cancelling charge

Coupon-mad

Just quote from it, Mr Clark knows the CoP.

Give him a link to the URL for this forum thread as well, as he does read some MSE threads and this one is a shocker, data misuse and negligent processing and sharing of your data so soon after the onset of the GDPR.

Umkomaas

You can always anticipate a measured, sensible response from Steve Clark. I've found him to be as professional as possible, given who his paymasters are.

lanethomp

Hi all. We have today received the County Court claim in the post. No reply from NCP. Shall I proceed with the AoS?

I am just working on the SAR now, and have sent the following email to Steve Clark at BPA:

[FONT=Calibri,Arial,Helvetica,sans-serif]Dear Mr Clark,
I am writing to bring the correspondence below to your direct attention.

I duly copied BPA into my complaint as I believe NCP are in breach of the BPA Members Code of Professional Conduct. I am surprised therefore to have received the response from your office which suggests that BPA do not have any interest in this.

I am now having to prepare a Defence to a County Court claim issued against me. NCP have failed to respond to my email, despite me also taking my valued time to telephone their office on Saturday to bring my correspondence to their attention.

I would be grateful if you could confirm whether BPA continue their stance of disinterest, as I will be taking this matter with NCP further.

Regards,[/FONT]

Quentin

Yes proceed with the AOS. No advantage in not doing it now. Whenever you send it (within the 14 day limit) you get 14 days extra added to the original 14 days to send in your defence


Don't miss any deadlines when dealing with a court claim.

beamerguy

I would love to see BWLegal tackle this one in court.

The judge will crucify them and NCP ..... Think of what
you can claim for unreasonable behaviour

Half_way

worth a punt with a counter claim?

lanethomp

worth a punt with a counter claim?

I'm considering it, but my husband is massively stressed about it all and the potential of appearing in Court.

AoS now filed.

SAR and complaint sent to NCP (below). Will send a similar SAR to BW Legal soon.

**********************

[FONT=&quot] Dear Sirs[/FONT]
[FONT=&quot] I write further to the attached email correspondence; for which, to date, I have not received a reply.[/FONT]
[FONT=&quot]
Subject Access Request[/FONT]
[FONT=&quot]
If you do not normally deal with these requests, please urgently pass this letter to your Data Protection Officer, or relevant staff member.

I have reason to believe you hold personal data on myself as the Registered Keeper of a vehicle which has visited car parking sites managed by your Company. My details are as follows:
[/FONT]
[FONT=&quot] Name: XXX[/FONT]
[FONT=&quot] Address: XXX[/FONT]
[FONT=&quot] Registered Keeper of: a XXX, vehicle registration number XXX.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot] Pursuant to Article 15 of the General Data Protection Regulation, please provide the following:[/FONT]

1. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
2. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
3. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.
4. Please provide me with a copy of, or access to, my personal data that you have or are processing.
5. Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
6. Please provide a list of all third parties with whom you have (or may have) shared my personal data.
7. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
8. Please also identify which jurisdictions that you have identified in 1(b) above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
9. Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
10. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
11. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
12. If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.
    
    If you need any more data from me to process this request, please email by reply. I presume that given previous correspondence you are able to verify my details. I remind you that data protection law requires you to respond to a request for data within one calendar month.
    
    
    
    Information Rights Concern
    
    In addition to the above, I am concerned that you have not handled my personal information properly.
    
    I understand that before reporting my concern to the Information Commissioner’s Office (ICO) I should give you the chance to deal with it.
    
    I refer to the attached email correspondence, where a member of your team advises that a parking charge notice has been cancelled. Subsequently, and despite this, your office has shared my data with BW Legal and instructed them to pursue the charge via the County Court. This is in breach of General Data Protection Regulations under the Data Protection Act 2018.
    
    If, when I receive your response, I would still like to report my concern to the ICO, I will give them a copy of it to consider.
    
    Please send a full response within one calendar month.
    
    Please note, if you fail to send a timely response to either of my requests above I will be forwarding all correspondence with a letter of complaint to the Information Commissioner’s Office (ICO).

lanethomp

At the moment, I'm sending all emails to [EMAIL="appeals@ncp.co.uk"]appeals@ncp.co.uk[/EMAIL]. Does anyone have a better email address for complaints?

Thanks everyone for all the help, by the way
:beer:

Ralph-y

this has to be a classic for reporting to your MP , and the committee looking into this national scam ....


please watch / read the below ( yes I understand how busy you must be) then send off a letter / email or two ...




https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

and slightly longer, the committee stage

https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

and some quotes from the committe stage

"The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye"
" is very clear to me that there is collusion between parking companies and solicitors’ firms—so-called roboclaims companies. "
"They are often set up adjacently and involve the same directors and personnel. Incidentally, the same personnel get involved in the so-called appeals bodies."
"Essentially, it is a money-making enterprise that takes advantage of motorists up and down the country. They operate in a very business-like fashion, which is why I call them roboclaims companies."
"The companies are jamming up parts of our legal system."
“I now pretty much know exactly how the parking companies and in particular the IPC have been running this scam for the past 5 years. Basically both of the appeals processes are a complete and utter sham, (and part of that sham is Gladstones Solicitors itself)”
"The appeals process at Excel/VCS is run by a team of minimum wage office workers with no legal knowledge or experience whatsoever,"
" It is claimed by the head of the appeals service (retired Judge Bryn Holloway) that this is a completely independent fair process, it is not”
"The letter mentions two individuals—Will Hurley and Bryn Holloway—and concludes this is a typical example of the clear collusion between the IPC, their members and the IAS"
"what we can do about roboclaims companies and solicitors firms that profit, often in shady ways"
" the very large amounts of money that can be involved in such scams—a company called Smart Parking was involved in one such scam on my patch"
"tightening up the rules regarding the unfair use of automatic number plate recognition" "BW Legal, regularly issues 10,000 county court judgments a month, and is known to have issued 28,000 in one month"
"They are jamming up our court system, and are often totally unjustified."
" because the lifeblood of trying to extort money from people is having access to their details."

All from Parking (Code of Practice) Bill (First sitting) Hansard






Ralph:cool:

lanethomp

Many thanks for the help here guys, you were quite right about Steve Clark and it took him only 2hrs to respond.

****************

Mr Lane

Thanks for your e-mail and for alerting me to your concerns.

My colleague is technically correct is that our remit does not extend to assessing specific cases. That said I believe that there is some action that I can take on your behalf and I will write to a contact of mine at NCP this evening.

I hope to be able to respond to you very shortly but please be advised that I am travelling on business for the next couple of days.

All the best
Steve Clark
Head of Business Operations
British Parking Association