Period of validity

Missaver

I have drafted the SAR email to the data protection officer as follows, please advise it is ok to send?
I also point out that the letter I received this week - Parking Charge - Keeper Liability is the first I know of it, as I never received the windscreen ticket or NTK .. They also sent this letter to the old address registered with DVLA The car was registered with new address with DVLA.

Dear xxx

I have received a letter from your company - Parking Charge - Keeper Liability.
This is the first communication I have received.

The car registration in question is xxxx
PCN number xxxx
Date PCN issued xxx


I request the following data from you as follows :

1) all photos

2) all letters, including the Parking Charge Notice (PCN)

3) The Notice to Keeper

4) Data about the car and/or complaints you might have made that were shared by the Managing Agent with Parking Control Management.

5) All copies of letters or emails ever sent to my home or email address about the 'permit scheme' and all data held from the initial 'due diligence' checks they and the Managing Agent made* to ensure no unconscionable PCNs would be issued to residents who already enjoyed the right to park and/or all responses made to the introduction of the scheme and the percentage of residents who agreed or objected and any formal variation of the leases that occurred to enable the onerous nuisance of a parking firm to override residents' existing primacy of contract.

I also refer you to the relevant legislation from Art 15. GDPR Right of Access by the Data Subject.

Yours sincerely,

Coupon-mad

They also sent this letter to the old address registered with DVLA The car was registered with new address with DVLA.

Then you need to also call your letter a RECTIFICATION NOTICE - POSTAL ADDRESS as well as the heading 'SAR'.

As well as headings, you need to use the words 'subject access request' as PCM are not the sharpest tools in the box of frogs known as IPC members.

And obviously add a paragraph requiring the DPO to update the address data.

Remove the * out of #5.

Missaver

Unfortunately, the letter suggested on page 1 of this thread was declined to be signed :-(
I have sent off the Sar request to the DPO of the Ppc.

[Deleted User]

You say that "A couple of weeks ago on 28 July, the driver parked outside the block being moved into".


What is your status there?


Are you, for example, the leasehold owner of a flat? Or are you a tenant of a buy-to-rent landlord?


The reason I ask is that, if you are either of these, your rights and obligations relating to parking (and a great many other matters) are likely to be governed by the terms of your lease or tenancy agreement which will almost certainly have primacy of contract over the parking contractor's signage.

Missaver

The driver is a tenant and the partner owns the flat.

Coupon-mad

Why is the owner letting the PPC interfere with their lease rights and easements?

Missaver

The owner is the partner of the driver, if that clarifies? I guess I need to read more here Re leasehold flats, parking and rights.

Also, there is no signage outside the block where the car was parked disallowing parking let alone unloading.

[Deleted User]

Yes, you do need to read more about leasehold flats.


What should give you some insight is post #28 on Duns89's thread. Although the witness statement there was not written with your case in mind, it airs the principles and issues which apply.


There is a possibility that the driver may have breached the lease's terms by parking where he/she did, but the proper remedy for that is a matter between the leaseholder and the other party or parties to the lease. It does not mean that a stranger to the lease (like the parking operator) can charge an arbitrary amount as a parking charge.


Get the leaseholder to post a copy of the lease in its entirety here (after redacting any personal data).

Missaver

Thanks for the reference to duns89. The driver's Parking in a restricted area was outside the block moving in, there are no signs regarding not being able to park there, no PCM signage about nearby.

I have also read many times that by writing to the management company and the PPC to request to opt out of them looking after your space as the leaseholder, they may be able to cancel a PCN, especially if it was issued in your parking bay.

Does anyone know if it's possible to opt back in in future, if for example, there would be a new leaseholder or tenant. Or even if there wasn't...

[Deleted User]

On most occasions, when residents try to opt out, they are told (wrongly) that they are not allowed to do that.


I really cannot think of any reason why, if they agreed to you opting out, you would later wish to opt back in, particularly as, in effect, you would be agreeing to their terms by doing so.


My experience of parking operators in residential car parks is that they simply do not provide a service to the residents. If a resident arrives home at, say, 6:30pm to park in his/her parking space and a trespasser has already parked there, the parking operator will not move the vehicle.


Instead, the parking operator would simply affix a parking charge notice to the vehicle (very often not until the early hours of the next morning) in order to make a profit itself from the use of the resident's space. The parking operator would not use part of the parking charge to compensate the resident for the inconvenience or for the cost of having to park elsewhere.


Parking operators in residential car parks are predators and residents are their prey.