BW Legal County Court Claim for ignoring PCN

Anastasiya27

Yeah, so many threads, it’s unbelievable, reading through them is so confusing and overwhelming, I start panicking
Thank you guys...

Le_Kirk

Searching the forum gave this result, modified by LOC123 on this post.

It looks like you are planning on using that as a basis for your own Subject Access Request and, given that LOC 123 is a practicing solicitor and no-one else has commented negatively, it seems to be a good start. As you say it might need "filtering" to take out extraneous material and editing to suit your own circumstances but I would go with it.

Anastasiya27

So this letter will work for both DVLA and Parking Awareness Services then? (apart from changing the second sentence of the letter)? Legal smart language makes me very confused.
I would prefer emailing but struggling for direct email addresses...

Le_Kirk

If you use the search facility, search this forum, Advanced, put SAR in the search field and change the radio button to show post not threads you will find the same thread I did, and on there people were posting e-mail addresses as they were finding them.

Regarding the letter being suitable for DVLA and PPC's Parking Awareness Services, you need to consider what you want from each of those organisations and adjust the letter accordingly.

Anastasiya27

Hi, sending my SAR tonight to PAS to data@parkingawarness.co.uk after getting my V5 copy:


Dear Sir/Madam:

I am writing to you in your capacity as Data Protection Officer for your company - Parking Awareness Services. I have reason to believe you hold personal data on vehicle I own and am the registered keeper of, for visits car parking sites managed by your company, such as data collected by your ANPR camera systems. Contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation which, as you will be aware, came into force on 25 May 2018.

The vehicle in question is .......

I have attached the V5 document to prove I am the registered keeper. Should you require further documentation necessary to verify my identity please contact me. Please dispose of the document securely as you do not have my consent to retain it once you have read it.

I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

Please advise as to the following:
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.
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 (photo images or video recordings).
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.
Please provide me with a copy of, or access to, my personal data that you have or are processing.
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.
Please provide a list of all third parties with whom you have (or may have) shared my personal data.
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.
Please also identify which jurisdictions that you have identified 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.
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.
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.
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.
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.

Yours Sincerely,

Coupon-mad

I would never ask any of this, it's all non-parking-case generic waffle that IMHO can make a SAR response take longer:

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.
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 (photo images or video recordings).
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.
Please provide me with a copy of, or access to, my personal data that you have or are processing.
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.
Please provide a list of all third parties with whom you have (or may have) shared my personal data.
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.
Please also identify which jurisdictions that you have identified 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.
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.
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.
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.
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.

Surely you want specific data, photos & letters as already discussed? say what you actually want and the SAR response might not be delayed.

Anastasiya27

Hi everyone. Been quiet as still waiting for data from PAS after sending SAR.
I have drafted few main points of my defence and been reading smart Legal defences by other forum members.
Defence

1. It is admitted that the Defendant was the authorised registered keeper of vehicle registration mark XXXXXXX which is the subject of these proceedings.
2. The Defendant denies liability for the entirety of the claim for the following reasons.
3. The identity of the driver of the vehicle on the date in question has not been ascertained. The Claimant is put to strict proof.
4. The defendant has sent Subject Access Request on the 8th of October 2018 to the Parking Awareness Services Data Protection Officer and received a response on the 10th of October stating that information has been sent to the defendant on the 10th. Defendant has not received any data or information as of yet. Thus the Claimant has provided no evidence (in pre-action correspondence or otherwise) that the Defendant was the driver. The Defendant avers that the Claimant is therefore limited to pursuing the keeper in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 ("POFA"), which they have refused to reply on.
5. Registered keeper is not a soul driver permitted by law to drive the vehicle in the Claim.
6. The alleged Parking Charge Notice has been issued on 28th of August 2016. The Claimant is claiming that vehicle overstayed the maximum allowed time of two hours in a twenty four hour period at the Villa Express Car Park Kirkham. Currently the allowed time is set to three hours. The defendant has emailed to Villa Express to clarify when changes has been made and what were the reasons behind extending the time.
7. Additional confusion is caused by a Tripadviser response from Carlisle J., Sales and Marketing Executive at The Villa Express Kirkham on 28th of July 2016 to an unsatisfied customer of their car park, saying “We have extended the length of stay from two to three hours...”
8. The discrepancy in dates is vital as defendant has no access to terms and conditions of the car park and evidence to previous signage and any forms of contractual agreement.

I am a bit stuck on Legal wording. I can’t even check the old signs as they have extended the times.
Any advice please?

Anastasiya27

Also, after reading other people defences, I have noticed they have a lot of information such as Claimants grounds, denial parts, rebuttal of claim, Non-disclosure of reasonable grounds or particulars for bringing a claim, details of unfair accumulation of interest etc. So much Legal writings!
And often forum wizards say it’s too much and need to be stripped down. So I’m not sure how much to write. For instance should I just concentrate on the fact that Claimant hasn’t proved who was driving my car on that day? How do I go about other points of defence in case they have proof it was me and I just don’t remember? Should I still use hypothetically, whoever was driving didn’t overstay the free two or three hours? How do I say that in my defence? And fact that there is no proof in of old signs. The more I read the more I get confused and I’m running out of time. I hoped I’ll get the data from PAS on time. I don’t even know if I was in the wrong and what to concentrate my defence on. Sorry again...

KeithP

You still have nearly two weeks to get your Defence in.

Please don't start panicking yet - you are heading in the right direction.

Anastasiya27

My main problem is finding time to read all the threads and defences, I have so much going on right now and this makes me so stressed cos every time I think I found a good information and ready to write, some threads take my confidence away and make me confused