BW Legal strikes again!

Troybert

Hi all,

Firstly, a sincere thank you to all who devote their free time to helping others - I'm glad there is a community here who can help each other fight these corporates!

I have had a good read over the newbie thread, and over other posts I feel are relevant in order to not waste your time with things that have been answered previously, but as you probably have seen many times before, a 1st time poster like myself is going to have a lot of knowledge gaps so your patience is appreciated!

I have received a Claim form, and will be sending my AoS tomorrow which will give me more time.


The claim is made against the registered keeper as "Parked without payment of the parking charge" on 30/03/2018 in an NCP car park.


There are numerous people who have access to the vehicle and so the driver is unknown.


I am planning to write to BW legal requesting information so I can begin a defence. I am thinking of writing something along the lines of something posted on LegalBeagles that I was directed to by a thread on this forum;

Dear BW Legal,

I write in response to your "letter of claim". As registered keeper i have no idea about this parking charge.

As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).

As well as information requested above please forward me;

Evidence of my vehicle "Parked without payment of the parking charge"

Identification of the driver at the time of offence.

I think Schedule 4/POPLA may be relevant but I don't understand enough about them yet, please advise?


I await your response.

Yours sincerely


I am assuming I can begin to write a defence pending their response?

Any help/advice very much appreciated :beer:

Troy

KeithP

What is the Date of Issue on your Claim Form?

To do the Acknowledgement of Service, follow the guidance offered in a Dropbox link towards the beginning of post #2 of the NEWBIES FAQ sticky thread.

Coupon-mad

I am planning to write to BW legal requesting information so I can begin a defence.

No. NOT to BW Legal, they are not the entity to supply all this under the DPA.

Submit a SAR to NCP, using the contact DPO email that's probably in the PRIVACY page of their website.

I think Schedule 4/POPLA may be relevant but I don't understand enough about them yet, please advise?

Depends if the first PCN was a windscreen PCN or a postal one, and whether the postal letter complied with the POFA Schedule 4. And whether the location was a railway, etc. which is under statutory control/byelaws (in which case there can be no 'keeper liability').

Troybert

KeithP wrote: »

What is the Date of Issue on your Claim Form?

To do the Acknowledgement of Service, follow the guidance offered in a Dropbox link towards the beginning of post #2 ].

Hi Keith,

Thanks for your reply - the date of issue was 17/10/2018, so I think you add 5 days to get 22nd?

Yes I have seen that link and will be following closely! Many thanks

Troybert

Coupon-mad wrote: »

No. NOT to BW Legal, they are not the entity to supply all this under the DPA.

Submit a SAR to NCP, using the contact DPO email that's probably in the PRIVACY page of their website.


Depends if the first PCN was a windscreen PCN or a postal one, and whether the postal letter complied with the POFA Schedule 4. And whether the location was a railway, etc. which is under statutory control/byelaws (in which case there can be no 'keeper liability').

Hi Coupon, Many thanks for your reply.

Glad I asked before sending! I will direct to NCP as advised.

The first PCN is very likely to have been a postal one. However this is subject to error as it was in March. For the purposes of the situation we will assume that it was postal. Should i be requesting the original notice?

Other than sending to NCP instead of BW legal, is all the above ok to send?

Or should I send the following template found from user Abedegno;

Dear Sir/Madam:

I am writing to you in your capacity as data protection officer for your company - Company Name. I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper for visits car parking sites managed by your company. It should be noted that 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.

The vehicle in question is a Vehicle Model with VRM: VRM.

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.

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.
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 in 1-1 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

Many thanks to all again :beer:

Troybert

I do not recall that detail, most likely because I was not present at the time of the infraction

But point taken going forward, thanks twhitehousescat

twhitehousescat

and now a good time to edit your posting to reflect

Troybert

Done, many thanks

Looking forward to hearing more about which way to go with the SAR as above :beer:

nosferatu1001

You send them a SAR, asking for all info they hold on you. THen list some examples such as case notess, photographs etc. State that as a claim has been raised with ref XYZ this is sufficient proof of your identity. They do not require any further information from you in order to comply with their obligations under the DPA2018

Just get it sent

You do NOT need this info to compile a defence. Unless this was a station car park, chances are they own the land. Of course, if its a staiton car park, then there cannot be any pofa possibilty for keeper liability.

Umkomaas

You need to ask for all photographs pertaining to your vehicle, all notes they have made, manually or electronically, in regard to you PCN. Nail them down on specifics.

You also need to number each individual requirement so you can check each off as being answered (or otherwise). The slab of text in your draft is just so easy to glance over and miss key points (deliberately or otherwise).

A numbered list looks business-like .... and that you mean business.

Troybert

Thank you Nosferatu and Umkomaas.

I have heeded your advice and have edited the above draft to be the following;

Dear Sir/Madam:

I am writing to you in your capacity as data protection officer for NCP.

I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper for visits car parking sites managed by your company. It should be noted that 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.

The vehicle in question is a Vehicle Model with VRM: XXXXX

I have attached the V5 document to prove I am the registered keeper.

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:

1. Please forward all information you hold about me manually or electronically in your files and databases, including any photographs/film of myself/my vehicle.

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.

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.

2. Please provide me with a copy of, or access to, my personal data that you have or are processing.

3. 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 in 1-1 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.

Yours Sincerely


Any comments/criticisms/additions welcome.
:beer: