Leaving Car Park

Fruitcake

Copy of V5 and PCN number should be enough to satisfy their DPO.

The ICO website says this:

To avoid personal data about one individual being sent to another,
either accidentally or as a result of deception, you need to be
satisfied that you know the identity of the requester. You can ask
for enough information to judge whether the person making the
request is the individual to whom the personal data relates (or a
person authorised to make a SAR on their behalf).
The key point is that you must be reasonable about what you ask
for. You should not request a lot more information if the identity of
the person making the request is obvious to you. This is particularly
the case when you have an ongoing relationship with the individual

You have a continuing relationship as the scammers sent a PCN to the keeper and the person with the same name and address, V5 copy, and PCN number is responding.

According to the ICO, asking for photo ID is not acceptable as they have nothing to compare it to. They also say that the clock starts from the date of the original SAR. They should not extend or delay if they have simply requested proof of ID following the original request.

If they don't respond within the original 30 days from the date of the original request, or refuse to reply, or ask for further proof, then you must complain to the ICO in writing.

Construct a draft PoPLA appeal using the template points from post 3 of the NEWBIES.
Include, "no proof of leaving site". Even if they send a photo of some random person they will not be able to prove it is an occupant of the car.

PoPLA codes last 32 days, so hopefully you will still have a few days to add the final point that they have failed to comply with your SAR with pics and thus proof of someone leaving site.

mwalimu

Fruitcake
Thanks for your speedy & very thorough response.
Sorry about sending my message at both 18:08 & 18:14. Having "posted" the first one I could not find it on "my" page so had to rewrite & re-post it.

KeithP

Feel free to delete any post made in error.

mwalimu

"Don't make the same mistake" is the title of an article with photos in The (Teesside) Gazette (page 8) on Thursday 29 November 2018. It's about a chap who used the this car park and, having left the car park, received PCN by post and paid up. Now he and the Gazette are warning people. The article ends "The Gazette has contacted Premium Park for comment.".

mwalimu

As recommended I sent PP's DPO ID & a SAR asking for photos to support their claim.On 15 December I received 19 sheets of paper, in essence the history of my case & various policy documents. But no photos. Should I now submit a POPLA appeal saying that I refute PP's charge as no photo evidence has been sent to me despite 2 requests. As always your guidance greatly appreciated. My MP has been kept informed of the progress, or rather , lack of progress. He is interested in view of impending legislation.

Umkomaas

But no photos.

Are you sure they have photos? If they don't submit any then you might draw that assumption and place it into your POPLA appeal. But it's not really a showstopper.

nosferatu1001

Photo evidence is not required, but you can state that as this is an evidence based appeals service, and the operator has no evidence at all to provide, there can be no claim to answer.

mwalimu

umkomaas & nosferatu1001

Thank you for your speedy &helpful responses

mwalimu

Just received a response to DPO P..P..to my further request for relevant photos in connection with PCN 29...... It says "As we have not been advised of the driver's identity, and the information you ask for has no relation to the PCN, we are unable to provide you with this, without permission from the driver.
We have, therefore, attached a GDPR Authorisation form for the driver to complete, to authorise you, as the Registered Keeper of the vehicle, to receive the information relating to them."

If my memory serves me (and it too rarely does) one does not need to declare the name of the driver if one has entered the dispute as the Registered Keeper (and submitted proof of that status).

Your thoughts on this development and possible action will be greatly appreciated.
You had suggested just submitting a POPLA appeal "no evidence no breach"

waamo

They are fishing for the drivers name. If their NTK doesn't meet POFA wording then they need the drivers name to get a result.

Threaten with the ICO. I would also complain to the BPA too.