Leaving Car Park

beamerguy

mwalimu wrote: »

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.

PP are rolling around on cloud 9 again.

You received a PCN for a reg number.
The only info they can get is from the DVLA about the keeper, there is no mention of a driver and the DVLA don't know.

Therefore as keeper you have every right to request information.
The PCN was issued on the basis of a registration mark, they applied to the DVLA and received keeper details .

IT HAS EVERY RELATION TO THE PCN

Complain to the ICO and also the BPA ......
steve.c@britishparking.co.uk
about their misguided INTERPRETATION
Also copy in the DVLA.

Steve Clark of the BPA needs to have a very serious chat to
PP as this gives the BPA a very bad name.

Wonder who writes this rubbish for PP ?

mwalimu

Sorry that my thank you seems not to have been recorded. Even more sorry to write at this hour but I’m not sleeping well because of this case & this is spoiling my attempts to have a happy holiday away with my young grandchildren. PP have sent me a form asking the driver to authorise them, in compliance with Data Protection, to release the photos to a third party. I wrote, as you suggested to SC. He replied straight away expressing interest & identified my alias! He thought that PP’s use of Data Protection is correct. As the deadline for POPLA appeal is imminent I will try to phone them on Monday for an extension. Your observations will be
valued as always. This off my chest I’ll try to get back to sleep. Hope you at least have merry & peaceful Christmas.

beamerguy

mwalimu wrote: »

Sorry that my thank you seems not to have been recorded. Even more sorry to write at this hour but I’m not sleeping well because of this case & this is spoiling my attempts to have a happy holiday away with my young grandchildren. PP have sent me a form asking the driver to authorise them, in compliance with Data Protection, to release the photos to a third party. I wrote, as you suggested to SC. He replied straight away expressing interest & identified my alias! He thought that PP’s use of Data Protection is correct. As the deadline for POPLA appeal is imminent I will try to phone them on Monday for an extension. Your observations will be
valued as always. This off my chest I’ll try to get back to sleep. Hope you at least have merry & peaceful Christmas.

Stop worrying, Leaving site is a problem for PP. They must provide photo evidence of this happening

I don't think you have understood and Mr Clark has not been given the correct information.

Yes, if a third party requests info on another, under data protection, any company must ensure the data they are passing is authorised.

In your case, you have already appealed to PP as the keeper.
That then confirms the data they received from the DVLA which is the name and address of the keeper and the reg mark

You sent a SAR as the keeper and not a a third party. If the SAR was sent by email then PP would ask for proof of the keeper to reply.
That's OK and the reply would be to reconfirm your name and address and reg mark. At most, all PP would require is a copy of the registration document

BUT ... PP wanted to know who the driver was before they would provide the info requested

They are not entitled to this information and you are not obliged
to tell them or indeed any other information other than the keepers information

If this is not what you explained to Mr Clark, he has not understood.

You must email Mr Clark again stating that "PP will not provide information requested in the SAR to the registered keeper unless the driver is named. PP are not entitled to this info."

The delay created by PP may now cause you a problem with POPLA and request the code is extended to give you the opportunity to appeal to POPLA.

I would not suggest you contact PP

mwalimu

Beamerguy. Thanks for very speedy response. On the road at present. Will email SC when I am free this evening. Will phone POPLA for extension Monday am. Could you give me addresses for ICO & perhaps DVLA?

Le_Kirk

mwalimu wrote: »

Could you give me addresses for ICO & perhaps DVLA?

Use Auntie Google for the ICO and search any/all posts on the forum for an e-mail or postal address for DVLA - hint, it is in Swansea.

mwalimu

Le_Kirk
Thanks. AG is everyone’s favourite / most knowledgable Aunt.

mwalimu

Guys/esses
Registered my complaint with ICO and received acknowledgement .

mwalimu

Emailed SC. His response.
1.Continues to say no driver’s personal information without authorisation (by this I would understand no photos) and tell PP who was driver.
2.SC recommends make appeal to POPLA. Then PP will have to provide photos of driver leaving the site in their evidence.
3. Complain to ICO and ask them to investigate - but they’re very busy. As you will recall I have contacted them & received an acknowledgement.
In my email to SC I mentioned the stres this matter was causing me and spoiling my Christmas holiday with my grandchildren.
He said “Focus on appeal to POPLA.”
As always your views will be greatly valued.
May wish y’all a happy (and stress free) Christmas.
2.

mwalimu

I intend to phone POPLA for an extension of the period for appeal in the light of PP’s continuing failure to supply photos showing occupants leaving the site. Should they decline I would fill in their form along the lines of the recent successful appeal.
1. No evidence of leaving provided by PP
2. PP operative did not mitigate his company’s loss by warning the occupant/s that they should not leave the site.
3. It is not clear who or what the PCN is aimed at.(I’m not sure what that means)
4. There is no map showing the limits of the site.
5. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice.
Your thoughts on this first draft and improvements will be valued. In the words of Samuel P “And so to bed”��

Umkomaas

I'm not sure that POPLA will entertain an extension of time.

If the PPC is to rely on photos of anyone leaving the site, you will get to see those when you have sight of their evidence pack they have to submit to POPLA if they are contesting your appeal.

So in your appeal you put them to strict proof of any 'leaving the site' incident.

I think your points 1 - 5 above are good other than point 3 (which I don't understand - but I've not read all the way back through the thread to see where you got it from).