BW Legal on behalf of UKPPO Ltd. Newcastle Airport Byelaws Stopping in Prohibited area.

Pencil_Man

I've seen on other sites that I should reply to BW Legal ASAP telling them I've sent a SAR to their client, to 'stop the clock' on the Pre Court Protocol thing? Is this worth doing now or should I wait to see what UKPPO Ltd come back with and just hit them with a one off denial of responsibility once I see what they have / haven't got on the driver?

Coupon-mad

You should certainly tell BW Legal to restrict data processing for at least 30 days.

Say that their client is dragging its feet about ID and is actively and unreasonably delaying a SAR at the moment, without which you cannot make an informed decision. Thus the Pre-Action Protocol and the GDPR requires that the matter and any proposed litigation is kept 'on hold' until their client complies with the requirements to divulge the necessary photos and other data to narrow the matters under dispute. A court claim would be premature.

Pencil_Man

It gets better! The DVLA have come back to me with further information that I requested. They've confirmed they never gave anyone my Email address, so I'll be requesting where BW Legal got that from!

And now the DVLA have said after consulting with UKPPO Ltd. The request met their 'Reasonable Cause' conditions under the permitted purpose they have under Airport Byelaws! I've already replied to this letting them know the error of their ways and asked to take this further.

Full letter available to view here https://www.dropbox.com/s/3gel1he2xj7bmtd/DVLA-More-Info.png?dl=0

I'm still waiting the reply to my UKPPO ltd SAR.

Pencil_Man

So, this has turned pretty interesting. After I sent a letter to the DVLA querying why the DVLA had released my details for a parking offence when UKPPO Ltd were actually pursuing me under Byelaws, they later came back to me saying the details had actually been requested under Byelaws. To which I pointed out that they had no jurisdiction to do so under the Airport Act as Publicly Accessible roads are covered by the RTA. The DVLA said they'd pass this through to their complaints team to investigate.

So last night I got home to find a letter from UKPPO Ltd to say that a letter relating to my SAR had been sent to another individual in error!!! They offered 'sincere apologies for their mistake' and said they can assure me it won't happen again as my details have now been erased!

What the hell does this mean?! Are BW Legal still going to pursue me?! Have they admitted a Data Protection violation?!

I feel I need to request further details of where I stand, but is there more to it than this?

I think they're scared of me pursuing action over them obtaining my details illegitimately. What's everyone else's thoughts?

The_Deep

If you think that BW Legal have stepped out of line by even a fraction of a millemeter complain like Friar Tuck to their regulatory body the SRA

http://www.sra.org.uk/solicitors/handbook/code/content.page

and to your MP

Castle

Pencil_Man wrote: »

So last night I got home to find a letter from UKPPO Ltd to say that a letter relating to my SAR had been sent to another individual in error!!! They offered 'sincere apologies for their mistake' and said they can assure me it won't happen again as my details have now been erased!

What the hell does this mean?! Are BW Legal still going to pursue me?! Have they admitted a Data Protection violation?!

1)You need to chase them up once your 30 days are up. If they really have deleted your data rather than replying to a SAR then that's a breach of Section 173(3) of the 2018DPA...a criminal offence.

2) Sending your personal data to the wrong person should be reported to the ICO.

3) You have 6 years to raise a claim against them, starting from when they first obtained your details.

cathycathy

Hiya - I’m virtually in the same position as Pencil Man with Newcastle Airport and UKPPO Ltd !
I’ve sent SAR’s to the DVLA , UKPPO and BWLEGAL and have received replies back from them all now !
UKPPO have sent through 10 sheets of the data , which they say is a copy of everything they have appertaining to the ticket that they issued !
BWLEGAL have acknowledged my SAR and have stated that they expect to give me a response by 29/12/18 .
The DVLA are also passing on my concerns to their other relevant departments !
Do I take it now that the Letter of Claim that BWLEGAL sent to me with the return date of 2/12/18 is now suspended until they come back to me ?
Thank you for your help with this !

KeithP

Cathy, please ask questions on [URL="https://forums.moneysavingexpert.com/discussion/5579154existing thread[/URL]. Thanks.

It will only get confusing trying to deal with two people's issues in the one thread.

cathycathy

Sorry Keith - I’ve just added my post to my old previous ones ! Sorry about this ☺️��

Pencil_Man

Okay, so now that Christmas is done with I'm ready to pick this back up.

After admitting they sent my SAR details to the wrong person and admitting they've deleted my details (before giving me a copy!) I've not yet replied to UKPPO. Now the 30 day SAR deadline has expired I was going o chase it up, but should I acknowledge their letter admitting the deletion?! Also, should I enquire as whether they're even still pursuing me?! I don't see how they can when they've supposedly deleted my info!

I got a rather nice SAR reply from BW Legal with lots of information, probably 20 pages in total. However, I requested they specifically tell me where my my Email address was obtained from and this detail was not provided. I've emailed them to get me this information and have yet to receive a response.

Any advice greatly appreciated as always!