Incorrect Registration - PCN finally cancelled!!

Caustic70

I wasn't the driver nor am I the registered keeper. I was the person that purchased the ticket though and the person that first appealed.

Coupon-mad

Hmmm, then in your case I would write a really short reply to BW Legal stating that you have sent their client a Rectification and Data Erasure Notice under the GDPR, because their client appears to be under the misapprehension that you were either the registered keeper, keeper, or driver of vehicle xxx xxxxx when in fact you are none of the above.

And as such, you cannot be held liable as there is no such thing in law as 'passenger liability'! Make it clear you were the passenger and only ever appealed as passenger, and Britannia should have pursued the registered keeper instead but they just assumed (wrongly) who was driving, when you were not.

And email Britannia the above (same thing really) and head it RECTIFICATION AND DATA ERASURE NOTICE.

When they refuse to deal with you, or rebuff your data concern, do an online complaint to the Information Commissioner that Britannia are processing your data unlawfully and explain why. You cannot be liable in law so they have no cause to retain your data and should erase what they hold about you, and revert to the vehicle's keeper.

Caustic70

Letter of claim arrived today. So Coupon Mad your response above still stands despite the LOC?

Redx

yes, and rebut the LOC and add a note about the above into it, based on other LBC rebuutals posted on here recently and also linked via that NEWBIES FAQ sticky thread


doing what CM said is even more important now

Caustic70

Thank you. I'd happily go to court over this debacle though if they are daft enough to proceed!

Caustic70

OK so I have sent a SAR, and will next go down the data erasure/rebutal. I have produced the letter to put the LOC on hold for the debt collectors, does this go by registered post?

KeithP

Never send anything to a PPC or their solicitor by any method that requires them to sign for receipt.

All that does is allow them to refuse to sign and then all you have is proof of non-delivery. Not quite what you want.

If using Royal Mail, send it standard First Class getting a free Certificate of Posting from the Post Office counter.
It is deemed delivered two working days after posting unless the intended recipient proves otherwise. Of course the cannot prove non-delivery.


Why not send your SAR by email? Find the Data Protection Officer's email address on the PPC's Privacy webpage.

Caustic70

I have sent the SAR by email to the parking company. This is the letter to the debt collector who have issued the LOC asking them to put on hold.

KeithP

Caustic70 wrote: »

I have sent the SAR by email to the parking company. This is the letter to the debt collector who have issued the LOC asking them to put on hold.

OK, same principle applies, for exactly the same reason - do not use a signed for service.

Although I don't know why you are bothering with the debt collector.

Caustic70

Because I have received a letter of claim. I thought I had to tell BW Legal I have requested a SAR and to put everything on hold?