Looking for reassurance - Flipped Ticket, "free parking" UKCPM letter Before Claim from Gladstones

Coupon-mad

Castle wrote: »

And also send UKCPM a SAR as well.

Do this. To their DPO email address on their PRIVACY webpage.

Ask for all photos, all letters, the PCN and NTK and all data held and shared, including any enquiry they contend they made to the DVLA and the date/details.

Flakiesmum

SAR to UKCPM who responded with a request for ID to prove name and address.
I’ve sent an image of a utility bill and book marked the page on here regarding excessive ID, so I am ready if a request for more specific ID happens next.
Also a “cease processing my data” letter to Gladstones

Flakiesmum

Re the newbies thread on SAR and Gladstones “This is an EASY formal letter to write - it will not stop most claims but it looks better to respond. “
Gladstones have replied stating
Unfortunately we cannot process your request [to restrict data processing] because we can demonstrate compelling legitimate grounds for the processing of your data which override the interests, rights and freedoms of you as an individual. The legitimate reason being that we are acting on behalf of CPM for the recovery of monies relating to an unpaid PCN. To process your data is necessary and lawful, as it is required in furtherance of our clients instructions, and we act for them on their rights and obligation for the recovery of such monies.
Then goes on to say about complaining to ICO and rights to a judicial remedy if there is a breach of GDPR
Now I’ve stopped laughing at the first two lines....compelling! Legitimate! Thought it best to update my thread. I’m unable to find any others who have received this denial letter and ask the experts whether there is any recommended action at this stage
Still waiting for reply to SAR
thanks

Flakiesmum

After spending a few useful hours reading GDPR and POFA does any of the legally qualified / experts on the forum consider it advisable to go back to Gladstones to inform them they are writing to me and processing my personal data as a registered keeper.
As no application to the DVLA has been made for this data and as a result no NTK has been issued they do not in fact have a legitimate or compelling grounds to continue. It is unlawful and they must cease further data processing immediately. ?

beamerguy

Flakiesmum wrote: »

After spending a few useful hours reading GDPR and POFA does any of the legally qualified / experts on the forum consider it advisable to go back to Gladstones to inform them they are writing to me and processing my personal data as a registered keeper.
As no application to the DVLA has been made for this data and as a result no NTK has been issued they do not in fact have a legitimate or compelling grounds to continue. It is unlawful and they must cease further data processing immediately. ?

Are you saying you have asked the DVLA

Flakiesmum

Hello Beamerguy, yes
The DVLA have confirmed that no requests for the Keeper information have been received for the relevant period.

Castle

Flakiesmum wrote: »

After spending a few useful hours reading GDPR and POFA does any of the legally qualified / experts on the forum consider it advisable to go back to Gladstones to inform them they are writing to me and processing my personal data as a registered keeper.
As no application to the DVLA has been made for this data and as a result no NTK has been issued they do not in fact have a legitimate or compelling grounds to continue. It is unlawful and they must cease further data processing immediately. ?

Won't work as Gladstones will simply say that they are assuming that the RK was the driver and therefore there's no need to rely on POFA; (and no need to issue a NTK).

Coupon-mad

Because the keeper supplied their data in an appeal it is not illegal for a firm to process it within reason, and there was no need for a NTK either. But it does mean that keeper cannot be held liable (assumption is not allowed).

And it doesn't mean they can plough ahead with data processing and a premature claim, at the moment.

I’m unable to find any others who have received this denial letter

We've seen it before on here. Search the forum for compelling grounds override and I reckon you will find posts about it.

Anyway, reply to Gs restating your formal request that data processing is restricted whilst the SAR is supplied and then suitable time for you to consider all the data their client supplies, which should not be less than the usual 30 days allowed under the PAP, given the fact that this data has not previously been supplied and thus their client had made no attempt to narrow the issues or supply the contract (the sign) and all data and information that they intend to rely upon for their baseless claim.

Finish by saying if they still refuse, or fail to reply this time, or proceed with a premature claim before Christmas, you WILL report Gladstones to the SRA and to the Information Commissioner for refusing a reasonable GDPR related request to restrict data processing temporarily whilst a SAR is processed and then to allow your rights under the pre-action Protocol to consider the evidence and information supplied.

Tell them that there is no compelling reason why they cannot put the case 'on hold' for 30 days whilst the SAR is undertaken and supplied by their client, because with a court claim, time is not of the essence and it has no effect whatsoever if the meritless scam claim is filed in, say, February, rather than December.

And do report them to the ICO if they still refuse.

Flakiesmum

Thanks, Coupon-mad that’s great.
More research and a reply to Gs underway
Appreciate all the support on here.

Flakiesmum

I have now received a response to my SAR I have received 10 of the 13 photos taken ( as evidenced by the number of mini thumbnail prints included at the bottom of print 1 )
The main one omitted is the contradictory and manky sign visible from where the vehicle was parked which does not support the pay and display requirements. I suspect it is an old sign that was not changed from when the car park turned into a partially FREE pay and display I have my own photo of this sign.
Also sent is a copy of my appeal, the declination of that appeal letter and a copy of the formal demand.

In addition there is copy of their data base screen shot which states
"Liability Type' - Vehicle Registered Keeper
Liability Source 'Unknown'

The covering email also states that 'Registered Keeper details were obtained on your vehicle from the DLVA through reasonable cause criteria '
This cannot be true when the DVLA say they were not.
None of my other requests have been supplied such as a evidence of paying a debt collector, The PDT machine record ( requested as tickets have serial numbers and could further support when mine was issued) nor details of the landowner and the contract with them.

My questions now are
Do I now just wait for the Court Claim, whilst continuing to prepare of course?
Go back and request again the information that has not been supplied?

My main defence is fluttering / flipped ticket for free parking. But I now seem to have conflicting signs and failure to provide all evidence to assist. Also will the point about conflicting information over the DVLA be helpful?