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Britannia Parking - DEX MSCP Newcastle BW Legal

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Comments

  • Le_Kirk
    Le_Kirk Posts: 26,429 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Problem is, I think that the link to the Legal Beagles template letter says you should ask: -
    Please supply the data about me that I am entitled to under data protection law relating to myself.
    But the NEWBIE then goes on to state you should: -
    Ask for (as a minimum):

    - ALL photos taken
    - a close up of the signs on the day in question
    - evidence that they have paid a debt collector, if they are trying to add £60 per PCN (they can't do that but will if YOU let them)
    - all letters/emails sent and received, including any appeal correspondence earlier
    - if the car park was Pay and Display, ALWAYS ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse). You want the PDT machine record if it;s an PDT machine car park.
    - all data held, all evidence they will rely on, and a full copy of the PCN, NTK
    - and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.
    Clearly some of that is personal data and some is not, which is probably why Britannia are asking for a fee as Legal Beagles goes on to state: -
    It can only charge a fee if it thinks the request is ‘manifestly unfounded or excessive’. If so, it may ask for a reasonable fee for administrative costs associated with the request.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It can only charge a fee if it thinks the request is ‘manifestly unfounded or excessive’.

    One man's meat, another man's poison ???

    Watch this become the norm from this scam industry.

    It is open to abuse from these people and they will make full use of it, hence an opportunity to find out what is considered a fair and reasonable request for free information
  • Coupon-mad
    Coupon-mad Posts: 162,033 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But the NEWBIE then goes on to state you should: -
    Ask for (as a minimum):

    - ALL photos taken
    - a close up of the signs on the day in question
    - evidence that they have paid a debt collector, if they are trying to add £60 per PCN (they can't do that but will if YOU let them)
    - all letters/emails sent and received, including any appeal correspondence earlier
    - if the car park was Pay and Display, ALWAYS ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse). You want the PDT machine record if it's an PDT machine car park.
    - all data held, all evidence they will rely on, and a full copy of the PCN, NTK
    - and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.
    Clearly some of that is personal data and some is not, which is probably why Britannia are asking for a fee

    Good point.

    But the only non-data thing there is the signage, IMHO, and that's not an excessive thing to ask for. Even 'all evidence you will rely on' must surely be data held (except for the signage pics, but it's perfectly reasonable to expect to see the contract on the sign). Note that it doesn't ask for the landowner contract because that' not personal data and we know it won't be disclosed until WS stage.

    So if people issued that list I would say B are wrong to ask for £10.

    But if people sent a list as long as your arm including the landowner contract, then it could be considered excessive.

    I was mainly thinking of the thread where the person was up in arms about being asked for £10 where in fact B were only asking for it because it was duplicate info. There was no need for that OP to do anything.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 26,429 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    But the only non-data thing there is the signage, IMHO, and that's not an excessive thing to ask for. Even 'all evidence you will rely on' must surely be data held (except for the signage pics, but it's perfectly reasonable to expect to see the contract on the sign). Note that it doesn't ask for the landowner contract because that' not personal data and we know it won't be disclosed until WS stage.
    Understood, which is why I said to the OP (I think it was in this thread) to go for it. So long as Britannia do not use it as a delaying tactic to refuse to supply the data they must, by law, supply.
  • jlc_one
    jlc_one Posts: 5 Forumite
    Hello all.

    I currently have bw legal chasing me on behalf of Britannia Parking.
    I received a similarly disappointing automated reply from Britannia Parking as did the original poster. I used the legalbeagle template, and in the section [ if there are specific things you want to know put them in here otherwise remove this] I wrote the following as per guidance in the newbie thread:
    "Please supply the data about me that I am entitled to under data protection law relating to myself. Include all photos, all correspondence between the alleged offence and now. Also include specific details of all PCN's relating to your claim. "

    I received the following email:
    Dear Sir/Madam,

    We have received your Subject Access Request, under ICO guidelines we have one calendar month to respond.

    Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.

    YOU’RE REQUEST FOR ADDITIONAL INFORMATION

    Landowner agreement - You are not entitled to business sensitive information, it will only be supplied at court, as evidence and not before.
    Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence at court.
    Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
    Picture packs - A copy of the signage will be provided as evidence at court.


    Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data. ICO guidelines advise we are able to charge a reasonable administration fee, which is £10.

    Please send a cheque payable to Britannia Parking to the following address: Data Protection Officer, County Gates House, 7th Floor, 300 Poole Road, Poole, BH12 1AZ.

    Include a list of the additional information you require and the PCN number/s. Once the cheque has cleared we will action your request. We will only send additional information which is not business sensitive.

    Please refer to the ICO website for further information:

    If you do not wish to pay £10, we are under no obligation to provide you with the information, your only options is to wait until this matter progresses to court, when it will be adduced as evidence.

    Once you are in receipt of your SAR, all additional correspondence regarding the request for additional information will not be responded to, unless payment of £10 is received.

    Should I respond to this email, and tell them they are wrong? What is my next step? I have also emailed bw legal regarding the SAR sent to BP.

    Thanks in advance
  • Umkomaas
    Umkomaas Posts: 44,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please don't hijack someone else's thread - basic forum etiquette. Please start a new thread of your own.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • jlc_one
    jlc_one Posts: 5 Forumite
    I apologize. I thought it was bad form to start a new thread on a not new topic. Not sure how one is supposed to know what is basic forum etiquette if every forum has different ideas what forum etiquette actually is.
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