HX Car park management Ltd

Redx

court rules on any pre action protocols which must or should be observed


court is the last resort, so the PaP was changed or amended in oct 2017

harrys_dad

harrys_dad wrote: »

PaP oct 2017? What is that please?

Ah, is it this? https://www.wilkinchapman.co.uk/blog/pre-action-protocol-pap-for-debt-claims-comes-into-effect-on-1st-october-2017

Redx

harrys_dad wrote: »

Ah, is it this? https://www.wilkinchapman.co.uk/blog/pre-action-protocol-pap-for-debt-claims-comes-into-effect-on-1st-october-2017

that is just a summary, not the actual rules set by the government

KeithP

www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

harrys_dad

Letters sent today, thanks everyone. I will keep you updated.

harrys_dad

Ok, replies in. Gladstones seems like a template letter headed "Request for the restriction of Processing of Data", with the key sections as follows:

"Unfortunately we cannot process your request because we can demonstrate compelling legitimate grounds for the processing of your data which overrides the interests, rights and freedoms of you as an individual. This legitimate interest being that we are acting on behalf of our client for the recovery of monies related to an unpaid Parking Charge Notice. To process your data is necessary and lawful, as it is required in furtherance of our client's instructions, and we act for them on their rights and obligations for the recovery of such monies".

There then follows 3 more paragraphs about extending the pre-action protocol period by 30 days, what to do if not satisfied (contact Information Commissioner", and advising the keeper of their right to judicial remedy.


The response from HX Car Park Management Ltd is more interesting as follows:

"in regard to correspondence sent to debt collection organisations (with our debt recovery company being Gladstones solicitors) the only correspondence sent to them was when the PCN remained unpaid. All information sent to them was from our Zatpark system (internal management software) via FTP (secure server), therefore everything sent from HX car park management to Gladstones is already enclosed in this letter.

if you require documentation that Gladstones hold in relation to your personal data, you will need to contact them directly as we do not have access to this.

In regards to your request for the PDT machine record, this will not be provided as under GDPR, vehicle registrations are deemed personal data.

A copy of the contract we have with the landowner will not be provided as it contains personal data."

(They then include copies of letters, PCN, photos etc)

What can the keeper do now to get copies of the PDT log and the contract? (Coupon Mad suggested in an earlier post they would not send this but keep trying, maybe asking for a redacted copy?)

Thanks again.

Coupon-mad

You can't get the contract, you are not entitled to that. It will come out in evidence.

But this makes no sense, because yes, VRNs are 'personal data' but the keeper is the rightful data subject to request this under a SAR!:

In regards to your request for the PDT machine record, this will not be provided as under GDPR, vehicle registrations are deemed personal data.

Of course you complain about that (only this) and then take it to the ICO if they still refuse. you need to make it clear hat you are only seeking them to divulge the data that matches your car (or a close match/partial match) and they can partially redact other VRNs on the record.

Pjr1525

Hi sorry to stick my nose in. Send a SAR to Them asking for a copy of the log for that day containing the info that you entered into the PDT because it relates to data concerning you. Tell them to redact all other vrn's except any that resemble the one that entered. Enclose a copy of the NTK as identification and that you are entitled to it.

I did, regarding my own case and they sent me ( reluctantly) a log of all payments made that day, everything redacted except my payment, which sticks out like a sore thumb in the columns of empty spaces where other VRNs should be. The time stamp matches exactly with the time on there ANPR image of my car entering and leaving the car park.

I now possess proof that the payment was made and they knew that it had been made.

harrys_dad

Ok, thanks for the comments above, and I am going to reply as follows:

Thank you for your response to my SAR. I note that you say "In regards to your request for the PDT machine record, this will not be provided as under GDPR, vehicle registrations are deemed personal data.". In response I must point out that I am entitled to a copy of the PDT machine record for that day showing the data that relates to my vehicle, which you acknowledge exists in a previous letter, and information that does not relate to my vehicle can clearly be redacted as necessary in order to comply with GDPR.

Is this ok?

Coupon-mad

Yes if you then add a sentence saying what you want them to do, and by when!

Formal letters/emails need a clear statement at the end, as above.