Excel PNC v Xircom

Xircom

the SAR I sent was signed as Company Secretary ; no name was on the PDF letter attached to the email, the email address was mine "xxxx@xircom.....co.uk" the office trading address was on both email and letter.

so my next step is to complain to the ICO "correct" I never given an address until the SAR so they must have got my trading address from DVLA either way they had that one from the start.

Coupon-mad

If that's a real work email, remove it from this forum!

Xircom

Dear All

Further to my last communication. in response to their LBC letter no.2 I sent this letter in an email in PDF format.

Dear Sir,

Parking Charge Notice [xxxxxxxxxxx]: Vehicle Registration [xxxxxxxx]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to my company by Excel Parking Services Limited (“Excel”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are several reasons why Excel's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4.

Given that Excel has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant time scales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

Company Secretary
Xircom Systems Ltd

Look OK to me, I read section 4 and think i understand where this type of letter can be useful, think I'm right to say that they need all signed hire details from my lease company?

Umkomaas

Excel aren't BPA AOS members, so there's no prospect of accessing POPLA; as IPC AOS members, the IAS is their second stage appeals service, where you have no prospect, full stop!

Xircom

I'm now think of following that email up with this letter

Dear Sir or Madam

Parking Charge Notice [xxxxxxxxx]: Vehicle Registration [xxxxxxxxx]

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) ) [My full name and address, Managing Director of Xircom Systems Limited].

Please supply the data about me that I am entitled to under data protection law relating to myself and my company, If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

Company Secretary
Xircom Systems Ltd

I've not displayed my full name and address in this sample but it is in the document ready to be sent, again by email in PDF format.

1. Should I send this now or wait?
2. Should I sent it all?

My understanding is for them to issue a Notice to Hirer, they must have contact DVLA for my details and then contacted my lease company in order to get my trading address and my company registered address, at no time have the specified my name in their letters everything is addressed to my company and it either to my trading address or to my accountants which is my registered address as per companies house. If they have this information then under GDPR they have a duty to tell me where it stored, in what format and who has access to this data. I think this could be a breach of GDPR regulation.

Let me have your views before I send or don't depending.

thanks
Xircom

Xircom

Umkomaas ; don't understand what your saying? are you implying that I don't have a leg to stand on and should just pack up and pay? or do I need to go down a separate path?

Umkomaas

Xircom wrote: »

Umkomaas ; don't understand what your saying? are you implying that I don't have a leg to stand on and should just pack up and pay? or do I need to go down a separate path?

How did you arrive at that conclusion?

Excel are not members of the BPA AOS, so POPLA doesn't apply, nor does the BPA Code of Practice. Including that in your communication with them identifies you as not having a full grasp of the issue.

Almost no IPC AOS member ever upholds a motorist's appeal, the IAS is little better. As with all IPC AOS member charges, we recommend an initial appeal, to show, should it get to court, that you made an attempt to resolve the issue. Beyond that, the advice is to wait to see if court papers are issued, when you will defend the case and let a Judge decide the outcome.

The game is far from over.

Xircom

OK got that.. they still have to adhere to POFA Regulations ; Paragraphs 13 and 14 of Schedule 4.
if it goes to CCJ / Court then that a different ball-game, I think I expect the debit to be sold to a 3rd party for collection but will wait and see. at worse I could lose at a cost of £200.00

Le_Kirk

I assume (hope!) that the vehicle registration mark and PCN number shown are made up!

Xircom

they were correct
deleted out now.