Update on SAR request from Premier Park Ltd

Le_Kirk

You won't get data from a PDT unless it is about you/your vehicle. The PPCs and/or their DPOs are playing silly whatnames with the rules; they could easily send a readout around a certain time with VRMs that aren't yours partially redacted.

beamerguy

Hazelp wrote: »

Today, 30/05/19, I received SAR from Premier. It appears that haven't supplied the most important bit of information that I had requested.... They did not send the PDT machine record for that day. I have sent a email to the DPO to tell them I need this information ASAP. Is there anything else I should do?

These parking scammers really hate a SAR.

The bottom line is that if they fail to provide their proof, or they refuse to provide such, that is when a judge takes over

If these idiots don't want to provide proof, they cannot expect to win against a judge ..... Premier simply don't understand

Hazelp

Le_Kirk, I received an email back saying that they are not obligated under the General Data Protection Regulations to supply information that is not deemed to be personal data and therefore they will not be providing this.
When I sent a SAR request I stated it was important I receive PDT info and that they can be partially redacted. Should I reply again to their email? Thanks

Le_Kirk

As beamerguy says, let the judge decide. Put it in your witness statement and use the e-mails as evidence when the case is heard.

Hazelp

Thank you everyone. It's a waiting game now, I shall put this in my witness statement which I shall prepare now.

Coupon-mad

Hazelp wrote: »

Le_Kirk, I received an email back saying that they are not obligated under the General Data Protection Regulations to supply information that is not deemed to be personal data and therefore they will not be providing this.
When I sent a SAR request I stated it was important I receive PDT info and that they can be partially redacted. Should I reply again to their email? Thanks

We have had this exact same question three times today alone. I wish everyone would read the threads like we do!

https://forums.moneysavingexpert.com/discussion/5986633/fine-for-entering-wrong-vehicle-reg&page=2

https://forums.moneysavingexpert.com/discussion/comment/75861576#Comment_75861576

Eat, sleep, post, repeat... :eek:

Hazelp

Coupon-m
Thought about Premiers email response last night, read a bit more on the Forums, read about insisting for PDT info over and over again and then sent them the following:-



Dear Xxxxxxxxxxxxxxxxx x

I write in reply to your email dated xx/xx/xxxx

In relation to a SAR that I received today, and your reply of my email requesting the missing information I originally requested. I write to state that you have not fully responded to my original request.

In my original email I asked for the following:-

- All photos taken
- All letters/emails sent and received, including any appeal correspondences.
- A PDT machine record for that day of all payments received. (VRN's can be partially redacted, but it's important that I receive this)
- All data held, all evidence you will rely on, and a full copy of the PCN, NTK.

I am asking for you to send me the PDT machine record for that day, you can narrow it down to the time of day, (xx:xx entry time), the VRN's can be partially redacted to protect your clients data. I am not asking for something that I haven't had advice to ask for. This is a reasonable request.

Thank you.

I look forward to hearing from you.

Xxxxxxxxxxxxx


Let's see what happens.

steve1500

Where you are asking for CCTV/ANPR or anything else that can not be readily be found by a computer using a search function, then you have to give the company a certain amount of information, such as date / time etc usually + / - 10 /15 minutes otherwise they are within their rights to refuse.

Personal information for a SAR is anything which you are the centre of and not a passing reference.

So anything relating to your car reg, is subject to a SAR.

They have two options, supply the information. or state that they don't have the information.

If they refuse to supply, complain to the ICO

Hazelp

steve1500 wrote: »

Where you are asking for CCTV/ANPR or anything else that can not be readily be found by a computer using a search function, then you have to give the company a certain amount of information, such as date / time etc usually + / - 10 /15 minutes otherwise they are within their rights to refuse.

Personal information for a SAR is anything which you are the centre of and not a passing reference.

So anything relating to your car reg, is subject to a SAR.

They have two options, supply the information. or state that they don't have the information.

If they refuse to supply, complain to the ICO

Even though the PDT I am looking for won't have a reg number but a blank space?

Coupon-mad

Yes because you and I would say the fee made was your payment/your money, and it is a fault with the machine that it issued a parking licence ticket without recording the VRN.

So the payment you indisputably made is still your data and they can certainly show that payment transaction to you, as it is within their gift, is known or likely to be known as common ground that it relates to your car, and by showing that transaction record you asked to see, they are not divulging anyone else's personal data.

So withholding that data from a consumer, yet storing and using that same data to sue that person, seems to offend against the DPA Principles of 'fairness' and 'relevance' and 'Processed in line with your rights' at least:

DPA PRINCIPLES
Fairly and lawfully processed
Processed for limited purposes
Adequate, relevant and not excessive
Accurate
Not kept for longer than is necessary
Processed in line with your rights
Secure
Not transferred to other countries without adequate protection