Help! PPC threatening court action!

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Dragonfly22

Hi everyone, we have found an example SAR and made a few tweaks to it which the RK intends to send to EPS via email. Is there anything else you suggest we add to it? Aside from attaching a copy of the V5C and signing off with the RK's name do we need to add any information in the email such as home address or the PCN serial number? Also, is the bit in red relevant to this stage of our situation so would we need to include it? We have been sent a Letter before Court Action but not a proper Letter of Claim yet.



Dear Sir or Madam

Subject Access Request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

Please supply the data that I am entitled to under data protection law relating to myself.

I would like-
-all data held.
-all evidence you intend to use against me (to include- a copy of the contract with the landowner under which you assert authority to bring a claim against me, a copy of the alleged contract with the driver, a plan showing where the signs were displayed, details of the signs displayed).
-all letters sent and received (including your correspondence with the DVLA to obtain my personal details).
-a full copy of the Parking Charge Notice and Notice to Keeper
-ALL photos taken.
-a list of all PCN's you consider are outstanding against me. Please be reminded that any claim must be for all PCN’s in one claim, not several separate claims.
-a close up of the signage at PLACE on DATE.
-evidence you have paid a debt collector.
-a PDT machine record from DATE.

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 need advice on dealing with this request, the Information Commissioners Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours Faithfully
RK

Coupon-mad

Why are you using that and not the Legal Beagles SAR example linked in the NEWBIES thread?

That one you found has stuff that's not even personal data:

-a close up of the signage at PLACE on DATE.
-evidence you have paid a debt collector.
-a PDT machine record from DATE.

However, you can email and ask BW Legal for all of those 3 things, once the 30 days is up, to string it out even more!

They have a duty to supply such info under the pre-action protocol for debt claims and YOU need to tell Gladstones (dead on your 30 days for seeking debt advice', of course!) that:

on this particular occasion when they tried to pay for the ticket the machine displayed an out of order message. They even attempted to insert coins into the machine but the coin area had closed up making it impossible to put a coin through it thereby confirming it was definitely out of order. There were no other machines in the car park.

...and tell them to revert to their client and supply proof that the machines were working in that morning or afternoon, on that day, or do they contend there were other machines, if so where?

Don't forget that reply to Gladstones is not for now. Diarise your 30th day.

The SAR to the PPC is for now.

Dragonfly22

My apologies Coupon mad, it seems I have got a little confused. Do you suggest I put in a simple 'please supply the data about me that I am entitled to under data protection law relating to myself which includesall data held, all photos held' etc. but remove the final three points which you have mentioned are not personal data?


Also, the solicitors they are working with are Gladstones Solicitors. When you say I can email and ask them for those three things once the 30 days is up is that 30 days after I have sent the SAR to the PPC?


Thanks in advance

waamo

Dragonfly22 wrote: »

My apologies Coupon mad, it seems I have got a little confused. Do you suggest I put in a simple 'please supply the data about me that I am entitled to under data protection law relating to myself which includesall data held, all photos held' etc. but remove the final three points which you have mentioned are not personal data?


Also, the solicitors they are working with are Gladstones Solicitors. When you say I can email and ask them for those three things once the 30 days is up is that 30 days after I have sent the SAR to the PPC?


Thanks in advance

You are entitled to personal data about yourself and nothing else. The final three bits are not personal data. Clearly a sign is not your personal data, it is there for anyone to read.

The court pre action protocols say that any and all evidence against you should be made available. No surprises are allowed in court. You are entitled to see everything beforehand. If you haven't seen it they can't produce it on the day.

In that respect you ask for evidence you want to see piecemeal so as to drag things out. It causes them work as they have to respond. They will want to present everything in one big bulky document to intimidate you with information overload.

Burst their bubble by asking for bits and bobs before they are ready.

Dragonfly22

Hi everyone,

We have emailed a SAR to the PPC and are now awaiting a response. In the meantime, can someone please advise us as to whether the keeper is able to appeal at this stage for the other two NTK's? The problem is that one was issued in late April and the other in early May. We were advised by one user to appeal them using the blue template in the NEWBIES thread but quite some time has passed so I am not sure if they will even consider our appeal. Is it worth attempting an appeal?

Thanks in advance

Redx

appeal windows tend to be 28 days for BPA members and 21 days for IPC members, so it looks like these may have timed out already


but APPEAL ANYWAY with proof of sending it to EPS and keeping a copy of each appeal is a good idea anyway , regardless, because it can show a judge how reasonable the keeper was and how unreasonable the PPC was (having a paper trail)


any appeal will be rejected , regardless , so dont expect any appeal to work because generally it wont work

Dragonfly22

Thank you Redx.
So am I right in assuming I appeal both separately using the newbies template for each one? Also, is it best to appeal via email because although they have provided for online appeals on their website I think it would be easier to keep proof of my email than it would be to show that I have appealed online?


I bet they won't be too pleased, having bombarded them with a SAR and then sending them two appeals from the same email address :eek:

Redx

each appeal is separate , even if it was in the same envelope, as each pcn reference is different

you must use whatever appeal method they allow on their pcn to appeal, we cannot tell you what that is, but your paperwork should tell you

use whatever they allow that allows you proof of appealing , if its snail mail get a free cert of posting from the P O Counter (not SIGNED FOR)

Dragonfly22

Hi all, just a quick update.

We sent a SAR to the PPC which we received a reply to after a couple of days. It is now approaching 30 days since we sent the SAR and I was advised in a previous post that I could, at this point, ask Gladstones for information such as records from the PDT machines and close ups of any signs at the car park. Would it be a good idea to request this information now? I'm asking this because we have still not received the 'proper' letter of claim so we have not had any direct correspondence from Gladstones. Would it be better to wait for the real letter? Also, when should we send a letter to them to request a restriction on data processing?
Thanks in advance