PCN unauthorised by land management

Cw1979

LBC? Letter before Claim?
So, set it out like they have done in their LBC to me?
Does that need to be a letter rather than email? Or both?

waamo

Cw1979 wrote: »

LBC? Letter before Claim?
So, set it out like they have done in their LBC to me?
Does that need to be a letter rather than email? Or both?

A Letter Before Claim has to be just that. A letter by first class post.

Half_way

Before we get carried away, and to show that you are being reasonable in all this - first send the parking company a data rectification notice in accordance with GDPR demanding that they cease processing your personal data with regards to the parking charge notice and remove your data ( in respects to the parking charge notice) from their systems within the next 30 days


Odds on they will refuse and spout some nonsense about it being too late to appeal, however the fact that you have attempted to rectify things and you can show that you have will helop with any defence, or GDPR breach claim/counterclaim you may wish to make

Cw1979

Does this email draft sound ok?:

To Whom It May Concern,


I am hereby requesting rectification of inaccurate personal data concerning me according to Article 16 GDPR.


Please make the following changes:

cease processing my personal data with regards to the parking charge notice
remove my data ( in respects to the parking charge notice) from your systems
In case you have disclosed the affected personal data to third parties, you have to communicate my request for rectification of the affected personal data to each recipient as laid down in Article 19 GDPR. Please also inform me about those recipients.


My request explicitly includes any other services and companies for which you are the controller as defined by Article 4(7) GDPR.


As laid down in Article 12(3) GDPR, you have to confirm the erasure to me without undue delay and in any event within one month of receipt of the request.


I am including the following information necessary to identify me:

Name & Address



If you do not answer my request within the stated period, I am reserving the right to take legal action against you and to lodge a complaint with the responsible supervisory authority.


Yours sincerely,

Coupon-mad

You have to say why you want them to cease processing your data!

Cw1979

Redrafted. Any better?

To Whom It May Concern,


I am hereby requesting rectification of inaccurate personal data concerning me according to Article 16 GDPR.

1The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her.

A PCN was issued illegally as the company had not been authorised to operate on the land. Please refer to the email sent to debtrecovery@excelparking.co.uk dated 6.12.2019 from the Associate Director of XXXXXX XXXXXXX, the managing company of the land, which confirms that the sign was erected illegally and was subsequently removed at their demand. Therefore, the PCN was issued incorrectly and any data concerning me should be removed.

In addition:
• you will be reported to KADOE Services and Support Team for illegally obtaining my data (see D.5 Restrictions on Disclosure of Data, Annexe A KADOE Fee Paying Contract).
• It was responsibility of Excel Parking to inform of the DVLA of any data breach, this should have been carried out at the time Excel Parking was directed to remove the illegal sign.

D10.1. The Customer shall notify the DVLA immediately of any losses or misuse of the Data and keep the DVLA informed of any communications about that breach with: the individuals whose Personal Data is affected; the Information Commissioner’s Office; or the media.

• You will also be reported to Leeds Council Planning department as you did not have advertising consent. This is a criminal offence and a breach of the Town and Country planning Act.

Please make the following changes:

-cease processing my personal data with regards to the parking charge notice
remove my data ( in respects to the parking charge notice) from your systems
-In case you have disclosed the affected personal data to third parties, you have to communicate my request for rectification of the affected personal data to each recipient as laid down in Article 19 GDPR. Please also inform me about those recipients.

My request explicitly includes any other services and companies for which you are the controller as defined by Article 4(7) GDPR.

As laid down in Article 12(3) GDPR, you have to confirm the erasure to me without undue delay and in any event within one month of receipt of the request.

I am including the following information necessary to identify me:

Name & Address



If you do not answer my request within the stated period, I am reserving the right to take legal action against you and to lodge a complaint with the responsible supervisory authority.


Yours sincerely,

Half_way

Change PCN to Parking Charge notice for clarity as it can be confused with Penalty Charge notice, as by some mystical co-incidence they both have the same initials ( odd one that )
Change month to 30 ( thirty) days

Cw1979

Great. Thank you.
Last question before sending-
Email to the one address I have or try find address to send a letter as well?

KeithP

Start with Dear sirs and end with Yours faithfully.

Email to their Data Protection Officer is all that is needed.

Their DPO's email address is on their privacy webpage.

Cw1979

Yeah. I had noticed that after I posted it. If you don't have the name - yours faithfully.
Thank you. It will go tomorrow. Although, they've probably already started the court claim...