PCN Wells Next the sea the Quay car park- Civil Enforcement ltd

kjs_1991

I have been advised to start a new thread to get bespoke advise. I have also read through the NEWBIES thread and as a result I have written a SAR and letter to CE and wondered if I could have some feedback.

I only found out about this on Christmas eve when I received a letter from CE asking for £182. I guess the other letters were going to my old address previously. My v5 has now been changed and lesson learned!!

I have no idea how long I was parked there and to be honest because I work at the local high school all I would have done is nipped across to the chips shop and I don't think I realised the car park had changed its payment system. Therefore I am sending them a SAR to ask for all relevant information.

If I could have some feedback on what I have written (Alot of which has been taken from the guidance and advice on here) that would be greatly appreciated.

Do I send both letters together?

Dear Sir or Madam

Subject access request (Data Protection Act 2018/ General Data Protection Regulations (GDPR))

MY ADDRESS

DATE

PCN XXXXXXXXX

Please supply the data about me that the keeper is entitled to under data protection law relating to myself.

- ALL photos taken on the day including timings – 07/03/2019 – of vehicle XXXXXX
- Copies of all letters/emails about or referring to XXXXXXX sent and received.
- A full copy of PCN or NTK regarding XXXXXXX
- Any data about XXXXXX you have shared with any other parties together with the details of those persons/companies/parties.

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 Commisioner’s Office can assist you. Its website is ico.org.uk or they can be contacted on 0303 123 1113.

Please send any correspondence from now to the address listed above.

Yours faithfully

MY NAME




Dear Sir or Madam,

Letter before action PCN XXXXXXXXX

With reference to your letter dated 17 December 2019, as the keeper I have made a Subject access request (Data Protection Act 2018/ General Data Protection Regulations (GDPR)) and therefore require a restriction of data processing and the case should be put 'on hold'.

I have sent a SAR and so require a restriction of data processing and the case should be put 'on hold'. Please could the following documents be sent to the address listed in the SAR

- A copy of the byelaws related to the car park at Port of Wells Car Park, NR23 1AT
- A full unreacted copy of your contract to operate at Port of Wells Car Park, The Quay NR23 1AT
- All evidence you will rely on in court including all evidence Civil Enforcement Ltd. Hold that would identify the driver to the court.
- Whether or not you intend to rely on POFA
-A copy of all ANPR images captured of this car on the 07/03/19
- Contemporaneous images of signs in relation to where XXXXXXX was parked
- Contemporaneous images of signs and their location relative to the car park entrance (to show how they would be seen by a driver prior to entering the car park)

Wells Harbour is subject to bylaws under the Wells Harbour Revision Order 1994. Which would mean the keeper has no liability. The signage at the car park has already been brought up with the local MP and as the keeper of this vehicle I too will write to the local MP to complain about this. The change in the car park format has been poorly highlighted and the 10 minute grace period to input registration details is not clear when driving into the car park.
In addition after moving house the letter dated 17th December 2019 but received on 24th December 2019 was the first time the keeper had heard about the PCN and any previous correspondence would have gone to an old address.
Therefore I would appreciate it if you could send me the information listed above so that the keeper can then decide what action will be taken in the future.

Please send the requested information to the above address and use this address for any future correspondence.

Yours Faithfully
MY NAME

Redx

edit your post above

the DRIVER parked there

the KEEPER received the postal notices

only refer to those 2 entities , or you may as well chuck the towel in and pay now

DRIVER and KEEPER

capiche ?


yes do those 2 letters, although the SAR should be emailed to their DPO after checking their PRIVACY page, not posted

then read the other cases on here at the same car park , bearing in mind that bylaws apply on port land, so a keeper has no liability, keep it that way , POFA does NOT apply

KeithP

Add a line or two to both those letters instructing them to use only your current address in future for everything.

Also explicitly tell them to erase the out of date personal data they currently hold - viz. your previous address.

kjs_1991

I have edited it. Does that read ok now?

I could not find an email address for CE DPO that's why I was sending a letter

kjs_1991

I have done that now!

Thank you for your advice

Redx

still needs more editing

the following words should never be used

"MY , ME , MYSELF & I"

their email is on this page, please read it more carefully

https://www.ce-service.co.uk/privacypolicy

kjs_1991

I have found the email address now.

Do I need to remove the POFA part?

Redx

leave POFA in , its relevant as to why the keeper has no liability , better for you , worse for them

remove any hint of who was driving or where they work, no personal info or data at all, stay as keeper only, so edit all of post #1 accordingly

add in a note to erase the old address and replace with your current verified address , attaching a copy of the letter before claim form as proof of current details and address and your rights under the GDPR , plus a redacted copy of any recent utility bill too

be careful how you word things, you are apt to blow your own toes off , less is more , hint hint

ie:- Dont tell em PIKE !!

kjs_1991

I have changed a few bits now.

Are there still any areas you think I need to lose. I know I feel like if I don't argue my case I won't stand a chance in winning but at the same time I am probably shooting myself in the foot!

Redx

you are doing the latter until you follow my advice

edit paragraph 3 asap, plus anything else

the time to shout your case is popla or in court, if at all, its their job to prove their case, until they do so and win , you have nothing to prove

less is more, blabbing costs money !!!


ensure that the SAR one requires the DPO to remove the old address and add the current one, they are responsible for doing so, not the litigation dept

FrankCannon

Hello, kjs_1991.

Coupon-Mad helped me put together a reply to a CEL letter before action for a parking event in the same car park just over a year ago. I recently got a letter back from them telling me that they have discontinued the claim. It's probable that the NtK is not POFA-compliant, which will be your slam-dunk, but you may wish to add or amend your letter to the legal department at CEL with some of the following ;

- A copy of the byelaws that apply to Wells Harbour and the car park at Port of Wells, including a map that shows the extent of the area to which the byelaws apply.
- A full, un-redacted copy of the contract that allows Civil Enforcement Ltd. to operate at Port of Wells Car Park, The Quay, NR23 1AT. If the un-redacted version is not to be supplied until Witness Statement stage of the proceedings, I will accept, under the PAP protocols requiring open dealing and efforts to resolve disputes, a partially redacted version providing that the dates, location, terms of service and the agreement are transparent, together with the hours, days and dates of enforcement and listed contraventions, and the agreed grace periods, parking charge and any exemptions or seasonal arrangements that the landowner set.
- Evidence of the time that the vehicle was parked ( NOT car park entry, payment and exit times ).
- Contemporaneous images of signs inside the area of the car park in relation to where vehicle xxxxxxx was parked.
- Contemporaneous images of signs and their location relative to the car park entrance ( to show how they would be seen by a driver approaching the car park on the B1105 road, from either direction, prior to entering it ).
- Contemporaneous images of signs in the car park erected by or belonging to the Wells Harbour Commissioners or other third parties.
- Details of improvements to signs and lighting that have been carried out by Civil Enforcement Ltd, Wells Harbour Commissioners or other third parties since 07/03/2019. Please provide an explanation why the improvements were required.
- Details of changes to the terms and conditions displayed on the signage within the car park that have been carried out by Civil Enforcement Ltd, Wells Harbour Commissioners or other third parties since 07/03/2019. Please provide an explanation why the changes were required.
- A copy of all ANPR images captured of this vehicle on the material date, given that this was early evening and there was likely to be some hold up of queuing traffic at the entrance and/or exit, and given that it has been reported that ANPR camera systems take several images over the seconds or minutes, as a car works its way in or out of a site where the road outside was congested with a nearby traffic light system and roundabouts. It will not be enough to merely repeat the 'first in/last out' images that the ANPR system defaults to process for penalty charges.
- All other evidence that Civil Enforcement Ltd. will rely on in court.
- A full breakdown of all costs that Civil Enforcement Ltd. is claiming, to show which costs are included within the original £100 invoice and those that are additional costs. I am concerned that there is an element of double recovery in the £182 that Civil Enforcement Ltd. is claiming, which the court will view as an abuse of process. Civil Enforcement must be aware that to claim in excess of £100 for a parking charge on private land is disallowed under the CPRs, the Beavis case, the POFA 2012 legislation and the CRA 2015, a view that has been upheld in multiple cases at the courts in Caernarfon and Southampton this year.