I want to take cowboy parking firm to court!!

Coupon-mad

Jesus! That is atrocious.    They want the lessee to fess up who was driving before they will release data, even though the lessee is perfectly entitled to fight a private parking charge as lessee/hirer, and you can prove by showing a copy of your lease for that car (or other document) that you are the lessee data subject.

Report UKPC to Steve Clark of the BPA for refusing to deal with a hirer and trying to force them to name the driver before data will be released;

steve.c@britishparking.co.uk

Give Steve a link to this thread, the URL at the top, as he reads some MSE posts and needs to see where we are coming from (make sure NOTHING on this public thread says who parked the car, of course, first).

Also tell him about this unacceptable fob off from his BPA colleagues that makes it even worse that UKPC are sneakily trying to force a hirer to name the driver, purely because they know that they can't hold the keeper liable in law:

Pointless response from BPA;

Please be advised UKPC does not have to follow the Protection of Freedoms Act 2012 (POFA 2012).  It is POFA 2012 that dictates that the Operator must issue a charge (via ANPR) within 14 days of the alleged contravention.  If UKPC have not mentioned this legislation on their documents, they are not intending to rely on it and therefore the timeframes do not apply. 

[Deleted User]

I emailed Steve Clark and was impressed by the speed of his response, he has written the following so I’ve emailed DPO at UKPC asking for postal information;

Thanks for your note and I am sorry that you are experiencing problems with UKPC.

 

The legislation that you should be considering here is the General Data Protection Regulation (GDPR) and not the Freedom of Information Act (FOI) - as a private company, UKPC do not have to comply with FOI.

 

In my understanding UKPC may have a point as it is their duty under GDPR to ensure that the person making the Subject Access Request (SAR) is the Data Subject, they should have policies and procedures which will detail their approach to this.

 

One option might be for you to agree to accept a postal response to your SAR - if they have your postal address and you are content for your SAR response to be sent there, it therefore follows that you as the ‘requester’ and the Data Subject are one and the same.

 

Alternatively you could seek guidance from the Information Commissioners Office (ICO) - here is a link to their website - https://ico.org.uk/

D_P_Dance

All they need to know is the name of the de facto keeper.  

Coupon-mad

UKPC do NOT have a 'point' to demand to know who was driving, Steve.

[Deleted User]

AMAZING NEWS!!!
the SAR finally came through the post with all the full file they had including my online appeal, my MP’s letter etc and a letter from UKPC saying they had considered my case and CANCELLED my ticket!!!! Absolutely over the moon so thanks for all your help 😁😁😁😁😁

D_P_Dance

As they have wasted you time, consider wasting some of theirs.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

beamerguy

[Deleted User] said:

AMAZING NEWS!!!
the SAR finally came through the post with all the full file they had including my online appeal, my MP’s letter etc and a letter from UKPC saying they had considered my case and CANCELLED my ticket!!!! Absolutely over the moon so thanks for all your help 😁😁😁😁😁

Great news.  I imagine Mr Clark told them cancel as this was getting OTT for the BPA and they can ill afford not to have UKPC's contributions

You headed this thread ...

I want to take cowboy parking firm to court!!

Your story would be a delight to tell the DVLA and newspapers

Castle

MrsWhitt2509 said:

AMAZING NEWS!!!
the SAR finally came through the post with all the full file they had including my online appeal, my MP’s letter etc and a letter from UKPC saying they had considered my case and CANCELLED my ticket!!!! Absolutely over the moon so thanks for all your help 😁😁😁😁😁

Ask UKPC for copies of any correspondence with the BPA.

D_P_Dance

Surely they are not obliged to produce these?

Coupon-mad

They are as they include his data - and it is bound to include his name and VRN - so let's see the exchange between Steve Clark and UKPC.  Demand it from both (politely) under the GDPR...

And I hope Mr Clark revisited this thread and agreed that a firm doing a SAR for a keeper or hirer CANNOT use that to pretend that they can't supply data without the DRIVER authorising it. 

Jesus...these firms get worse.