UPDATE: Email received post 6 months. Letter received from SABA Parking

del1rious

Hello all

as per advice on this forum, correspondence from SABA parking was ignored for a period of 6 months. Then a request was made for them to remove all personal data. Interestingly, the below response was received 

“Unfortunately, even though the 6 months has passed, cases such as these can be pursued through the County Court with a 6 year statutory limitation period. Therefore, we would have legitimate grounds to retain the data for the period of time for which a claim could be made.

 

As well as this, the notice remains active and the balance outstanding. Therefore we are unable to remove your data from our system whilst money is still owed and the case remains open.”

My thinking is that this is a load of nonsense as County Court if for a civil pursuit- not criminal as is with the bylaws/magistrates process. I have queried this point but welcomed further views? 

Thanks!

nosferatu1001

Point out that they are clearly talking utter rubbish, and having threatened a penalty under Criminal law cannot now claim it was in fact some form of contractual offer that could be pursued through the civil courts. It is not possible to contract to allow a criminal action
You have a choice
Continue making this ludicrous claim that this is now a civil matter, in which case you are admitting that you were committing an offence under Section 2 of the Fraud Action 2006 when you sent multiple threatening and harassing letters claiming a criminal offence had been committed that you required payment for. 
Or admit your last communication, unlawfully denying the requirement for you to delete my personal data that you are unlawfully continuing to process, is a lesser false instrument that you are attempting (unsuccessfully) to mislead me with, and proceeed to fulfil your obligations under the DPA2018 and your KADOE contract with the DVLA
Please inform me of your decision within 14 days, so I can consider my own position. 

del1rious

nosferatu1001 said:

Point out that they are clearly talking utter rubbish, and having threatened a penalty under Criminal law cannot now claim it was in fact some form of contractual offer that could be pursued through the civil courts. It is not possible to contract to allow a criminal action
You have a choice
Continue making this ludicrous claim that this is now a civil matter, in which case you are admitting that you were committing an offence under Section 2 of the Fraud Action 2006 when you sent multiple threatening and harassing letters claiming a criminal offence had been committed that you required payment for. 
Or admit your last communication, unlawfully denying the requirement for you to delete my personal data that you are unlawfully continuing to process, is a lesser false instrument that you are attempting (unsuccessfully) to mislead me with, and proceeed to fulfil your obligations under the DPA2018 and your KADOE contract with the DVLA
Please inform me of your decision within 14 days, so I can consider my own position. 

That’s brilliant thank you. 

Since I queried them further I have now received an even more absurd reply

“Under GDPR You may have the right to be forgotten, but Saba may have the rights to disagree. Whilst it remains outstanding and in dispute we are entitled to retain your data.”

Anyway, I’ve made a complaint to the ICO, as it seems like if payment is not received (no matter whether it can lawfully ever be obtained- in my case it can’t), they will still keep hold of your personal data. I’ll update on the outcome of this. I just want them to stop sending me letters or passing over my contact information to more one man band solicitors!

nosferatu1001

Did you try what I said, re them trying to convert an alleged crime into a contract?

del1rious

nosferatu1001 said:

Did you try what I said, re them trying to convert an alleged crime into a contract?

Yes I have said that to them now, pretty much copied your comment word for word!

del1rious

Ok so its now gotten even more interesting;
response I have received now is that I am correct about railway bylaws and criminal court proceedings (well duh).

HOWEVER, the car park operators apparently have the "alternative right" to seek damages for breaches of the terms of parking via civil court (which has a 6 year time period). For this type of breach, if they choose to do so.

They really are just chatting it now!!

Castle

del1rious said:

Ok so its now gotten even more interesting;
response I have received now is that I am correct about railway bylaws and criminal court proceedings (well duh).

HOWEVER, the car park operators apparently have the "alternative right" to seek damages for breaches of the terms of parking via civil court (which has a 6 year time period). For this type of breach, if they choose to do so.

They really are just chatting it now!!

Not without breaking the DPA/GDPR they can't.

nosferatu1001

del1rious said:

Ok so its now gotten even more interesting;
response I have received now is that I am correct about railway bylaws and criminal court proceedings (well duh).

HOWEVER, the car park operators apparently have the "alternative right" to seek damages for breaches of the terms of parking via civil court (which has a 6 year time period). For this type of breach, if they choose to do so.

They really are just chatting it now!!

There cannot be a contract, because as pointed out, they cannot offer a contrct to do somethign they claim is a criminal action
Ask them which office teaboy is writing their responses, because clearly its either incompetence or a blatant attempt to mislead a consumer. Please pick one. 

del1rious

Castle said:

del1rious said:

Ok so its now gotten even more interesting;
response I have received now is that I am correct about railway bylaws and criminal court proceedings (well duh).

HOWEVER, the car park operators apparently have the "alternative right" to seek damages for breaches of the terms of parking via civil court (which has a 6 year time period). For this type of breach, if they choose to do so.

They really are just chatting it now!!

Not without breaking the DPA/GDPR they can't.

Sorry could you elaborate on this point a bit more? I am going to get back to them again but want to get all my facts straight. Plus its making me so angry im struggling to type cohesively.

nosferatu1001

Then step away. Not worth getting that angry about
Remember. Theyre desparate. Theyre INCOMPETENT at their job, and trying to bluff and lie to you in the hope you pay up, because theyre patehtic low life pond scum. 
They requested the data due to a penalty charge that they were administering
They cant send the data to the car park owner without breaking the DPA; they cant send data about you for someoen else to process for a completely different purpose. Thats illegal.