Only first letter of number plate entered - Quick response would be appreciated PCN Appeal

Kingmonkey77

Umkomaas said:

There's a link to a SAR template to use in the NEWBIES FAQ sticky, second post. 

Brilliant, thank you

Kingmonkey77

Johnersh said:

Court proceedings in most cases have zero bearing on work and are so common they we ont even register. If you lose, you pay promptly and no flags ever appear on the system. 

Clearly if you're military and on standby to be hoiked out the country or 'a specialist government employee' that may be a bit different, but the exception not the rule.

Since you can prove payment and they have video of the vehicle and you are in possession of a ticket which you paid for (so clearly didn't transfer it to someone else) there is zero loss or benefit in them pursuing it. The claim is an abuse in my view. Similar cases have been defended. 

That’s great, thank you so much for the reply. I’ll draft a letter to send to BW Legal and see what happens from there 

Kingmonkey77

Hi guys

I have drafted up the below letter. Any opinions would be great before I send it off. I also have a SAR ready to send the parking company asking for the same information.

Thanks in advance.

Dear Sir/Madam.
I am writing in response to your letter dated xx xxxxxxx 2020. Your reference on the letter is xxxxxxx.

The letter is regarding a charge from Premier Parking Solutions.

The contravention reason on the letter states that there is no trace of my payment, however I believe this to be untrue.

I paid to park in the car park on the day in question and I have in my possession a parking ticket that covers the duration of my stay. I entered my registration number into the machine and paid the correct amount for my stay. I took the ticket from the machine and placed it on the dashboard of my car. I was unaware at the time that the machine had only printed the first letter of the registration number on the ticket.

Please take this letter as a subject access request (data protection act 2018 / general data protection regulations (GDPR)

Please supply the data about me that I am entitled to under data protection law relating to myself including all photos taken and CCTV footage and all correspondence including previous appeal.

Please also supply me with all the transactions that went through the machine between xx:xx and xx:xx on xx xxxxxx 2020. This will clearly show a transaction where M was printed on the ticket (copy of ticket attached) and from this my payment will be able to be traced. I believe this is called a PDT machine record.

Please also supply a copy of the CCTV covering the machine between the same times on the same day as requested above that will show me paying at the machine and walking away with my ticket (copy of ticket attached).

Please also supply with me with an explanation of what each reference number on the attached copy of the parking ticket represents. I believe the reference number in the bottom right-hand corner is the reference number of the machine the ticket was purchased from. Once it is established that the ticket I have was bought from the correct machine, covering me for the time I was parked in the car park, my payment will be traceable.

Please also supply all data held, all evidence you will rely on and a full copy of the PCN.

I have also sent a SAR to Premier Parking Solutions requesting the same information from them in case you can't supply it.

I do not see why I should be penalised for the failings of your clients machine. Your client has suffered no loss as I paid for my ticket and stayed for less time than I paid for, therefore their action is an tactic to put pressure on me and intimidate me with talk of court claims.

As I have proof of payment in my possession and your client has CCTV of me entering and leaving the car park, I believe there is no case to answer and if we do go to court as your letter suggests, your case is unwinnable and further action seems pointless.

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

Yours faithfully

xxxx xxxxx

KeithP

Kingmonkey77 said:

If you need any more data from me to confirm my identity please let me know as soon as possible.

Why don't you preempt their request for further proof by supplying now a copy of the vehicle's registration document or a copy of a utility bill or two?

Kingmonkey77

KeithP said:

Kingmonkey77 said:

If you need any more data from me to confirm my identity please let me know as soon as possible.

Why don't you preempt their request for further proof by supplying now a copy of the vehicle's registration document or a copy of a utility bill or two?

Honest answer is just because I took that paragraph from the SAR request template in the newbie thread and didn’t think about changing it. Thanks for the tip, I’ll change it and include the documents. Thank you. 

nosferatu1001

Any reason you are identifying the likely driver?
I wouldnt send an "appeal" when what youre actually trying to do is send a SAR. You risk muddling the issue. I Woudl send two communications. One an ACTUAL SAR, and one asking for the explanations etc you want above

Kingmonkey77

nosferatu1001 said:

Any reason you are identifying the likely driver?
I wouldnt send an "appeal" when what youre actually trying to do is send a SAR. You risk muddling the issue. I Woudl send two communications. One an ACTUAL SAR, and one asking for the explanations etc you want above

Hi, thanks for the reply. I’ve already appealed with the parking company and failed. This is because I’ve had a letter from BW Legal saying they have been instructed to start court proceedings 

nosferatu1001

So you revealed the driver in that appeal?
I would still send the two communications. A SAR properly goes to the DPO, an "appeal" goes elsewhere. 

Kingmonkey77

nosferatu1001 said:

So you revealed the driver in that appeal?
I would still send the two communications. A SAR properly goes to the DPO, an "appeal" goes elsewhere. 

Yeah, unfortunately I revealed I was the driver when I appealed with the parking firm first time but that appeal got rejected and now we’re at “pay or go to court” stage

nosferatu1001

Yep, so as i said. I would not mix communications up. A SAR is a SAR is a SAR. It does not ask them to explain, it is a request for information abou you, the data subject.