HX Parking Fine - Gladstone Letter Before Claim Recieved. Please Help a Stressed Out New Mum.

ParkingNightmares

That's the spiky attitude towards these parasites we like to see. Great stuff.

Haha thanks. I'm sure when it comes down to it there will be moments of doubt and thoughts of giving up but I know with the great advice here they wont win. 

The thread about the £160 makes for very interesting reading. I will encourage the RK to reply to Gladstone asking about the charges but am I right that they should still send a SAR to HX as this will make the process easier when and if the court papers come?

Umkomaas

Yep, definitely get that SAR in now. If nothing else, it will flag up to HX that you are not a clueless victim they can easily roll over. 

beamerguy

 I will certainly ask what justification they have for adding the £60 extra as all they have done so far is sent 2 letters,

You are NOT asking for justification, you are asking for their legal authority ... two different things

ParkingNightmares

Hello OP.  Congratulations on the new baby and very sorry you are being harassed and especially at this difficult time.  A massive thank you to your partner (and all other key workers).  

Please do send an email of complaint to the SRA.  I am in regular touch and I believe we can get this outfit stopped.  The actual email address is

report@sra.org.uk

The experts on here will help with the process on the PCN but I am concerned about the harassment element.  I have already notified the SRA about it and an email from those in the same circumstances would help.  If you follow the advice and get the PCN cancelled or Gladstones discontinue your claim, please come back and tell us.  

Wishing you all the best.  Zhong

Aww thank you Zhong. I am so proud of him hence why despite having a new baby I agreed to help out the RK instead of him doing it. 

I will indeed email the SRA and hopefully it goes some way to helping stopping others receiving such letters. I will follow all advice given as the RK has literally nothing to lose by going as far as court from my understanding and I will certainly try my best to keep you all updated despite the chaos of my current situation.

ParkingNightmares

you are asking for their legal authority ... two different things

Whoops ok so the RK needs to just ask what their legal authority is for asking for the extra 60. Is there a specific way you would word this or should they just say they do not intend to pay the amount and what is Gladstones legal authority for asking for this amount? I told you I had a foggy brain.

I will make a start on writing the SAR to HX now. Is it best to find an email address to send it to rather than rely on Royal Mail?

Yep, definitely get that SAR in now. If nothing else, it will flag up to HX that you are not a clueless victim they can easily roll over.  

Umkomaas

I will make a start on writing the SAR to HX now. Is it best to find an email address to send it to rather than rely on Royal Mail?

Here is the template we recommend which comes from the Legal Beagles website. 

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Sending via email is fine - to the Data Protection Officer via the Privacy page of the HX website. 

I'm sure you understand this, while you might be doing much of the work on the PCN, it can never be your case, it is that of the RK and everything must be done in their name. In the event of a court hearing, the RK must attend that. We've had some cases in the past where someone has taken over 'on behalf of', but we only realised very late in the process, when at the point of things going spectacularly wrong. 

Ralph-y

Who we are

HX CAR PARK MANAGEMENT Ltd (09313114) is a company registered in England and Wales whose registered office is at 161 Preston Road, Lytham St Annes, FY8 5AY.

Our Data Protection Officer can be contacted by emailing dpo@.hx-pcn.com or by calling 03330 066 316.

We operate under the General Data Protection Regulations which will take effect in law on 25th May 2018 along with a new Data Protection Act (collectively referred to below as the DPA).

I didn't know but google did ..

Ralph

ParkingNightmares

I'm sure you understand this, while you might be doing much of the work on the PCN, it can never be your case, it is that of the RK and everything must be done in their name.

Oh absolutely, but you were indeed quite right to point it out. I will sort out the SAR and then once my husband is home I'll get him to send it across to the RK so the RK can send it from their email.

Thank you for the template and contact information. Once I get the baby to sleep I'll sort it out.  Thank you again, you are all so helpful and kind.

zhonguonuren

Interesting.  This is HX’s accountant’s address - perfectly acceptable for Companies House but the DVLA states a parking operator MUST store hard copy evidence relating to parking incidents securely for 2 years.  So my question to HX would be
Can I telephone your registered office to arrange to visit to view my data? (A company’s registered office must be open to the public at specific times). 
 In my case the answer was “No, it is not stored here, we just pass on the odd bit of post” and so the question to HX (after the PCN issue is resolved) is
Where exactly are you storing my private data? 

By the way, I live close by so I called into the accountants to ask the same question - and got the same answer.

Many small companies simply work from home which, unless they can prove they have a secure area, is unacceptable.  

This was raised in a court case against the DVLA.  

HX CAR PARK MANAGEMENT Ltd (09313114) is a company registered in England and Wales whose registered office is at 161 Preston Road, Lytham St Annes, FY8 5AY.

nosferatu1001

It states that *hard copy* evidnece must be stored securelly. Do they have anything in hard copy? I doubt it.