Smart Parting- No initial letter and escalation

Umkomaas

I sent a SARS request on 19 May but haven't got a response from smart parking. 

Complain to the ICO. 

Complain to the BPA. 

Complain to the DVLA. 

ruddin1

ICO states to initially contact the organisation to resolve the issue before making a complaint. Whilst I understand complaining to ICO and BPA, i'm not sure the point of complaining to DVLA?

Le_Kirk

You send an e-mail to the DPO of the parking company telling them that you submitted a SAR more than 30 days ago, to date you have received no response.  by copy of this e-mail you are reporting them to the ICO for a breach of the GDPR.  Send a copy to the ICO.  Copy to DVLA so they know the PPC has failed in its duty.

pould

Smart Parking failed miserably to respond to my SAR in time and now they are refusing to disclose evidence in my case against them. 

ruddin1

Smart parking dpr got back to me when I conplained. Apparently they processed it and sent a letter which I never received. They emailed me what they had. It's weird, but they could have done that from the start. 

ruddin1

The SARs information I received only shows what they have processed. Should it not also include my correspondence in email form both when I emailed via their website and via resolver? The data protection officer said the information he gave me was all that he had and what they would rely on. I received another letter from debt recovery to say if I don't pay in 10 days then they will recommend that Smart Parking take court action against me so I want to be as prepared as possible if that happens

Fruitcake

A response to an SAR should include all the information they hold about the data subject, which is you, no matter upon what medium it is processed.

ruddin1

Thanks. I replied and requested all correspondence.

ruddin1

I was wondering if someone could clarify what the following means:

We would like to clarify that as per the BPA code of practice January 2018, paragraph 22.7 "To give drivers early notice of your claim, you should apply to the DVLA for the keeper details promptly. Usually this would be applying to the DVLA no more than 28 days after the unauthorised parking event." And 22.9, "you must post the parking charge notice to the keeper as soon as possible. Your target is to send the parking charge notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA."

If this goes to court, they would surely use this as an argument.

If the grace period is 10minutes, surely leaving on the 11th minute still shows no commercial harm was done and the fine would be concerned harsh?

Coupon-mad

If the grace period is 10minutes, surely leaving on the 11th minute still shows no commercial harm was done and the fine would be concerned harsh?

Yep.  Your case for defence is sound on so many grounds.

If this goes to court, they would surely use this as an argument.

Why would they - it helps them in no way.   It's just saying they 'can' issue a PCN after 14 days...well, they can.  However, if they do so, they fail the POFA and can't have keeper liability.  i.e. a late or wrongly worded NTK is only legally capable of 'driver liability'.