Data Subject Access Advice re parking charge notice please

pinkelephant12

I have been sent a parking charge notice for not displaying a permit in my allocated parking bay.  The evidence is woefully inadequate, so I will be surprised if it ends up in court, (but that doesn’t seem to matter to some companies).  I have recently submitted my appeal to the parking company.
I want to submit a subject access request under data protection law to the parking company for the reasons set out below but I need advice on what to include and whether it is a good idea to do this now or wait. 
I believe the photo on the PCN was not taken by the parking company but by a director of the residential management company which manages the site and submitted via email or app.  I have seen this director taking photos of my car recently.  The director has been harassing me in other ways and I have experienced criminal damage to my property.  I am trying to put together a file to prove harassment in order to obtain an injunction.  This would be a useful piece of evidence if the PCN gets cancelled.  The police are involved in the general issue of harassment but won’t get involved in a parking ticket while it is ‘live’.
I am aware that the parking company will not reveal personal details about other people, so how would I frame my questions to get as much information as possible to establish the source of the photo/complaint?
Any suggestions would be most welcome.
This is my first post on the forums.  Be gentle with me!

Castle

Here's what GDPR say for your SAR rights:-
https://gdpr-info.eu/art-15-gdpr/

beamerguy

Who is the parking company ?
If you have seen the director taking pictures of cars, you can assume he has an app provided by the parking company to transfer the data.  You can also assume that he/she is paid a percentage of the ticket price.  You and residents must trap him in action

Ralph-y

and .... after the above .. what does your lease agreements say ?

Ralph

pinkelephant12

Thanks for the help.  I have been able to draft some questions, but I think I'll wait until I see how it progresses for the time being.
I will take photos of the director taking photos!!
There is no mention of parking permits in the property documentation - just the right to park a single vehicle in the allocated bay.

Castle

Don't forget you can also send the RMC a SAR as well; which will establish whether the Director is acting on behalf of the RMC or not.

pinkelephant12

I didn't think of that!  Thank you - will do.

Fruitcake

If it ever does get to court, you will be able to ask for the person who took the photos to attend as a witness so you can question them. This does not guarantee that they will turn up, but you will be able to explain to the judge that this has put you at a disadvantage if they don't
Point out to the scammers and RMC that you will be doing this if the case does progress to court.

Please do tell us the name of the PPC.

Don't forget to complain to your MP about this unregulated scam. Please also come back to this forum in about one to two weeks as we hope the new government code of practice will be available for public consultation. We need as many people to comment on it as possible.

pinkelephant12

Can any of the wonderful experts here advise on next steps?

 I live in a freehold property with an allocated parking bay which I do not own but have exclusive use of.  A permit scheme is in place. The directors of the RMC have done everything they can to get me a PCN e.g. taking photos of my car, asking the PPC (Horizon) to ticket my vehicle when the permit fell down, etc.  As a result the PPC were notified not to monitor my bay (as I rejected their offer of a secondary contract) and therefore no permit is displayed.

 I received 2 postal PCNs earlier this summer for parking in my bay without a permit.  Photos of my vehicle and house were taken without my consent or any authorisation.  Breach of the KADOE contract when obtaining keeper details as no reasonable cause.  I informed the PPC that they had been told not to monitor my bay and that any further communication about the bay would be classed as harassment.  Both PCNs were cancelled.

 This week, a window PCN was attached to my vehicle, again in my own bay.  I have reason to believe that this was done on the instructions of the directors of the RMC (as a result of overheard conversations).

 Is it best to wait the 25 days as would normally be the case (and probably receive more PCNs) or appeal immediately?  They clearly haven’t got a leg to stand on.  Obviously I will sue for harassment / data protection breaches.

 Still waiting for the data SARs.

 Your advice will be much appreciated.

nosferatu1001

Cease and desist to RMC. Infirm them you reserve all legal rights including an injunction against the rmc fir breach of lease. 

Coupon-mad

1.  Read the thread by @Lamilad and look out for the transcript when we get it (persuasive appeal case!).

2.   As nosferatu1001 says.

3.  Get ANGRY and GET EVEN about this scam! 

Please now make a real difference because not enough people have and there is NOTHING in the current draft to protect residents like you who already have a right to park and no need to display a stupid permit or jump to the tune of a PPC, so get on it yourself:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.