E S P LTD & Gladstones Letter Before Claim

Disgruntled4051

Hi folks, just a bit of a good news update. I had been in contact with the owners of the flat complex for quite a while and have gone through lots of emails and phone conversations. The last email I sent contained legal issues that I had gleaned from this site such as a right to quiet enjoyment, not having signed contracts that stated I must display a permit, peaceful enjoyment, the parking company should not override the tenant's 

right to park by requiring a permit to park, abuse of process etc. They replied and said (this is shortened considerably) that I should look at ways of ensuring my permit doesn't slip, Pace v N 2016 doesn't apply as in that  case he owned that apartment and I didn't (they checked this with their solicitor) and my right to peaceful enjoyment is essential over ruled by everyone elses right to peaceful enjoyment as the company ES.P helps with peaceful enjoyment...
Anyway, long story short, I sent them the new found pictures that had been withheld from me since before I first posted asking for your help and asked if ES were making vexatious claims. They immediately contacted the parking company who withdrew all fines and now the owners of the flats have offered me £100 for all of the hassle I have been through and are going to review their contract with ES.P!  Those photos were an absolute life saver! I just assumed they were correct and thought the stupid thing had been blown down. Crazy... 

Coupon-mad

Anyway, long story short, I sent them the new found pictures that had been withheld from me since before I first posted asking for your help and asked if ES were making vexatious claims. They immediately contacted the parking company who withdrew all fines and now the owners of the flats have offered me £100 for all of the hassle I have been through and are going to review their contract with ES.P!  

Best landowner complaint result ever!

Can you show us the photos (cover your numberplate) as we want to see what ES Parking were doing.

And please rub Gladstones nose in it and order them and ES Parking to erase ALL your data now.

beamerguy

Good result

Do they really believe that ..... ES.P helps with peaceful enjoyment...

Getting rid of ESP is the only answer

Le_Kirk

Excellent result. I liked this bit of cheek (when I say liked......): -

They replied and said that I should look at ways of ensuring my permit doesn't slip .......

Maybe they should supply a permit that does not or cannot slip!

my right to peaceful enjoyment is essential[ly] over ruled by everyone else's right to peaceful enjoyment as the company ES.P helps with peaceful enjoyment...

Never come across this before.  It seems a bit of a stretch but it is nice to know that parking companies are thinking about you!  I'm thinking (and not as a lawyerly person) that other residents are not a party to your lease and neither are you a party to their lease(s) and this argument falls over.  The lawyerly types on here will correct me I'm sure.

nosferatu1001

Indeed, they're all 3rd parties and have zero rights to override your lease. 

Disgruntled4051

This is where my permit was. This is it zoomed in. They took a full shot of the other side but did this at a weird angle.

Disgruntled4051

Hi everyone. Just another update. I took your advice and asked Gladstones to erase all my data on file. They sent a long winded letter that said 

Unfortunately, we cannot process your request because we can demonstrate compelling legitimate grounds for the processing of your data, which override the interests, rights and freedoms of you as an individual. 

Our standard retention period is; no less than 6 years and no more than 7 years, from the date the matter concluded. We can confirm that your data will be processed no further in relation to Parking Charge Number...

Our legitimate interest being, that we retain data in accordance with our obligations to our client, as well as our regulatory obligations. 

For example; if our Regulator or a Supervisory Authority receives a complaint, which we need to provide a response to, or if our client makes a complaint, or claim, which we need to provide a response to.

This is because we act for our client under a contract of services, under which a claim can be made against this firm, at any time, within 6 years, and therefore we keep files for that period of time, after which they are securely destroyed.

If you are not satisfied with our decision, you have a right to complain to the Supervisory Authority. At this stage you should contact the Information Commissioner’s Office (ICO);

Does that sound fair enough or should I complain further? They all made an enormous mistake in taking the claim forward as I had my permit up to be fair.

Umkomaas

Complain to the ICO (who are helpful) if you're not satisfied with the Gladstones insistence on retaining your data. 

Coupon-mad

I agree. Register a concern that Gladstones are retaining data for a ludicrously long time after the matter is concluded, on some spurious excuse that their client might be sued.  Given the facts of the case (that the car was at all times displaying a permit...explain more...) there is no reason to retain your data at all because the DVLA KADOE only allows the registered keeper's data to be used for limited purposes and in your case, there was no 'reasonable cause' to get your data at all.

Disgruntled4051

Great! Thanks for the replies. I'll do that and see where this next rabbit hole takes us.