I've made a Subject Access Request, they've sent me some info but is it enough?

Will44

Hi All,
I've run searches and checked through previous forum threads but couldn't find any detail about what to expect back after submitting a SAR.
I've been following the advice on the Newbie thread and have been issued a Claim Form from Premier Parking Solutions via BW Legal. I've sumbitted my AOS and emailed BW Legal.
I then made a SAR request and they sent me photos of the car entering and leaving the car park, a photo of one of their signs by the ticket machine, and signs near the entrance.

I prodded them asking for ticket machine records and they emailed me back with this response (photo attached):
"We believe that we have responded with all personal information you have requested, apologies if something has been missed.
However if helpful I have provided a further printout of your transgression narrowed down to the material time as requested below which is I believe what you are after.
However to clarify, please confirm what PDT is?

 However to confirm, no data is held at the P&D machine and other motorist’s records are not your personal data and will not be provided to you."

I wanted to ask if there is any more detail I could request such as all the machine records covering the hours we were parked? And perhaps a printout showing all our ticket purchases that day - we returned and bought a second ticket but they say we overstayed.

Thanks in advance!

Ps does PDT stand for Pay and Display Terminal? I couldn't find it in the list of acronyms

KeithP

Will44 said:

I've been following the advice on the Newbie thread and have been issued a Claim Form from Premier Parking Solutions via BW Legal. I've sumbitted my AOS and emailed BW Legal.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

D_P_Dance

Do not forget to complain to your MP.

Coupon-mad

Pay & Display Ticket.  If the machine asked for the VRM then that IS your personal data.  The ICO said so.

Will44

Thanks.
The issue date is 9th February and I filed the AOS on the 15th February.

KeithP

Will44 said:

Thanks.
The issue date is 9th February and I filed the AOS on the 15th February.

With a Claim Issue Date of 9th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 15th March 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Will44

Thanks Keith. yes I've made a start on it already so I'll get it in sooner rather than later.

D_P_Dance said:

Do not forget to complain to your MP.

D P can I ask why contact my MP? Is it just to highlight how much this is going on, or can they in some way intervene?

Will44

Hi all,
I've prepared a draft defence as per instructions above, amending #2 and #3 to cover the specific facts.
Can I ask if some of you good people would mind giving me some feedback? The defence is due in on Monday 15th, so I should have good time to make amendments.

I also have a couple of questions:
1. Is it worth mentioning that there are no large 'terms and conditions' signs displayed as you drive in - just small Pay and Display signs which are not obvious. Photo attached below (but will not be attached to defence, I'll be saving that for the Witness Statement).
2. Should I be trying to link my points in #3 to any relevent laws or precedents, or are the bare facts sufficient?

Thanks in advance..

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant does not know who the driver of the vehicle was on the date in question.

3a.  On the date in question – XXXX – the Defendant bought a ticket at the car park and went to the beach. The Defendant decided to stay longer on the beach, so went back to the car park before the first ticket expired and then bought a second ticket, which was also displayed in the vehicle.

3b. Shortly afterwards the Defendant received a notice from the Claimant claiming a Parking Charge of £100 or £60 if paid within 14 days of the notice. The letter was unclear about why the Defendant was being charged other than providing the time the vehicle entered the car park and the time the vehicle departed the car park. It just said “Reason for issue: Session expired”.

3c. The Defendant later discovered that on the same day friends and a family member had also received a similar Parking Charge notice despite having held tickets for the duration of their stay at the same car park.

3d. The Defendant has since found evidence of multiple car park users at the same location buying tickets but still being issued Parking Charge notices. This evidence will be presented at the appropriate time.

3e. Since the first letter the Defendant has been bombarded with multiple debts collection letters causing significant stress and anxiety. This whole process has also taken up hours of the Defendants time in terms of having to read through the legalities of this situation and make repeated requests for further information.

KeithP

Should your para 3a perhaps use the word driver rather than Defendant - twice?
That would more clearly support the second sentence in your para 2.

AnotherForumite

Coupon-mad said:

Pay & Display Ticket.  If the machine asked for the VRM then that IS your personal data.  The ICO said so.

Looks like they HAVE provided the OPs data.

I have never understood why the DSAR template asks for ALL of the payment records (PDT is not a term used by the industry BTW); as no company will provide other people’s data.

There is no obligation for them to provide it, but you would have more luck asking for redacted data for the period of the vehicles stay; as it could be deemed to be unreasonable further down the line if they don't oblige.

AnotherForumite

D_P_Dance said:

Do not forget to complain to your MP.

D P can I ask why contact my MP? Is it just to highlight how much this is going on, or can they in some way intervene?

It’s just his/her cut & paste for this quarter, you will see it pop up on most threads.