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HEARING LOST in a PCN dispute

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Comments

  • bergantet
    bergantet Posts: 122 Forumite
    100 Posts First Anniversary Name Dropper
    bergantet said:
    Umkomaas said:
    bergantet said:
    Umkomaas said:
    bergantet said:
    1. Also, DVLA has sent me the report and it was CEL who requested my personal data ... is it a good thing for me?
    2. I have not received my SAR images yet..... :(
    3. Also, on form N180 D3 (witnesses) I don't remember if my wife was in the car with me or not ... 15 months have passed ... I don't even remember if it was me who was driving ...
    1. Who else was likely to request your data?
    2. They have 30 days in which to respond. When did you send the SAR?
    3. What would you require of a witness (other than you)?  Not recalling who was driving might be helpful if CEL have not met PoFA requirements, if they have, it's rather irrelevant as to who the driver was, the RK can be held liable. 
    Thanks for your replay
    1- Total parking solutions, Transport for London (???), ...
    2- I've sent my SAR by email on the 24/03/2021
    3- Thanks
    1. In the context of this case, CEL have accessed your data from the DVLA, and that's been confirmed by the DVLA - any other organisation is irrelevant. It neither helps nor hinders your position, it is as it is. 
    2. Have you had no reply whatsoever?  If that's the case, a sharp reminder to CEL, giving them a 7-day deadline for response, otherwise you will lodge a complaint with the ICO. Carry out your threat if they don't comply.  
    That's gold, thanks !!!
    Any advice on how I should approach them? :), I don't want to sound unprofessional or lacking in lexicon ...
    Thanks in advance !!!!!!!!
  • Umkomaas
    Umkomaas Posts: 43,803 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No one will write this for you, so if you want a regular to check what you're going to say, put up a draft for critique. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • bergantet
    bergantet Posts: 122 Forumite
    100 Posts First Anniversary Name Dropper
    Umkomaas said:
    No one will write this for you, so if you want a regular to check what you're going to say, put up a draft for critique. 
    Good idea, I will, thanks
  • bergantet
    bergantet Posts: 122 Forumite
    100 Posts First Anniversary Name Dropper
    edited 9 May 2021 at 3:59PM
    4 ...................street, BR6x xxx
    07....................
    09/05/2021
    Civil Enforcement Limited, Horton House, Exchange Flags, Liverpool L2 3PF

    Dear Sir or Madam,
    It has been more than 28 days since my SAR request on 03/24/2021. Unfortunately, if I do not receive the requested information within 7 days, I will refer the case to the ICO.

    If you normally do not respond to these requests, please pass this letter and the email attached below to your data protection officer or appropriate staff member. If you need advice on how to handle this request, the Information Commissioner's Office can help. Their website is ico.org.uk or they can be contacted on 0303 123 1113.

    I hope to hear from you soon
    Faithfully,
    Mr ....X

    PS: please send your reply to this email for follow-up purposes


    **** I was thinking of attaching this email to the SAR request to have a better understanding of the situation. Also, I thought to send a copy to the CCBCAQ to show them that CEL does not follow the procedure as it should be ... What are your thoughts? Thanks
  • Umkomaas
    Umkomaas Posts: 43,803 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Send it to the CEL DPO as per the contact email in the Privacy page of their website, not to a general CEL address. 

    Leave out the word 'unfortunately', you don't do this in apologetic mode. 

    The CCBC is an administration centre, it is not the court, and in any case, the court will not be interested in any CEL non-compliance with GDPR/DPA, unless you sue CEL in a separate claim against them. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • bergantet
    bergantet Posts: 122 Forumite
    100 Posts First Anniversary Name Dropper
    Umkomaas said:
    Send it to the CEL DPO as per the contact email in the Privacy page of their website, not to a general CEL address. 

    Leave out the word 'unfortunately', you don't do this in apologetic mode. 

    The CCBC is an administration centre, it is not the court, and in any case, the court will not be interested in any CEL non-compliance with GDPR/DPA, unless you sue CEL in a separate claim against them. 
    Thanks, this is the email I sent the SAR: dataprotectionofficer@ce-service.co.uk
  • bergantet
    bergantet Posts: 122 Forumite
    100 Posts First Anniversary Name Dropper
    A quick update, I sent an email this morning to dataprotectionofficer@ce-service.co.uk giving them 7 days to reply to me before escalating the case to the COI, 5 minutes later they replied saying that I did not include the PCN number in my SAR. .. well, they didn't need the pcn number to find my full details from DVLA.
    At the same time, I've received an email from the landowner (Spot property company limited), the email is from 
    office@abcfacilitiesmanagement.co.uk, then I assume abc parking is close related with the landower. 
    This was the email:

    Dear Sir/Madam,

    Concerning the email dated 21/03/2021, Our Ref: BFW/ABC/042121/56962228/JAMC

     We have not had a response to the below email and are now closing this matter.

     Kind regards

    Jay

     Office Team Management


    The below email is dated 18/04/2021, however, I don't have any email at all, neither in the junk folder ... strange right?

    Email that they said have sent me:

    Dear Sir/Madam,

    Our Ref: BFW/ABC/042121/56962228/JAMC

    Please see attached response letter to your email dated  18/04/2021 to our client SPOT Property.

    We look forward  to your response on this matter.

    Kind regards

    Jay

    Office Team Management


    There is no attached letter ..... all this is a bit strange !!!

  • nicestrawb
    nicestrawb Posts: 323 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 11 May 2021 at 12:00PM
    Ask them to attach it again! And you will decide if the matter is closed, depending on their resonse ;-)
     {Signature removed by Forum Team - if you are not sure why we have removed your signature, it's probably Gladstones}
  • bergantet
    bergantet Posts: 122 Forumite
    100 Posts First Anniversary Name Dropper
    Ask them to attach it again! And you will decide if the matter is closed, depending on their resonse ;-)
    Thanks for the advice. I sent them an email as you suggested. Thanks again
  • bergantet
    bergantet Posts: 122 Forumite
    100 Posts First Anniversary Name Dropper
    edited 18 May 2021 at 1:44PM
    Hello everybody,
    A quick update: since CEL did not send me any information requested in the SAR I sent them, I gave them a one week extension. The one-week SAR extension time expired today at 11:00 a.m., for which I have submitted a claim to the ICO. However, the ICO has sent me an email saying that they will respond within 14 days, but according to their website, it could take up to three months due to the current situation of the Coronavirus pandemic.
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