Update Judgement - Both struck out (29th Feb) - Victoria Quays - Sheffield, S2 5SY

YankeeBrit

I'm not legally trained but a quick research shows that The VCS data controller has obtained your personal data unlawfully, in breach of the principle of lawfulness, fairness, and transparency (Article 5(1)(a) of the GDPR),  and so the relevant article under the UK GDPR that may apply is Article 82 - Right to compensation and liability.

Section 168 of the Data Protection Act 2018 refers to Article 82.

If you want real legal advice then you should consult a lawyer. There are a few who frequent this site but whether they are specialised enough or willing to advise about this is another matter.

You may want to edit the content to suit the circumstances. This was only suggested as an option to prompt the landowner to take their responsibilities seriously and not to just fob you off.

At the end of the day, you want to see what reaction you get to the LBCCC and whether this is enough of a prompt to get the landowner to force VCS to cancel the PCN. If it doesn't work, you can still proceed with the claim but would have to do a bit more research into exactly which Articles and Sections from the UK GDPR and DPA 2018 actually apply.

Anto_28

Absolutely. I see this more of a warning shot across the bow to try get Eddisons to act.

I'll quote article 5 in the LoC and send now, and await their response. They might just instruct VCS to cancel the PCN to save the hassle

YankeeBrit

Grizebeck said:

You don't need to say " my name is" sounds like your at primary school

More than happy to be corrected. How would you suggest the letter be started?

Perhaps there is no need to repeat the information that the person threatening to make the claim is already stated in the contact/address details that head the letter.

Anto_28

@Coupon-mad

This gets messier and messier. Just had a meeting with my boss.

He believes the land itself is owned by the Canal and Rivers Trust. They in turn have the Victoria Quays Management Company ("VQMC") (02880634) who make decisions. My boss just happens to be one of the directors on the board of the VQMC.

The Director at Eddisons that sent me the emails earlier in this thread is the VQMC company secretary.

The VQMC appoint Eddisons to manage Victoria Quays (things like the maintenance on the buildings that the commercial and residential units are in) on their behalf for a fee, and Eddisons appoint VCS to manage the parking.

Unpick that one 😂 Who here would have the DVLA KADOE contract. Can VCS even issue PCNs here legally 🤔


Update - Canal & Rivers Trust confirmed.



Yellow X = Where my car was

Coupon-mad

Well it's only the PPC who can get DVLA data, and yes they can get it legally, if a MA (appointed properly by a landholder, as seems to be the case) is stupid enough to appoint ex-wheel-clampers on site.

YankeeBrit

By any chance, is that land covered by byelaws?

YankeeBrit

Find the email address for the DPO of Eddisons and resend the LoC to that address.

dataprotection@eddisons.com

Anto_28

YankeeBrit said:

Find the email address for the DPO of Eddisons and resend the LoC to that address.

dataprotection@eddisons.com

The initial LOC was sent to the above address with all 4 directors of Eddisons CC'd

The email above return an OOO from ********* ********** enclosing:

I am out of the office on annual leave, returning on Monday 14 August 2023.  If you have any urgent queries in my absence, please contact ************ (***************).

So I forwarded to that email address and got the below

YankeeBrit

So, they have 21 days in which to respond. 14 days to confirm that they have instructed VCS to cancel the PCN. Their legal counsel is who you would expect to deal with the LoC anyway.

Anto_28

I think were getting somewhere, been asked why I think the CRA2015 comes into play.

Response:

The term on the signage states the permit must be displayed “inside the front windscreen”. In this context, this term is ambiguous due to the many meanings of such term, possible meanings of this include but not limited to:

• Placed on the dashboard
• Affixed to the interior side of the front windscreen
• Positioned inside the vehicle cabin specifically near or close to the front windscreen area where the permit would be visible from outside
• Infused into the glass of the front windscreen

 The CRA2015 deals with contract terms that may have different meanings. Where this is found the term most favorable to the consumer is to prevail.

Therefore in this case, the term “inside the front windscreen” must be found to have the meaning “Positioned inside the vehicle cabin specifically near or close to the front windscreen area where the permit would be visible from outside”.

The specific term of the contract now reads “Permit holders must clearly display a valid permit (with all details clearly visible) positioned inside the vehicle cabin specifically near or close to the front windscreen area where the permit would be visible from outside of the vehicle at all times.” 

VCS's own evidence unequivocally proves the permit was in fact on display inside the front windscreen.