Multiple FCNs from Napier Parking

B789

Their DPO is wrong about updating your data and a complaint to the ICO should be initiated. You need to instruct the DPO that your request is a "data rectification order". Highlight the fact that should they or their agent (solicitor) issue a claim to the old address, they will be liable for the GDP breach and their failure will be highlighted to the court as unreasonable behaviour.

Stop worrying about the ANPR images. This is not a criminal investigation where the images are forensically examined. They can only use the images for what it says on the tin... Automatic Number Plate Recognition.

Coupon-mad

Definitely do not pay that laughable 'offer'!

imulsion

Thanks guys. I've lodged a complaint with the ICO and informed Napier of their failings. I'll keep you updated

imulsion

They replied.

"Unfortunately it is not possible for us to erase your old address because this data is required for accurate record keeping. If the charges remain unpaid and legal action is required we will need this data to show the liability flow and your disclosure of your new address. We can confirm that our records have been updated with your new address and this address will be used as long as we believe it to be your current address. We have also updated BW Legal."

Does this mean they're planning to use the fact I hadn't updated my V5C against me? Is this a valid exemption from GDPR?

Coupon-mad

I think it's OK and has confirmed at least, that they and BW will use this address.

imulsion

Hi everyone,

It's been quite a while since I last updated so here's a summary of events since then:

- Received 5 Letters of Claim in the post from BW. 4 of them are for £160 (single alleged breaches), and the 5th is for £320 (two alleged breaches rolled into one).
- Received a Claim Form from the County Court with a serving date of the 10th of April, relating to the 5th form. The total claimed is £420.
- I have followed the MCOL instructions in the other threads here and have filed my AoS. According to the MCOL website I now have 28 days from the date of service (the 15th of April), which by my calculation is the 13th of May, to file my defence.

So far so good. I have a couple of questions at this stage:

- Since they have filed a formal claim for the most recent LoC (the largest amount claimed, obviously no coincidence there), is it likely that they are not interested in pursuing the other claims and will only look to pursue this one?
- Is the fact that I have received other LoCs which are **not** being claimed for relevant to my defence? 

Thanks for all your help so far.

Coupon-mad

No and no.    

imulsion

OK, thanks Coupon-mad, that's pretty much what I was expecting. One further question then:

If I lose this claim (unlikely, I hope), what's my best course of action? Continue to defend against the other claims? Presumably the judgement in this case will be used to evidence that the other claims are valid too, since they're all made on the same grounds. On the other hand, even if I lose I won't be made to pay the full amount (right?) so it's probably cheaper to defend even if I lose

Castle

imulsion said:

Hi everyone,

It's been quite a while since I last updated so here's a summary of events since then:


- Received a Claim Form from the County Court with a serving date of the 10th of April, relating to the 5th form. The total claimed is £420.

Can you please post up a copy, (redacted where necessary).

I'm assuming that by "serving date", you meant issue date?

imulsion

Here you go. Yes, I did mean Issue date, apologies.