Ticketed in space owned by me

LondonE5

First draft of my LBC.  Would welcome feedback please. I have not currently mentioned the DVLA as the source of the data acquired. Should I?

[DELETED - UPDATED 2nd Draft end of thread]

Fruitcake

There is something wrong with the information contained on their FAQ page. The information contained is different to that if you use the home page.

For example, if you go to the bottom of the FAQ page and click on British Parking Association under the heading, Useful Resources, it takes you to the payment page, and clicking on Code of Practice takes you to the appeal page, yet the links work correctly if you click on them from the home page,

P4 Parking – When Parking Matters

According to the BPA's website. P4P don't do Self Ticketing, but I wonder if that is true. Often this is the preferred method at residential sites where a resident takes photos of vehicles then uploads them using an app, and gets a bonus from the PPC each time. This is cheaper than the PPC sending an operative round to the site on the off-chance they might catch somebody.

KeithP

Just a small point, but I think you need to give thirty days for a response.
That's certainly the case for debt claims, but your claim might be different.

LondonE5

Also, any comment on section 13 of the DPA regarding distress? 

This matter has caused me distress- the time, the hassle, the receiving of a threatening letter from TNC etc.

Surely it’s worth adding in to my letter as well?

13. Compensation for failure to comply with certain requirements.

(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a)the individual also suffers damage by reason of the contravention, or

(b)the contravention relates to the processing of personal data for the special purposes.

—-

Also, do I have any right to ask to be sent correspondence between the Managing Agent and the PPC? Or any other information I am entitled to make a request for (if nothing else, to make life hard for them)?

Fruitcake

I see no reason why you shouldn't claim for distress etcetera. I would be distressed if I received demands with menaces/threats for parking in my own parking space.

You can ask for any relevant evidence to support your case, and of course anything that contains your personal data. You could send both the PPC and the MA an SAR to obtain the latter, then compare it with what you actually know they hold, and highlight anything they have failed to provide with both the court and the ICO.

I assume you will be complaining to the ICO about the PPC, the MA, and the DVLA mishandling your personal data, but this cannot be done until you have complained to the *cough* service provider first and received a response.

Coupon-mad

Yes, to have a cause of action you need to plead this £500 as damages for significant distress.

UncleThomasCobley

KeithP said:

Just a small point, but I think you need to give thirty days for a response.
That's certainly the case for debt claims, but your claim might be different.

I believe that the 30 days is for debt claims. This is not a debt claim but a claim for damages and so the 14 day rule applies:

Steps before issuing a claim at court

6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

(c) the parties disclosing key documents relevant to the issues in dispute.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1

LondonE5

Thanks folks. Hold fire on any further comments on my letter for now, and I'll post a 2nd draft later.

Half_way

Make sure you hammer the management company, reminding them over and over that they are jointly liable for the actions of their agents, and copy in the person you said was/ is on a power trip making sure that you mention the personal liability part of GDPR 

Castle

LondonE5 said:

Also, any comment on section 13 of the DPA regarding distress? 

Section 13 refers to the old DPA, you will need the new DPA2018 (sections 168 & 169).