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SAR contained details for someone else!

Hi,

Firstly, thank you to all your advice on the FAQs etc which I have been following over the last month after I unexpectedly received debt demand letters from ZZPS on behalf of APCOA (no PCN was received previously and therefore no chance to appeal).

As per some of the advice on here, I ignored ZZPS and put a Subject Access Request into APCOA. That has just come back. It has ANPR of my car, a PCN notice that was supposedly sent to the correct address and a form riddled with data for someone who is definitely not me and that I have never heard of before!

Contains his name (let's call him Mr Smith), home address, car reg, alleged offence, photos of car, VIN, license details etc etc

Needless to say it's a pretty big !!!!!! up from APCOA. Any advice on how I play it?
1) Go back and just ask for a correct SAR, thus running down my clock further.
2) Go back and make a fuss, say what an outrageous data breach this is and I hope they are not treating my data in the same way, try to get my fine cancelled.
3) Write to Mr Smith, and encourage him to make a fuss.

Ultimately I just don't want to pay an unlawfully issued penalty but I wouldn't mind making their life difficult in the process.

Grumpy.

Comments

  • Fruitcake
    Fruitcake Posts: 57,938
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    edited 9 February at 11:31AM
    I suggest you complain about the data breach by sending you someone else's personal data. Since this is not your data, you can't complain that your data rights have been breached, just that it has happened.

    Contact "Mr Smith" and advice them about the data breach. Suggest they also make complaints to APCOA, the BPA, the DVLA, and the ICO. 

    You won't be paying anyone. APCOA don't do court, and can't hold a vehicle keeper liable. Was it really a penalty for a PCN where byelaws apply, or somewhere else?

    I would wait to see if they fix your SAR by sending the missing data without prompting. If they don't, then you can complain you haven't received all your data, and can escalate this to the BPA and the ICO.

    I married my cousin. I had to...
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  • PDJAM
    PDJAM Posts: 13
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    Fruitcake said:
    Contact "Mr Smith" and advice them about the data breach. Suggest they also make complaints to APCOA, the BPA, the DVLA, and the ICO. 

    Be careful as I believe this can be classed as further processing and in breach of UK GDPR
  • Coupon-mad
    Coupon-mad Posts: 129,144
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    edited 9 February at 2:36PM
    PDJAM said:
    Fruitcake said:
    Contact "Mr Smith" and advice them about the data breach. Suggest they also make complaints to APCOA, the BPA, the DVLA, and the ICO. 

    Be careful as I believe this can be classed as further processing and in breach of UK GDPR
    An individual isn't a data controller and isn't subject to this part of the law. No danger.

    The OP should do 2 and 3.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Thank you, I've written to Mr Smith. I'll write back to APCOA after the 1 month period to advise them that the SAR hasn't been fulfilled. 

    Thanks for the advice!
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