Private Parking ticket(s) whilst parked in my own space with the pass partially visible

Coupon-mad

Oh good.  A couple of earlier posts read like it was already a defended claim.

englishguy31

Hi all, and thanks again for your advice. As suggested, I waited until I have actually moved out of the apartment and sent a short note to them, early December:

To be clear, I have now completely moved out of the property you have on record (which should be erased), and I must re-state that my address for the service to the following:

[Overseas Temporary Address'

I am in the process of finding a permanent location to live and will happily share that once I have more information.

To state again, I am more than happy to attend any court hearing, however I would like it noted that it is my full intention to claim back costs (which I am extremely confident in being successful with given the details of my case), which would be upwards of £1500 for travel expenses alone; likely much more given the current price fluctuations.

They have responded back with the below which seems counterproductive (given I don't even live there anymore so can't receive the paperwork anyway). I assume this is just their one last ditch at trying to get me to pay? 

My question for the group is more: How should I address their refusal to believe my relocation?

Thanks,

Good Afternoon,

Thank you for your email.

In absence of proof of residence the matter will proceed at the last known address.

Our Client remains satisfied the charge was issued correctly.

In absence of full payment within 14 days of this email we suggest you follow the steps on the Claim Form upon receipt of the same whereby you will be given the opportunity to defend the matter in court.  

Payment can be made via bank transfer to the account detailed as follows: 

Gladstones Solicitors Ltd 

Barclays Bank 

Account N bla bla bla

Amount Due: £340.00

Fruitcake

You shouldn't have said your address was temporary. However, an address for service is exactly that, an address where you can be contacted, and there is no legal requirement for it to be in the UK. Did you send the instruction to erase and replace your personal to the PPC's DPO? If not, you should do so.

Complain to the PPC (then their ATA when they fail to comply) and their agent, and your MP, and the ICO.

Can you set up mail redirect to have your post delivered to a trusted friend or family member, and ask them to open your mail for you? That way you will get warning of any intended action against you, and you can provide a new address for service if you do get a court claim. If it's overseas, the court system "should" flag it as being out of jurisdiction.

Coupon-mad

That word should never have been included.

If you can, give another one (colleague's address?) and call it your permanent address for service.  Include evidence of your trip/job.

Tell them as they are refusing to erase the UK address where they know you can no longer reasonably be reached for court papers (which would be improperly served and will expire), you have now reported Gladstones to the SRA, CSA and the Information Commissioner for breach of the GDPR 2018.

Do all 3 complaints online now. Keep it concise and make sure you report the right firm, not one of a similar name.

englishguy31

Firstly, thank you both again for the detailed reply.

Fruitcake said:

You shouldn't have said your address was temporary. However, an address for service is exactly that, an address where you can be contacted, and there is no legal requirement for it to be in the UK. Did you send the instruction to erase and replace your personal to the PPC's DPO? If not, you should do so.

Complain to the PPC (then their ATA when they fail to comply) and their agent, and your MP, and the ICO.

Can you set up mail redirect to have your post delivered to a trusted friend or family member, and ask them to open your mail for you? That way you will get warning of any intended action against you, and you can provide a new address for service if you do get a court claim. If it's overseas, the court system "should" flag it as being out of jurisdiction.

Apologies, maybe it should have been clearer. In my emails, I did not use the word "temporary" (just as a placeholder here for the address I used). However, it is clear that the address is an office address rather than a residencial address hence the explanation. However, as you say, it does not really matter here and should not have been an issue.

I didn't send the request specifically to their DPO, but will get the details today and send that, including making a formal complaint to all of the above. I have already made a complaint (as suggested on this thread) to HMRC about VAT concerns but will focus these now on the specific point of data.

I do have a redirect from my old address to my parent's address for the next 3 months, just to capture any mail which we have forgotten to change so I should catch it if they do try to send something there.

Coupon-mad said:

That word should never have been included.

If you can, give another one (colleague's address?) and call it your permanent address for service.  Include evidence of your trip/job.

Tell them as they are refusing to erase the UK address where they know you can no longer reasonably be reached for court papers (which would be improperly served and will expire), you have now reported Gladstones to the SRA, CSA and the Information Commissioner for breach of the GDPR 2018.

Do all 3 complaints online now. Keep it concise and make sure you report the right firm, not one of a similar name.

Thanks again! I will do the complaints today and then send a follow up communication with them.

englishguy31

Just thought it useful to keep this thread updated should others read this, especially about Gladstones.

• I have emailed specifically their DPO
• I have raised a formal complaint with Gladstones
  
• I could not find Gladstones on the CSA website as being a member - perhaps I'm looking at the wrong thing? I assume it is this organisation: https://www.csa-uk.com/
  
• The ICO specifically ask if the formal complaint I have made has been given 1 month to respond to. Given that I just did that today, I can't really so yes 

I'm in no rush to respond to them, however I will likely send something like the below to them next week. If there is anything that might be useful to add in here that would be very helpful.

Thanks again,

Hello,

I will state again: My permanent address for service, as I have clearly communicated to you numerous times now, is:

xxxxx

As you are refusing to erase the UK address where they know I can no longer reasonably be reached for court papers, I have started the complaints process with the SRA, CSA and the Information Commissioner for breach of GDPR 2018.

Regards,

Coupon-mad

Don't forget the SRA complaint too in the new year (once you've given them a chance to respond).

Gladstones got slapped with a fine a few years ago for certain conduct that caused consumer harm, so they must hate SRA investigations.

englishguy31

Got a response from Gladstones, as below. For now I'm planning on doing nothing until I have my new apartment sorted, which should be in the next 6 weeks or so. Is that the best process or should I do anything further?

Thanks,

Dear xxx

Second Request for Erasure of Personal Data

We refer to your request regarding a request for erasure of data.

We note this is your second Request for Erasure of Personal Data and further confirm that

all previous requests have been responded to, within the statutory time frame and not

‘ignored’ as you suggest.

Unfortunately, we cannot process your request because we can demonstrate compelling

legitimate grounds for the processing of your data, which override the interests, rights and

freedoms of you as an individual.

That legitimate interest being that we are acting on behalf of our client xx for the recovery of monies relating to an unpaid Parking Charge(s),

number(s) x & y.

To process your data is necessary and lawful, as it is required in furtherance of our client’s

instructions, and we act for them on their rights and obligations for the recovery of such

monies.

We note your request for previous addresses to be removed from our system.

However, the previous addresses now form an integral part of the file given our client has

instructed us in respect of the matter. Please be assured we have added the address you

have provided as a ‘care of’ address to our system.

Once we are in receipt of the requested documentation proving your residence we will be

happy to undertake a full rectification.

Further to the above, we request again that proof of your address be supplied to allow us to

update the information held for you.

If you are not satisfied with our decision, you have a right to complain to the Supervisory

Authority. At this stage you should contact the Information Commissioner’s Office (ICO);

Address; Wycliffe House

Water Lane

Wilmslow

SK9 5AF

Telephone Number 0303 123 1113

Please note that time limits may apply and so you should contact the ICO as soon as

possible following our decision.

We must also confirm that you also have the right to a judicial remedy (ie claim

compensation through the courts), if you remain unsatisfied with the outcome of a complaint

to the Supervisory Authority and you believe there has been a breach of the General Data

Protection Regulations 2018. The ICO cannot award compensation and so if you cannot

reach an agreement on the amount of compensation where appropriate, you can apply to

court. You should seek independent advice at any stage that you feel it necessary.

We hope the above provides clarity to you with regards to our decision, but should you

require any further information, or have any concerns, please do not hesitate to contact our

Compliance Department;

DataProtectionOfficer@gladstonessolicitors.co.uk

Gladstones Solicitors Limited

Unit B

1 st Floor

210 Cygnet Court

Centre Park

Warrington

WA1 1PP

Of course any individual can raise concerns with our Regulator, the Solicitors Regulation

Authority (SRA), the details of our authorisation and registration can be located within the

footer of this letter. Should contact be made by the SRA, our Firm will co-operate fully.

Yours sincerely,

Coupon-mad

Wait 3 weeks then, in mid February, send the usual '30 days hold for debt advice' reply if you have not used that delay already.

Then when the 30 days is nearly up, prove your new address with evidence.

englishguy31

Thought I'd share an update as I know whenever I read through old threads it's frustrating if there is no "end".

I did as suggested, sent a hold email and then sent proof of new address now I'm settled overseas. I got back a generic email saying that they still cannot remove my old address, but have noted that my new address is now my overseas one.

They said, last week of March, to end the letter:

Please note the remainder of your correspondence will be addressed by our Legal department in due course and the matter remains on hold until then.

Interested to see their response. Thanks for all the advice on here