DCBL Final Reminder / PCN from Euro Car Parks Limited / Astle Retail Park.

NewAppeal34

Dear All,

Quick details: 
DCBL Final Reminder received - over 2 years after alleged parking violation. 
PCN from Euro Car Parks Limited was not received due to change of address. 
Location: Astle Retail Park.
Parking information: Ticket purchased over Euro Car Park APP - under my name (Keeper of the vehicle at that time) and my email address. I believe their car parks are video monitored and exit of the vehicle might have been recorded, however SAR request has not been granted yet. Contravention: The P&D permit purchased did not cover the date and time of parking. 

I have read the Newies thread and several related threads actioned the following so far. 

• IGNORED the DCBL letter

• Complaint / PCN cancellation request: Contacted the Store I visited. Feedback received was they cant help.

• Complaint / PCN cancellation request: Contacted the Landowners / Management staff of the Retail Park I visited. Feedback received: Manager called back right away and said that they can't help as they are currently not using Euro Car Parks anymore. I have followed up asking them to still try to contact them to get this cancelled. However this was yesterday and I haven't heard from them yet. Maybe I will give them a call next week. Or maybe asap?

• SAR request to Euro Car Parks limited - not successful so far as they requested V5 copy as proof of being the keeper of the vehicle, however the Vehicle has been sold last year, hence I cant provide that. Given them the information that they should have my name on file due to dcbl and gave them utility bill as proof of address / ID. Didn't want to give them anything with my picture on. This was sent yesterday. No reply yet.

• Data rectification notice sent to Euro Car Park within the same email for update of my address (referring to the licence plate and as previous keeper) with asking of forwarding to all their agents.

Now I am waiting for the  'Letter of claim' or Letter Before Claim (LBC) and wondered if you could help me with a few questions. I have read through several threads including the newbie one, but I am sure you appreciate that for someone without prior knowledge and experience in regards to those matters any help would still be appreciated and give myself some peace of mind.

1. If it turns out that Euro Car Park has proof that the vehicle was parked at their car park longer than the ticket was provided for and the ticket was purchase by myself (the keeper) through their app which they can prove as well, how good are my chances to win this in court or to get it dropped?
2. Do I have to fear any large fees even in unlikely outcomes? I have seen that if POPLA  refuses the appeal, the charge to be paid is not that high. Money is a factor here of course. 
3. I have read in this forum that DCBL always discontinues once you fight them and that it doesn't get to a hearing. Does this depend on the circumstances, evidence etc, or is this for ALL cases? Wouldn't it be Euro Car Parks that would file the claim and not DCBL?
4. Any further advice?

I appreciate your help.

Many thanks

Coupon-mad

Give the retail park a call now.  We have a bank holiday weekend so get it sorted today.  You never know.

1. We see 99% wins in cases like yours.

2. No large fees are at stake even at court claim stage. The NEWBIES thread second post explains.

3. ECP have no legal Department so they don't file claims. Getting DCB Ltd letters DOES NOT suggest you will later get DCB Legal filing a claim.

Many cases stop at the end of the chain of DCB Ltd letters because that's the strategy used.  ECP hardly ever litigate.

NewAppeal34

Hi Coupon-mad,

thank you for your quick response. I have just called the Landowners again and the Manager I spoke with said she would do her best to deal with this. Lets hope it will end with that.

Thank you also for the update regarding ECP and DCB ltd and I will re-read point 2 under the NEWBIES thread. 

Your help is much appreciated, 

Many thanks

NewAppeal34

Hi All,

so I struggle to get my data released from Euro Car Parks. 

I have sent them the SAR request with a recent utility bill, however their response came back as below:

"Following your initial correspondence we interpreted your request as an Article 15 under GDPR (previously referred to as a subject access request). We responded requesting reasonable proof of identity and confirmation that you were entitled to any specific data relating to vehicle registration marks (VRM). We requested, under previous ICO guidance, that you provide a photo ID plus any proof of ownership by means of a V5C. We have requirements under GDPR to exercise a reasonable degree of compliance to ensure that any data subject (requesting data) needs to establish their identity and also provide details that allow us to ascertain if the data subject has the necessary rights to receive any data. Only when we have completed these tests do we release data. Unfortunately you have provided insufficient information for us to process this request.

 A utility bill does not constitute proof of identity or proof of vehicle ownership. Alternatively, you can provide any documentation that links you to the vehicle on the day the data relates to.

 If you require any additional information please provide the identification as requested and always quote the GDPR reference, in this instance ART15-20240429-12."

I was hoping not to have to send them a photo ID as previously advised here in the forum. Any idea which other proof of ID they legally have to accept as well? Also I dont have a copy of my previous V5C anymore, as I have sold the car a year ago. What other proof would they accept?

Many thanks for your support

Coupon-mad

Report them to the ICO.

NewAppeal34

Hi Coupon-mad. 

Report him on which basis? Are they required to accept Utility bills as proof of ID? I am not sure how much flexibility GDPR gives them?

Many thanks

Le_Kirk

They are not required to see photo ID; what good would it do them? Do they have a database of every driver and keeper in the UK? The V5C should be good enough, along with maybe the PCN they sent to your address. If they continue to refuse to send your data then, as @Coupon-mad writes report them to the ICO.

LDast

NewAppeal34 said:

...plus any proof of ownership by means of a V5C.

A V5C does not prove ownership. In fact, if you look at the front of any V5C, it specifically states that it is not proof of ownership.

As mentioned by @Coupon-mad, report them to the ICO. All they need to verify is that the individual they have sent an NtK to is the person they are releasing data about. As you no longer have the V5C and you are not required to provide photo ID (you could just send a copy of your drivers licence with the photo redacted), a utility bill in the same name and address as the person they sent the NtK to should suffice.

Report them to their ICO for being obstructive and for failing to provide the necessary data within the required timescale. Inform their DPO of your action.

Gr1pr

So as seen above 

The SAR is about the S for Subject, nothing to do with vehicle ownership, there is no ownership register and ownership is irrelevant to the case 

Proof of being the data subject could be 2 recent utility bills, bank statements, council letters, mobile phone contracts, government letters, P60 statements,  all the regular written communications etc 

A person may not have a photocard driving licence or passport, possibly not have any photo ID whatsoever, but that doesn't stop them sending a SAR to any company, using suitable paperwork 

My brother has a pink driving licence ( no photo on it and never has been ) and does not have a passport either, so does not possess any photo ID at all, but does have 2 V5c documents and various utility bills and government documents and letters etc.  nobody can refuse him a SAR just for having no Photo ID 

NewAppeal34

Thank you all, 

I will give the DPO one more chance to release the data, while sending them 2 documents to proof of being the data subject without Photo ID. I will mention that if they fail to comply, I will complain to the ICO.

Since I moved and are not living at the old address where the initial PCN must have been sent to, do i need to prove the old address as well? I haven't received anything before the dcbl notice of debt recovery. 

Many thanks

Gr1pr

If you have that proof of a previous address that may be relevant, I see no harm in adding it to the bundle, overkill is better than not enough, you don't have to stop at 2 proofs at the new addeß use 3 or 4 if you want, would look better to the ICO 

Give the DPO 7 days to reply