Multiple PCNs in Scotland - Letter from DCBL

wickedadonis

Hello 

I've gone through multiple threads on this forum, and I would really appreciate if you can please give me some advice on how I should tackle this problem that I am in.

From June 2023, my car was parked few days every week in a retail park in Scotland. Little did I know I forgot to change my address on my V5, and when I did in Feb 2024, I received two PCNs from ECP (Euro Car Parks) in April 2024 at my new address for the two times the car was parked in April 2024. 

Then, I got letters from DRP where they threatened me (keeper) to pay those two PCNs that I received in April 2024 at my new address, and I ignored those too.

Yesterday, I got a "Notice of Debt Recovery' letter from DCBL using the same old threats to pay up and if I don't pay up in 14 days, they will take legal action etc. The shocking thing is that they have racked up all PCNs (total 27) from last year + this year, which is amounting to £4k. The letter does state "This case is not subject to High court of bailiff action". On the second page, under "Liability for this charge in Scotland and Northern Ireland" section, it states "The driver of the vehicle on the date and time of this parking charge being issued is responsible for payment".

The truth in all of this is that while they sent the PCNs, they were sent to my old address so I didn't receive those and I just got two PCNs from April 2024 for the two times the car was parked that month, and that's when I made sure it doesn't happen again.

I went through the newbies thread, so I tried appealing on ECP website, but I think that window is closed and they say I must reach out to DCBL. I am aware that there is no 'keeper liability' in Scotland yet, which was stated/confirmed on the second page of the letter that I received from DCBL, so I want to know whom should I now communicate to and how...to just let them know that I am just a keeper and I will not be liable for these charges. 

I would indeed be really grateful if you can please advise me on next steps that I must take to resolve this issue. 

And, a big thank you to everyone on this forum for sharing their problems/advice as that's been super helpful to me.

Thank you.













 

LDast

Do not contact DCBL, in any way shape or form. Ignore DCBL. You are correct in that there is no keeper liability in Scotland, for now.

You must send a data rectification notice to the PPC instructing their DPO to update your address for service to your current one and for them to erase the old address. Anything else, do not contact them.

You're waiting to see if they decide to issue a claim against the you, the keeper on the assumption that you were also the driver. They have no idea who the driver was unless you blab it to them, inadvertently or otherwise.

If they decide to combine all the PCNs into one claim, it is worth their while trying, however, as long as the driver is not identified, they have nowhere to go. The keeper is under no legal obligation to identify the driver.

wickedadonis

LDast said:

Do not contact DCBL, in any way shape or form. Ignore DCBL. You are correct in that there is no keeper liability in Scotland, for now.

You must send a data rectification notice to the PPC instructing their DPO to update your address for service to your current one and for them to erase the old address. Anything else, do not contact them.

You're waiting to see if they decide to issue a claim against the you, the keeper on the assumption that you were also the driver. They have no idea who the driver was unless you blab it to them, inadvertently or otherwise.

If they decide to combine all the PCNs into one claim, it is worth their while trying, however, as long as the driver is not identified, they have nowhere to go. The keeper is under no legal obligation to identify the driver.

Thank you for your prompt response. I will make sure to make NO contact with DCBL, because I know they are trying all these scaremongering tactics to bait the hook!!!

I got the DPO ECP email address --> DPO@eurocarparks.com. Could you please advise if there's a template that I can use to send this email to the DPO or shall I just mention what you stated? Also, should I include the blue appeal template as well from the newbies section, when I send the data rectification notice to the DPO claiming I am just the keeper?

Gr1pr

Just use a simple Data Rectification Notice to update ECP with the current address for the service of papers, nothing to do with parking, nothing to do with appealing, just a paper exercise with you as the data subject 

Do not add anything about the parking cases, apart from maybe one reference number, so they can identify you 

Add copies of ID because you have to prove that you are you, but no photo ID , so redacted copies of 2 recent utility bills would suffice, or similar 

LDast

You are too late to appeal anything so don't bother.

Subject: Data Rectification Notice – Update of Address for Service

FAO: Data Protection Officer,

I am writing to formally request the rectification of my personal data under Article 16 of the UK General Data Protection Regulation (UK GDPR). Please update your records to reflect my new address for service and erase all instances of my previous address from your records, in compliance with the Information Commissioner's Office (ICO) guidelines.

This data rectification request applies to any Parking Charge Notices (PCNs) issued to me by your company.

Previous Address:
[Your Old Address]

New Address:
[Your New Address]

Furthermore, please ensure that this updated information is communicated to any agents or third parties to whom my personal details have been passed, ensuring that they also rectify their records accordingly.

I require that you confirm in writing that the rectification has been completed and that my old address has been erased from your records. Additionally, please ensure that all future correspondence is directed to my new address.

Yours sincerely,

[Your Full Name]

You should probably attach a copy of the V5C to your request as identification that you are person who is the data subject.

wickedadonis

LDast said:

You are too late to appeal anything so don't bother.

Subject: Data Rectification Notice – Update of Address for Service

FAO: Data Protection Officer,

I am writing to formally request the rectification of my personal data under Article 16 of the UK General Data Protection Regulation (UK GDPR). Please update your records to reflect my new address for service and erase all instances of my previous address from your records, in compliance with the Information Commissioner's Office (ICO) guidelines.

This data rectification request applies to any Parking Charge Notices (PCNs) issued to me by your company.

Previous Address:
[Your Old Address]

New Address:
[Your New Address]

Furthermore, please ensure that this updated information is communicated to any agents or third parties to whom my personal details have been passed, ensuring that they also rectify their records accordingly.

I require that you confirm in writing that the rectification has been completed and that my old address has been erased from your records. Additionally, please ensure that all future correspondence is directed to my new address.

Yours sincerely,

[Your Full Name]

You should probably attach a copy of the V5C to your request as identification that you are person who is the data subject.

Thank you very much for your guidance! 

Can you please advise if I can share just redacted copies of 2 recent utility bills or do I need to share V5C? If I were to share V5C, should I share all pages or mask the information on some sections? I want to make sure that I share just the necessary information, and nothing more than that.

KeithP

wickedadonis said:

LDast said:

You are too late to appeal anything so don't bother.

Subject: Data Rectification Notice – Update of Address for Service

FAO: Data Protection Officer,

I am writing to formally request the rectification of my personal data under Article 16 of the UK General Data Protection Regulation (UK GDPR). Please update your records to reflect my new address for service and erase all instances of my previous address from your records, in compliance with the Information Commissioner's Office (ICO) guidelines.

This data rectification request applies to any Parking Charge Notices (PCNs) issued to me by your company.

Previous Address:
[Your Old Address]

New Address:
[Your New Address]

Furthermore, please ensure that this updated information is communicated to any agents or third parties to whom my personal details have been passed, ensuring that they also rectify their records accordingly.

I require that you confirm in writing that the rectification has been completed and that my old address has been erased from your records. Additionally, please ensure that all future correspondence is directed to my new address.

Yours sincerely,

[Your Full Name]

You should probably attach a copy of the V5C to your request as identification that you are person who is the data subject.

Thank you very much for your guidance! 

Can you please advise if I can share just redacted copies of 2 recent utility bills or do I need to share V5C? If I were to share V5C, should I share all pages or mask the information on some sections? I want to make sure that I share just the necessary information, and nothing more than that.

Just the top half of the front page of the V5c to show the vehicle's registration mark and the Registered Keeper's name and address.

Fruitcake

V5C, or utility bills are okay, but do not include photo' ID. You just need to provide something with your name and address on it. Ensure you use the word, "erase" when referring to your old data as it has a specific meaning where data handling is concerned.

Gr1pr

I would provide all 3 , the important sections are 

Your Name and the actual address to be used for the service of papers 
Date ( must be recent on the utility bills 
Sender ( Scottish power, DVLA, bank, whoever. )
VRM if its still the same vehicle on that V5c, so the page with all of them showing 

Redact photos, birthday, reference numbers, bank account details such as sort code and account number, amounts, payments etc

So no personal information other than proving that you are you and the address is correct 

Preferably do not use any photo id, so preferably no passport details or driving licence details, no birth certificate 

You dont give them any extra data than they already have, but you want your latest address to be used, MUST be used in future, and to ERASE your old address 

wickedadonis

Again, thank you very much @LDast, @Gr1pr, @Fruitcake, @KeithPfor your guidance and support. Really appreciate it!

I used the template that @LDast shared and attached two redacted copies of my recent utility bills and also shared my V5C with the DPO of ECP. 

Do we know by when we can expect a response from DPO of ECP? Just thought to ask so that I can send a follow-up email if I have not heard back from the DPO. 

Thank you.

Gr1pr

Presumably you gave them a deadline, say 30 days , but as long as you have copies of the email sent, proof , it doesn't actually matter because their DPO should act on the new information due to the nature of their job