DCBL £170 Notice of Debt Recovery

Coupon-mad

doneitburgers said:

if this whole system is a scam - why does anyone pay for parking, if they can just get out of every parking fine even if they are liable?

Because in our very long experience, the average driver is a much more morally upright person than the average cling-on who has jumped on the private parking money-spinning bandwagon.

And these aren't fines.

And most people don't realise how easy they are to defend.  And not ALL are beatable.

Please don't think it is OK not to pay for parking, or to deliberately abuse private land. That isn't what we do here at all and there really is not the connection you might think.

Us regulars always pedantically read signs, comply with terms (avoiding private land wherever possible and instead parking on-street, away from scams) and if there's a small fee to park, we pay it.  Just NOT a PCN!

We never get PCNs.

We encourage people never to risk a PCN.

And behind the scenes the battle is being fought to bring the Labour Government up to speed and get the promised proper statutory regime over the line, after 5/6 years of feet-dragging.

doneitburgers

do i ask the data protection officers to erase the specific address i moved from? or do i ambiguously mention any other addresses except this one that i then provide to them?

Coupon-mad

Say:

erase all addresses held except

NEW ADDRESS AND POSTCODE

fisherjim

doneitburgers said:

if this whole system is a scam - why does anyone pay for parking, if they can just get out of every parking fine even if they are liable?

In addition to what C-M has said, you need to realise that the companies that dish out these charges do not play by the rules either, they lie, they cheat, they falsify evidence and never use the appeals process as it is supposed to be intended.

Also as the majority make absolutely nothing out of the actual car park charges, they provide a free service to the land owner or even pay the landowner to patrol the land "to trap the cash" as in the Beavis case. 

Their only revenue comes from motorists mistakes, over staying, parking on the line etc. etc., so the more rules to break the more they make, which is wrong, and why we fight back.

I listen to a consumer programme on Three Counties Radio; recently a motorist parked her car in a supermarket car park, went shopping, came out and the police / fire brigade were there as her car had burst in to flames, it was a write off.

Guess what, a week later she got a NTK from a PPC, and the ANPR photos showed her car driving in and going out some hours later on the back of a low loader.

She came to the programme as they rejected her appeal, with a template reply about signage / time on site / driver's responsibilities etc., etc.

That is why we fight the dimwits!

doneitburgers

Ok, so Data Protection Officers were both emailed at different times during the weekend. Responses are obviously template in nature, but I'm interested in the response from Britannia:

Britannia

"Please be aware individuals have the right to have their personal data erased if:

• the personal data is no longer necessary for the purpose for which it was originally collected or processed for;

• the entity in question is relying on consent as their lawful basis for holding the data, and the individual withdraws their consent.

 

We are processing your information in relation to a breach of contract. Britannia Parking's lawful basis is contractual, not consensual, therefore, until the contract is resolved, we have a lawful basis to retain your information and we will not be able to remove your data.

 

Therefore, we reserve the right to proceed with Debt Recovery and/or further litigation processes where applicable."

There is no mention here of the UK GDPR's Article 16 "Right to Rectification" - whereby an individual has the right to their personal data being rectified. Britannia would also fall under Article 5.1(d) whereby they are required to take every reasonable step to ensure that data is accurate.

They have, under the ICO, a month to update my details, and could deliberately send correspondence to my old address during that period. Do i have a leg to stand on, from a GDPR point, if they were to continue to hold/use my old address after this period?

Coupon-mad

Of course.  But they don't mean that. They are just saying they have not resolved the case yet so they have to store your old address too (after all it appears on the NTK which they must hold onto, if the case is to proceed).

As long as they have noted the correct address for service then they and their agents must use that.  You could follow up and remind them of that.

doneitburgers

Britannia yesterday requested the Parking Charge reference or vehicle registration, and my address at time of contravention in order to "locate you within our system". It's fair enough that they can't confirm my data through just my full name.

What information should/shouldn't I provide?

Coupon-mad

The Parking Charge reference or vehicle registration, and your address at the time.

doneitburgers

I was on a job near my old address (very lucky as many many miles from my current one) and managed to gain lawful access to the property. No one has moved into my old building, and as such I found all my letters strewn over the floor. I now have a PARKING CHARGE AMOUNT DUE and FINAL NOTICE letter, both months old, with Parking Charge Number.

Britannia have now updated my address of service. How should I proceed?

Coupon-mad

Compare the PCN to the two versions in my NTK pictures thread.  Which do you have?