What do I do? Email following passing over of driver details

Senorb

Johnersh said:

That's the GDPR, yes. And I agree that they requested info in good faith and are not required to immediately destroy it.

However, they've not addressed the main issue.

Write again and press the point that there is a difference between what they say in their letter and what the law actually requires. This is pre-proceedings so the recipient o/p has provided the necessary information. If the Claimant chooses to disregard that, it is their lookout, but they cannot maintain that they are unaware of the drivers' details.

You reserve the right to produce that correspondence to the court and to seek costs on the basis of unreasonable conduct.

Clearly, if the PPC could prove the o/p was driving that would be different... But it seems unlikely 

Hi, thank you for your help, I really appreciate it, I used your advice to reply to them, but today morning they replied with this, 

We can confirm that within your appeal of 01 March 2025, you advised you were not the driver on the date in question, however, no driver details were provided. We responded to your appeal, requesting the driver's details, outlining that the account would be held for seven days pending your response. No response was received within these seven days, meaning the account progressed correctly to the debt stage. As the driver's details were not provided in the apposite timeframe, within twenty-eight days of the date the Parking Charge was issued, you have lost the opportunity to transfer liability to the driver. As the Registered Keeper of the vehicle, you are held ultimately liable for this Parking Charge, and as such, we retain our legitimate interest in processing your data.

 

The balance outstanding on this account is £170.00, please contact our offices on +4419 3291 8916 to discuss payment options. In the absence of payment, this matter will continue to progress.

 

Car1980

Dear ZZPS

Your correspondence has now crossed the threshold of committing an offence.

I will now proceed to file a report with ActionFraud.

And do so: https://www.actionfraud.police.uk/

Umkomaas

The BPA took legal advice on what 'brings proceedings' means. 

https://portfolio.cpl.co.uk/Parking-News/395/26/

Umkomaas

Gr1pr said:

Senorb said:

Gr1pr said:

So which Parking Company are ZZPS representing   ?

Hi it's GBP MANAGEMENT LIMITED 

So, it's a BPA AOS member , probably a tiny outfit because I hadn't heard of them 

Looks like one man and his dog. Seems they operate on just a couple of residential sites. They issue permits to residents at their 'Permit Surgeries' - cash only!  Says enough!

https://www.gbparking.uk/our-services

Half_way

who's car park was this and where? if known

Coupon-mad

Senorb said:

Johnersh said:

That's the GDPR, yes. And I agree that they requested info in good faith and are not required to immediately destroy it.

However, they've not addressed the main issue.

Write again and press the point that there is a difference between what they say in their letter and what the law actually requires. This is pre-proceedings so the recipient o/p has provided the necessary information. If the Claimant chooses to disregard that, it is their lookout, but they cannot maintain that they are unaware of the drivers' details.

You reserve the right to produce that correspondence to the court and to seek costs on the basis of unreasonable conduct.

Clearly, if the PPC could prove the o/p was driving that would be different... But it seems unlikely 

Hi, thank you for your help, I really appreciate it, I used your advice to reply to them, but today morning they replied with this, 

We can confirm that within your appeal of 01 March 2025, you advised you were not the driver on the date in question, however, no driver details were provided. We responded to your appeal, requesting the driver's details, outlining that the account would be held for seven days pending your response. No response was received within these seven days, meaning the account progressed correctly to the debt stage. As the driver's details were not provided in the apposite timeframe, within twenty-eight days of the date the Parking Charge was issued, you have lost the opportunity to transfer liability to the driver. As the Registered Keeper of the vehicle, you are held ultimately liable for this Parking Charge, and as such, we retain our legitimate interest in processing your data.

 

The balance outstanding on this account is £170.00, please contact our offices on +4419 3291 8916 to discuss payment options. In the absence of payment, this matter will continue to progress.

 

Did you report this arguably fraudulent information?

You could also report this to the Competition and Markets Authority ('the CMA') as a breach of the Digital Markets, Competition and Consumers Act (DMCC Act)

226 Misleading actions

(1)For the purposes of this Chapter, a commercial practice involves a misleading action if the practice involves—

(a)the provision of false or misleading information relating to a product, a trader or any other matter relevant to a transactional decision,

(b)an overall presentation which is likely to deceive the average consumer about a matter relating to a product, a trader or any other matter relevant to a transactional decision,

(c)any marketing of a product which creates confusion, or is likely to create confusion, with any product, trade mark, trade name or other distinguishing mark of another trader, or

(d)a failure to comply with a requirement in a code of conduct to which subsection (5) applies in circumstances where the trader asserts that the trader acts in compliance with that code.

and specifically from the CMA we have this clarity about the new aspects to prevent consumer harm:

https://assets.publishing.service.gov.uk/media/67ee863298b3bac1ec299c81/Technical_note.pdf

page 10:

"A misleading omission can occur if the commercial practice omits information required under ‘any other enactment’"

In other words, lying about the law.

Umkomaas

Are we going to see both sides of your first notification from GBP - their Notice to Keeper, as we asked?