Appeal advice for NTK received pls

MyMSEName

https://forums.moneysavingexpert.com/discussion/comment/82133626#Comment_82133626

Ah yes, the complaint, will do.

And if I then begin the process with POPLA, is that what you mean by 'pull out at POPLA in October'?

Yes, and pretty sure I've uploaded pics of all the signs on-site.

Time permitting, might have a recce to see if they've added any more since. Won't matter if they have though, given that I've got the receipts.

Good to know about the 33 days, but will ensure it's done before then.

I really do appreciate your guidance, I'd be stuck without it.

Coupon-mad

Done the ICO email yet? That was urgent which is why I said to do it last weekend.

It was meant to be in hand and active by now so ECP might know about it.

MyMSEName

https://forums.moneysavingexpert.com/discussion/comment/82140474#Comment_82140474

Hi, thanks for the follow up. I was going to provide an update but you beat me to it.

Yes, it took a while getting it right, and had problems uploading images on the ICO Complaint Portal. So had to send separate emails with the pic's of signs etc.

Anyway, today, I received an email from ECP with the attached pdf/letter, informing me that my appeal has now been successful and the Parking Charge cancelled.

Also, I subsequently received another email from the DPO, confirming my appeal had been upheld, resulting from a further review of the the circumstances and the info' provided.

(I sent a follow up email in response to the initial rejection, reiterating the points raised, and asking for the decision to be reconsidered)

Therefore, because the Parking Charge was cancelled, the DPO stated: 'we no longer have a lawful basis to continue processing your personal data for enforcement purposes'.

This is a great relief because, otherwise, this weekend would've been spent doing the POPLA appeal.

Am I right in assuming it's no coincidence, and that it was the escalation of the complaint to the ICO that has had the desired effect?

If so, Coupon-mad strikes again!

Coupon-mad

Haha - I'll take that!

Most of the wording I gave you for the unfair ADM and lack of privacy notice complaint was AI generated, but it was factually and legally correct (in my view) and it read well, didn't it?!

Data misuse and lack of GDPR privacy notice complaints are clearly worth flooding to the ICO, well done!

ECP are running scared of Regulator complaints right now, so more people should scrutinise entrance signs for a lack of GDPR privacy notice at the threshold and (after complaining to DPOs first), then report parking firms to the ICO.

This is also a worthwhile extra tactic we could use (at any stage) for any other breaches of ANPR and CCTV surveillance rules (see the ICO's website).

😁

Your case went from this:

…to this, in a few days:

It can only be the ICO complaint that led to this U-turn because the DPO had already fobbed you off and your case wasn't winnable at POPLA either (you had not paid enough) so this was your get out of jail free card!

Nice work.

Wonder if you'll get an outcome from the ICO in the end? Post it here if you do. You might not, given ECP dropped it like a hot potato!

🤣

MyMSEName

https://forums.moneysavingexpert.com/discussion/comment/82143355#Comment_82143355

Right, yes it did, but I did furnish the DPO email further with some wording C&P from a google search.

Thanks, yes, well it definitely worked in this case, and absolutely would encourage others to do so.

And, yes, I thought afterwards that having been rejected by both DPO & ECP then it had to be the escalation, and subsequent intervention from the ICO.

'It escalated quickly', because the effect was immediate, having received the good news the day after lodging the ICO complaint, and sending the accompanying emails.

Wow, I didn't realise that was the case had I started the POPLA appeal, no wonder ECP virtually encouraged me to go down that route. Defo dodged a bullet there, so I'm extremely grateful for your input.

They certainly did 'drop it like it's hot'. I will indeed. I did actually send a further email to ICO thanking them, and notifying them that they need not spend any more time on my case as my appeal was successful.

Although, hoped that the evidence I provided supports the investigation, being as it's still in the evidence gathering stage.

I will provide further updates should I receive them.

But, in the meantime, between time, thanks again, and be well. 🙏🏻