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  • FIRST POST
    • beamerguy
    • By beamerguy 14th May 18, 7:15 PM
    • 7,803Posts
    • 10,379Thanks
    beamerguy
    For the clever minds on here
    • #1
    • 14th May 18, 7:15 PM
    For the clever minds on here 14th May 18 at 7:15 PM
    For the clever minds on here

    Probably like me, you are starting to receive letters
    or emails from companies you deal with saying that
    to receive info from them, you need to OPT-IN

    This is about GDPR commencing 25th of May 2018

    Whilst I understand that the ATA CoP for the BPA as
    an example, states that PPC's can instruct debt
    collectors which means passing data to DC's, surely the
    new GDPR now overrides this as the public needs to
    OPT-IN and agree to receive unsolicited information

    Considering the parking industry is unregulated, any
    CoP must comply to the law

    https://ico.org.uk/for-organisations/business/

    Thoughts please ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
Page 2
    • Coupon-mad
    • By Coupon-mad 15th May 18, 8:21 PM
    • 59,555 Posts
    • 72,717 Thanks
    Coupon-mad
    Can someone post the direct link that clarifies that a SAR is free, please?

    I want to start making plans for a SAR bomb in EVERY case. What I plan is that every single appellant here, and everyone handling a claim or set aside or debt letters, does a SAR as a matter of course. Day in day out, all the time, to pee them off and take their time, and expose evidence that might help appeals/defences, of course.

    The despicable private parking 'industry' deserves this as an ongoing attack by consumers.

    What does everyone think about a second string to the SAR bomb bow, would there be grounds to also, always throw a SAR at the principal as well, e.g. Tesco every time we see a Highview PCN, Hospitals every time we see a NHS Trust PCN, etc.

    Are there legs in that, or is the data processor the PPC only?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • ffacoffipawb
    • By ffacoffipawb 15th May 18, 8:34 PM
    • 2,482 Posts
    • 1,636 Thanks
    ffacoffipawb
    Consent is a red herring if a company has another reason to hold and process your data.

    Where it gets interesting is the removal of the £10 for a SAR - so you can demand all the information held about you for free and in addition as others have already mentioned, not correctly updating information when informed of an address change, for example, could result in large fines.
    Originally posted by kryten3000
    We should all blitz the parking scum for free SAR's - tie them up in knots and cost them a fortune!
    • Castle
    • By Castle 15th May 18, 8:42 PM
    • 1,818 Posts
    • 2,486 Thanks
    Castle
    Can someone post the direct link that clarifies that a SAR is free, please?
    Originally posted by Coupon-mad
    Article 12 paragraph 5, (Article 15 refers to a SAR):-
    https://gdpr-info.eu/art-12-gdpr/
    • Johnersh
    • By Johnersh 15th May 18, 8:49 PM
    • 1,105 Posts
    • 2,127 Thanks
    Johnersh
    Consent is a red herring if a company has another reason to hold and process your data
    .
    Agreed - and what I had been trying to say.
    I think for a non POFA NTK, the PPCs would rely on 'legitimate interests' in 1(f).
    Noted. Although it doesn't really matter insofar as they can show a reason to process data and we all agree that (at least in principle) they will be able to show that.
    We should all blitz the parking scum for free SAR's - tie them up in knots and cost them a fortune!
    Do bear in mind that the duty is not unfettered. There are controls to stop abuse. But if everyone applied that would be an additional burden, yes.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • beamerguy
    • By beamerguy 15th May 18, 8:53 PM
    • 7,803 Posts
    • 10,379 Thanks
    beamerguy
    https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

    Scroll down

    Can we charge a fee?
    In most cases you cannot charge a fee to comply with a subject access request.

    However, as noted above, where the request is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Loadsofchildren123
    • By Loadsofchildren123 16th May 18, 4:03 PM
    • 2,224 Posts
    • 3,728 Thanks
    Loadsofchildren123
    'Genuine' seems to be the operative word. Because until a debt is adjudicated (or agreed) as owed, there can be no 'genuine' creditor - surely?
    Originally posted by Umkomaas

    No. I think that there would be a presumption that an asserted debt is a genuine claim until it's adjudicated upon and dismissed. Otherwise all creditors (including honest ones) would be seriously disadvantaged. Processing/retention of data in relation to a claimed debt has to be a legitimate reason, even if it's a PPC!
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Computersaysno
    • By Computersaysno 17th May 18, 12:36 PM
    • 972 Posts
    • 765 Thanks
    Computersaysno
    I believe that we need to detail how the adventurous amongst us can use GDPR to set up the PPC and then extract cash from them.


    I started another thread months ago, titled Maxing Out the Counterclaim [aka Make the Scum sorry they got out of bed today].....and I believe that DPA and GDPR can really help us in this matter.


    Can some of the erudite people on here lay out how we could make sure the PPC trip up and how we then stomp all over them [and get paid for doing so]...
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • Coupon-mad
    • By Coupon-mad 18th May 18, 1:26 AM
    • 59,555 Posts
    • 72,717 Thanks
    Coupon-mad
    Sounds like the start of a plan.

    Certainly I plan to change the NEWBIES thread next week to tell everyone with a:

    - PCN
    - debt letter
    - LBC
    - claim

    ...to always, always send a SAR. People are entitled to it. EVERY SINGLE TIME.

    This will mean PPCs will have to deal with SARs as well as appeals for every case, and still get no money from any person who posts or lurks here, and the silent readers too, and their families.

    Spread the word, the PPC 'SAR bomb campaign' is coming.

    People should go the same to any firm that offers no service. I can think of a few who deserve it.
    Last edited by Coupon-mad; 18-05-2018 at 1:28 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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