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  • FIRST POST
    • Daintai
    • By Daintai 4th Sep 18, 8:39 PM
    • 53Posts
    • 22Thanks
    Daintai
    PCM ticket in February 2018/Gladstone Solicitor
    • #1
    • 4th Sep 18, 8:39 PM
    PCM ticket in February 2018/Gladstone Solicitor 4th Sep 18 at 8:39 PM
    Hi Guys,

    I have search for days on this forum and have not seen a case quite like mine.

    Ok so my sister was given a ticket with a valid permit displayed it was from Parking Control Management PCM back in February of this year for £100 reduce £60 in 14days. The parking control guy reason was she was not parked inside a parking bay. Even though there were other cars parked also parallel to her, she does not live there so she thought displaying the permit was her doing the right thing.

    She went to my house while I was on holiday and found out someone broke into my flat.

    She sent an appeal explain the urgency of her visit by email explain and with police reference. However the letter was sent in my name. They did not replay to either of us with a letter to either of our addresses allowing her the option to pay the £60. But only to received in few weeks in the post at my address Bailiffs requesting payment of £160, £60 addition for their charges.

    Only to find out this has been passed to Gladstone Solicitors. I called explain to them and they wrote to inform me that information was not accepted even though my sister had a police reference for the emergency on her parking on the side on the property.

    I don't know what to do now. Please can someone help me, or point me in the right direction as to what i should do next,IT will be hugely appreciated. I'm worried about CCJ.
    Last edited by Daintai; 24-03-2019 at 6:41 PM. Reason: SPELLING
Page 2
    • Daintai
    • By Daintai 7th Sep 18, 1:48 PM
    • 53 Posts
    • 22 Thanks
    Daintai
    email sent
    Email Gladstones, and send a copy in the post to PCM directly, written in the usual style of a formal letter (please don't ask about that, I am constantly amazed people sometimes do!) marked at the top and on the envelope 'for the urgent attention of PCM's data controller'

    And also, put cc: the IPC at the top left...opposite your address.
    Originally posted by Coupon-mad
    I sent a formal letter/email today and will post the same to the PCM tomorrow.
    • Coupon-mad
    • By Coupon-mad 7th Sep 18, 1:53 PM
    • 70,377 Posts
    • 82,950 Thanks
    Coupon-mad
    and will post the same to the PCM tomorrow.
    You can't do it on a Saturday unless you get to the PO before it closes (if open Saturday morning), as you need a FREE 'certificate of posting' at the counter (and keep that little receipt securely stapled to a copy of the letter that YOU keep as evidence, in your file at home).

    No 'recorded or special delivery' (please don't ask why not to expect a PPC to sign for something!). All that gives you is proof of NON-delivery...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Daintai
    • By Daintai 12th Sep 18, 8:46 AM
    • 53 Posts
    • 22 Thanks
    Daintai
    rejection and objection of handling my data
    Hi Coupon-Mad,

    so i have emailed Gladstone and post letter as advise. Below is the reply they sent to me via email this morning.
    Objection to Processing of Data and Rectification of Data

    We refer to your request regarding an objection to processing of data and rectification of data.

    Unfortunately, we cannot process your request because we can demonstrate compelling legitimate grounds for the processing of your data and which override the interests, rights and freedoms of you as an individual. That legitimate interest being that we are acting as our clientís representatives for the recovery of an unpaid Parking Charge Notice, which was appealed by yourself. To process your data is necessary and lawful, as it is required in furtherance of our clientís instructions, and we act for them on their rights and obligations for the recovery of such monies.

    We understand our Client has also contacted you in this regard.

    We must inform you that if you are not satisfied with our decision, the first stage is to contact us to request a review of our decision.

    In most cases we will review your request within 20 working days. We will contact you to let you know if the review process will take longer.

    If you are still not satisfied after the review, you have a right to complain to a supervisory authority. At this stage you should contact the Information Commissionerís Office (ICO) at Wycliffe, Wycliffe House, Water Lane, Wilmslow, SK9 5AF (Telephone 0303 123 1113). Please note that time limits may apply and so you should contact the ICO as soon as ever possible following our review decision.

    We must also advise you that you also have the right to a judicial remedy (ie claim compensation through the courts), if you remain unsatisfied with the outcome of a complaint to the supervisory authority and you believe there has been a breach of the General Data Protection Regulation 2018. The ICO cannot award compensation and so if you cannot reach an agreement with us on the amount of compensation where appropriate, you can apply to court. You should seek independent advice at any stage that you feel it necessary.



    Yours sincerely




    L Hay.....
    Gladstones Solicitors
    • Daintai
    • By Daintai 12th Sep 18, 8:47 AM
    • 53 Posts
    • 22 Thanks
    Daintai
    They never stop
    The nerve of these people!!
    • Daintai
    • By Daintai 13th Sep 18, 4:29 AM
    • 53 Posts
    • 22 Thanks
    Daintai
    data handling
    You can't do it on a Saturday unless you get to the PO before it closes (if open Saturday morning), as you need a FREE 'certificate of posting' at the counter (and keep that little receipt securely stapled to a copy of the letter that YOU keep as evidence, in your file at home).

    No 'recorded or special delivery' (please don't ask why not to expect a PPC to sign for something!). All that gives you is proof of NON-delivery...
    Originally posted by Coupon-mad
    HI Coupon-mad

    see email received above
  • archived user
    They have offered you a review so ask for a review.

    They have said, if you still don't like the outcome, then go to the ICO - so go to the ICO.

    Its the same judicial "wrap" - question / answer / review / escalation.
    • Daintai
    • By Daintai 13th Sep 18, 9:28 AM
    • 53 Posts
    • 22 Thanks
    Daintai
    Hi IamEmar...

    Thank you for that, so do i mention i will write to the ICO in my message or do i wait for their respond? I can't imagine them doing anything different or anything at all. I could be all talk to go to the next stage.
  • archived user
    Lawyers have to be clear. They have been. Whether you want to take them up on their offer is up to you.

    As mentioned there is a "wrap" which allows you to have "anything different" independently verified.

    A judge won't pre-judge anything so why would you pre-judge what the ICO will do? There is no need to mention the ICO in your communications, just say in line with their letter of xx/xx/xx you wish them to review their decision. Then see what happens.
    • Daintai
    • By Daintai 13th Sep 18, 5:37 PM
    • 53 Posts
    • 22 Thanks
    Daintai
    Lawyers have to be clear. They have been. Whether you want to take them up on their offer is up to you.

    As mentioned there is a "wrap" which allows you to have "anything different" independently verified.

    A judge won't pre-judge anything so why would you pre-judge what the ICO will do? There is no need to mention the ICO in your communications, just say in line with their letter of xx/xx/xx you wish them to review their decision. Then see what happens.
    Originally posted by IamEmanresu
    Ok, will do, thank you
    • Daintai
    • By Daintai 14th Sep 18, 6:27 PM
    • 53 Posts
    • 22 Thanks
    Daintai
    still processing...
    Ok, will do, thank you
    Originally posted by Daintai
    So even though I have given Gladstone my proof of not being in UK when the incident occurred they are still thinking they are in the right to process my details.

    Please see letter received today.

    Dear Mrs D.....

    Objection to Processing of Data and Rectification of Data

    We write further to your email of 13 September 2018, requesting a review of our decision made with regards to your request.

    We can confirm that our position remains the same as indicated within our emailed letter of 12 September 2018, namely that we are processing your data for the recovery of an unpaid Parking Charge Notice, on behalf of our client, in accordance with their instructions, that charge having been appealed by yourself to our Client.

    If you are still not satisfied after the review, you have a right to complain to a supervisory authority. At this stage you should contact the Information Commissionerís Office (ICO) at Wycliffe, Wycliffe House, Water Lane, Wilmslow, SK9 5AF (Telephone 0303 123 1113). Please note that time limits may apply and so you should contact the ICO as soon as ever possible following our review decision.

    We must also advise you that you also have the right to a judicial remedy (ie claim compensation through the courts), if you remain unsatisfied with the outcome of a complaint to the supervisory authority and you believe there has been a breach of the General Data Protection Regulation 2018. The ICO cannot award compensation and so if you cannot reach an agreement with us on the amount of compensation where appropriate, you can apply to court. You should seek independent advice at any stage that you feel it necessary.


    Yours sincerely
    L....
    • Daintai
    • By Daintai 14th Sep 18, 6:28 PM
    • 53 Posts
    • 22 Thanks
    Daintai
    Should i start to ignore these people now?
    • Daintai
    • By Daintai 17th Sep 18, 1:44 PM
    • 53 Posts
    • 22 Thanks
    Daintai
    They have offered you a review so ask for a review.

    They have said, if you still don't like the outcome, then go to the ICO - so go to the ICO.

    Its the same judicial "wrap" - question / answer / review / escalation.
    Originally posted by IamEmanresu
    Hi
    It seems as if it was not an offer to review my data, the decision is the same and they request for me to contact ICO.

    Im not quite sure where to go from here, see letter received last thursday. Thank you
    • KeithP
    • By KeithP 17th Sep 18, 2:46 PM
    • 14,317 Posts
    • 16,300 Thanks
    KeithP
    Is this not clear:
    They have said, if you still don't like the outcome, then go to the ICO - so go to the ICO.
    .
    • Daintai
    • By Daintai 17th Sep 18, 3:37 PM
    • 53 Posts
    • 22 Thanks
    Daintai
    Is this not clear:
    Originally posted by KeithP
    Hi Keith,
    I was advised to complete a complaint form online with all the corresponding emails/ letters and my evidence by one of their advisors. Thank you.
    • Coupon-mad
    • By Coupon-mad 18th Sep 18, 1:02 AM
    • 70,377 Posts
    • 82,950 Thanks
    Coupon-mad
    OK, so it's with the ICO now.

    That's good.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Daintai
    • By Daintai 27th Sep 18, 11:54 AM
    • 53 Posts
    • 22 Thanks
    Daintai
    OK, so it's with the ICO now.

    That's good.
    Originally posted by Coupon-mad
    Dear Co-Mad,

    i recently received another letter from Gladstone asking for payment within 14 days along with all the corresponding email we have exchanged.

    Also in one of the letters my sister did write in pretending to be me hence the reason they have my name but I was out of the country since 30 August 2017.

    Should I inform them I have written to the ICO? I haven't got a reference number but an automative email to say they have received my complaint.

    Please any heads up on how to proceed from here. Much appreciated.
    • Coupon-mad
    • By Coupon-mad 27th Sep 18, 12:37 PM
    • 70,377 Posts
    • 82,950 Thanks
    Coupon-mad
    Yes tell them you have complained to the ICO (show the auto email response) who will no doubt be in touch with their client. As such, they and their client must now consider this an 'Objection to Processing' data and must put any planned litigation 'on hold' whilst the data misuse question is investigated by the ICO.

    You should tell Gladstones this as a fact:
    in one of the letters my sister did write in pretending to be me hence the reason they have my name but I was out of the country since 30 August 2017.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Daintai
    • By Daintai 27th Sep 18, 1:00 PM
    • 53 Posts
    • 22 Thanks
    Daintai
    Yes tell them you have complained to the ICO (show the auto email response) who will no doubt be in touch with their client. As such, they and their client must now consider this an 'Objection to Processing' data and must put any planned litigation 'on hold' whilst the data misuse question is investigated by the ICO.

    You should tell Gladstones this as a fact:
    Originally posted by Coupon-mad
    Hi Coupon-mad

    Thank you very much, I have just emailed Gladstone.
    • Daintai
    • By Daintai 23rd Feb 19, 10:46 AM
    • 53 Posts
    • 22 Thanks
    Daintai
    County court business centre form
    Hi Coupon M

    Hope you are well. I hate to write back to you but unfortunately after our last conversation I have just received a court form in the post to fill. I did write to the ICO has advice but didnt get anywhere with them. I email them letters from the company as advise by them but the format was not compatible with their system. Its it too late now to resend them to delay this process? date of form is 20th Feb. Just a recap the ticket was written in name but i was abroad as i travel alot. My sister received the ticket. Could you let me know what i should do? I leave again a broad tomorrow and wont return for another 8 weeks or so. Desperately need advice. Thank you

    kind regards
    • KeithP
    • By KeithP 23rd Feb 19, 2:09 PM
    • 14,317 Posts
    • 16,300 Thanks
    KeithP
    Is it a Claim Form you have received from the County Court Business Centre?

    If so. what is the Issue Date on your Claim Form?
    .
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