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  • FIRST POST
    • RippedOffBritain
    • By RippedOffBritain 25th Oct 18, 1:56 AM
    • 13Posts
    • 6Thanks
    RippedOffBritain
    [ En Te See] NTK ignored :( [Bee UU Legal] follow up advice please
    • #1
    • 25th Oct 18, 1:56 AM
    [ En Te See] NTK ignored :( [Bee UU Legal] follow up advice please 25th Oct 18 at 1:56 AM
    Ok, so I have asked a couple of prominent members for some advice via Pm, purely on some specifics that it is felt identify this case completely and whether these factors constitute any part of a defence in ‘Law’ as opposed to just ‘common sense’, or not. but was advised to create a post anyway, I believe this case is at the ‘Debt collector stage’, so would like confirmation of that please,

    Hi, This post/thread has been started even though it probably shouldn’t at this stage ”apologies” (yes I have read through a lot of posts, and am well aware that this case isn’t unique,
    But There are some Relatively unique or rather specific identifying defence information that it is believed can’t/(don’t think it advisable at this stage) to air on an open forum without making the case identity obvious to a prying eye and despite reading the acronym Glossary would just like some confirmation that the thoughts on the next step is correct rather than ‘do nothing’ at this point and find that there is a misunderstanding of which stage the case is at?

    So Far…

    The keeper received a postal PCN/NTK around a week after the alleged contravention, from NTC well over 6 months ago, addressed to the keeper and showing the date & time and an exiting picture of a car registered to keepers address leaving the car park in question.
    Having looked on the forum back then and after printing out the template letter at the time, there was an intention to make the appeal as there are quite compelling extenuating circumstances, however for whatever reason, Procrastination/complications with ‘life’/forgetfulness until it was long past the submission date for appeal, so none was made.

    Well over 6 months passed and the keeper received a” Letter” from BW Legal stating that they have been instructed by the aforementioned scammers in relation to the balance due for the PCN.
    It continues:- The Balance due includes the £100 PCN charge plus Our Clients initial Legal costs of £60 which are detailed in the car park or signage terms and conditions. Followed by lots of generic Blurb that has been seen repeated on this site, including threatening sounding CCJ speak, 6 times in 6 lines.
    This letter was accompanied by one from ‘apparently’ NTC despite being printed on the same paper on the same printer at the same time as the BW Legal headed letter effectively stating that they have passed keepers account to BW Legal their approved legal service provider.

    [Detail removed for now until hopefully discussed in PM,]

    The original PCN/NTK shows a picture of the car leaving the car park, the Parking Charge Details list the Date and Time of Contravention that corresponds with a time ***************************, but without an entry picture, the exact timings cannot be known, if it can be assumed that the exit time has been stated?
    Has it?
    Does the one picture and one date and time make it reasonable to assume, yes I know, I know ??) there is no mention of the entry time ??

    The keeper has only been provided with an exit photo and a ‘time of offence’ time?? Should They have been provided with an entry time and exit time along with the photo of both? The photo provided has no actual time and date detail on it? But I assume this may have been cropped out?
    Clearly the keeper should have appealed at initial NTK stage… but didn’t so is this the 2nd stage? Or is this still the debt collector stage.[are Bee UU Legal] considered debt collectors at this stage until writing the LBC notifying of Court proceedings?
    So Just to confirm, The keeper should ignores this current letter even though it’s from an apparent solicitor?? If the sticky’ thread has been understood .
    They need to:-
    wait for the Letter of claim now they’ve missed any appeal potential,
    Wait for LBC from BW Legal
    Then complete MCOL and AOS, Then prepare a defence which will be filed on MCOL?
    Or should they need to request info from BW Legal? with SAR first?
    What stage should this be done ? After receiving an LBC? Assuming this letter isn’t (seems like the first letter from BW Legal so are they still debt collectors?
    OR should the SAR be directed at NTC rather than BW Legal
    There is another case Very similar on here, but with but with a failed initial appeal which hasn’t progressed at this time.

    Again apologies for the extended post that is probably premature and missing detail However having failed to appeal the original NTK the Keeper is very keen to make sure any subsequent actions are carried out correctly.

    ROB

    As always any and all answers are gratefully received
    I Will re-read #2 of the stickies’ and also search a template SAR, but if any particular ones are recommended it would be appreciated. Thanks
    Last edited by RippedOffBritain; 26-10-2018 at 12:25 AM. Reason: easier to read ;)
Page 1
    • fisherjim
    • By fisherjim 25th Oct 18, 8:11 AM
    • 3,289 Posts
    • 5,062 Thanks
    fisherjim
    • #2
    • 25th Oct 18, 8:11 AM
    • #2
    • 25th Oct 18, 8:11 AM
    Sorry, I lost the will to live reading all that cryptic rubbish, this is a simple parking forum not an episode of a BBC espionage series!


    Do you really think the regulars that volunteer on here have the time to decipher all that, which as far as I can tell is no different to any other scam pcn!
    • Fruitcake
    • By Fruitcake 25th Oct 18, 8:51 AM
    • 37,785 Posts
    • 84,817 Thanks
    Fruitcake
    • #3
    • 25th Oct 18, 8:51 AM
    • #3
    • 25th Oct 18, 8:51 AM
    Much of what you have written is irrelevant. The road closure, the shop being closed, what the driver was doing etcetera. I suggest you delete all of the non relevant stuff.

    The BB scheme does not apply on private land.

    The basics are, The Driver parked in a car park. The keeper got a NTK. You are correct that none of this is unique.

    There is no problem writing NTC and BW Legal on here. Just make sure reference is only ever made to The Driver and The Keeper. Please confirm the full name of the PPC just so we are sure. There are many companies with similar initials. There are some companies with the same initials.

    I accept PM's, but I reserve the right not to acknowledge them. If I can help, I will. If I can't, or don't know the answers, I will tell you.

    You can check how long I have been a member, my post count and thanks count. If you are unsure, wait to see if any of the regulars vouch for me.

    I think the BW letter is a LBC, but can't be 100% certain without seeing it.

    On the assumption that it is a LBC, you should respond robustly to it, and ask for more information including dates and times of alleged event, and photo' evidence of same with the metadata included.

    You should also get your own pics of the site including the entrance, and signage. I would suggest the car park itself isn't used for this unless an occupant of the car is using the facilities provided by the landowner/retailer.

    Do you still have the NTK? If so you can post a redacted copy here by uploading it to a web hosting site, then pasting the URL here, but change http to hxxp. Someone here will change it back to a live link.

    If you don't have the NTK then you should ask BW for a copy.
    Last edited by Fruitcake; 25-10-2018 at 8:58 AM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Umkomaas
    • By Umkomaas 25th Oct 18, 8:56 AM
    • 20,255 Posts
    • 31,952 Thanks
    Umkomaas
    • #4
    • 25th Oct 18, 8:56 AM
    • #4
    • 25th Oct 18, 8:56 AM
    wait to see if any of the regulars vouch for me.
    Fruitcake is a stalwart of this forum. 100% trusted.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • RippedOffBritain
    • By RippedOffBritain 25th Oct 18, 9:11 AM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    • #5
    • 25th Oct 18, 9:11 AM
    • #5
    • 25th Oct 18, 9:11 AM
    Feared such a response by the time I'd finished but rewritten it over and over after reading various responses on here saying either. "How do you expect help without detail" or "you have written it in a manner that admits liability of who. The driver is.. " along with " they do read these forums"...

    When you don't understand the law and feel the simple facts give away your case and asking for clarification on whether something has any basis in law, again the specifics of which give the case away, leaving it ending up how you have perceived it.


    On the assumption that the PPC's monitor the forum I didn't see the point in making it easy for them that a simple search took them straight to their cases so apologies for making yet another mistake

    ROB
    • fisherjim
    • By fisherjim 25th Oct 18, 9:24 AM
    • 3,289 Posts
    • 5,062 Thanks
    fisherjim
    • #6
    • 25th Oct 18, 9:24 AM
    • #6
    • 25th Oct 18, 9:24 AM
    Feared such a response by the time I'd finished but rewritten it over and over after reading various responses on here saying either. "How do you expect help without detail" or "you have written it in a manner that admits liability of who. The driver is.. " along with " they do read these forums"...

    When you don't understand the law and feel the simple facts give away your case and asking for clarification on whether something has any basis in law, again the specifics of which give the case away, leaving it ending up how you have perceived it.


    On the assumption that the PPC's monitor the forum I didn't see the point in making it easy for them that a simple search took them straight to their cases so apologies for making yet another mistake

    ROB
    Originally posted by RippedOffBritain



    Ha ha don't worry I just think you over egged it a bit, fruitcake is a bit of a sleuth though!
    • RippedOffBritain
    • By RippedOffBritain 25th Oct 18, 9:27 AM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    • #7
    • 25th Oct 18, 9:27 AM
    • #7
    • 25th Oct 18, 9:27 AM
    Thank you... You are obviously a BBC Drama Fan as you have effectively re-written the post correctly��

    So again thankyou..

    I totally understood fisherjim's post, but until someone confirmed what can and can't be stated was struggling...

    Pm to follow as again it is a case of wanting to know whether what I consider relevant, has any basis in law at all...
    And thank you for the recommendation Umkomaas! Not needed in this instance but so welcome all the same!

    ROB
    • RippedOffBritain
    • By RippedOffBritain 25th Oct 18, 9:29 AM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    • #8
    • 25th Oct 18, 9:29 AM
    • #8
    • 25th Oct 18, 9:29 AM
    Indeed
    Though he probably just thought
    "I'm sure I've Seen this one!!!"
    ��
    • Fruitcake
    • By Fruitcake 25th Oct 18, 9:34 AM
    • 37,785 Posts
    • 84,817 Thanks
    Fruitcake
    • #9
    • 25th Oct 18, 9:34 AM
    • #9
    • 25th Oct 18, 9:34 AM
    Ha ha don't worry I just think you over egged it a bit, fruitcake is a bit of a sleuth though!
    Originally posted by fisherjim

    That would be Fruitcake, not fruitcake. There is or was another poster of the latter username. We wouldn't want sensitive information going to the wrong person.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • fisherjim
    • By fisherjim 25th Oct 18, 12:20 PM
    • 3,289 Posts
    • 5,062 Thanks
    fisherjim
    That would be Fruitcake, not fruitcake. There is or was another poster of the latter username. We wouldn't want sensitive information going to the wrong person.
    Originally posted by Fruitcake

    Just confirms my sleuth assumption again!
    • RippedOffBritain
    • By RippedOffBritain 26th Oct 18, 6:58 AM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    Ok so information update,

    NTC Norwich Traffic control Limited NTK redacted pdf :-

    hxxps://uploadfiles.io/wetpy

    Picture of a sign taken the day after keeper received NTK here:-

    hxxps://ufile.io/ndatv

    BW Legal letter to follow :-

    hxxps://ufile.io/lxky0

    Pretty certain this is the standard fodder from BW and is still an ignore untill LBC ? but posted for clarification

    PLEASE CAN AN EXPERIENCED FORUMITE CREAT THE LINKS FOR ME,

    some specific questions, as well as any obvious suggestions for issues with the paperwork gratefully received.

    1. the picture is not time and date stamped (just shows the rear of a vehicle (registered at the keepers adress) 'apparently' leaving the carpark , then typed text in the section beside the photo suggest a contravention time and date.Should the actual picture be time and date stamped?

    2.or should it be assumed that the picture provided has been cropped from a larger one which will be time stamped?
    does the Claimant have to show the car 'parked' to prove a contravention? and or coherent entry and exit pictures at least to show time spent in the carpark? [with date and timestamps again?]
    3. the reason I have specifically asked these questions is that the Vehicle has on a selection of different occasions been driven onto the carpark in question purely as a result of excessive traffic build-up and literally head to head traffic unable to pass so the car park has been used to 'get out of the way' of a flow of traffic in the opposite direction, before returning to the highway and continue the journey... in isolation this exit picture 'could' easily be as a result of such a manoeuvre ?
    I guess I have to write an SAR once LBC is received to request all photographic evidence they have?


    Thanks for looking..

    ROB
    Last edited by RippedOffBritain; 26-10-2018 at 12:10 PM.
    • Coupon-mad
    • By Coupon-mad 26th Oct 18, 11:35 PM
    • 63,939 Posts
    • 76,569 Thanks
    Coupon-mad
    https://uploadfiles.io/wetpy

    That's a non-POFA NTK, only capable of holding a known driver liable. Nothing in there about warning the keeper recipient that they will/can be held liable. No wording from 8(2)f or 9(2)f of Schedule 4.

    Usual desperate 'pay us money' signs:

    https://uploadfiles.io/ndatv

    BW Legal letter, not a LBC but I would reply to it and ask for all evidence relied upon:

    https://uploadfiles.io/lxky0

    But surely none of this (below) matters if the contravention was not inputting the VRN to register the car as that of a member of staff or patient?

    The original PCN/NTK shows a picture of the car leaving the car park, the Parking Charge Details list the Date and Time of Contravention that corresponds with a time **********, but without an entry picture, the exact timings cannot be known, if it can be assumed that the exit time has been stated? Has it?
    Does the one picture and one date and time make it reasonable to assume, yes I know, I know ??) there is no mention of the entry time ?
    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
    • RippedOffBritain
    • By RippedOffBritain 27th Oct 18, 2:15 AM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    Thanks for sorting the Links CM,
    and Agreed ref Pofa, Thankyou, 'Fruitcake' had kindly pointed that out for me but said to post everything in case there was anything they had missed.

    So I will request full information held from BWL, NTC and the DVLA at this point then (FC had initially thought the letter could be LBC, But then thought otherwise, But suggested as you have that I should make contact to request full information Thank you

    ref the sign, are you suggesting that none of the defences holds if the Contravention is "Vehicle Not signed in at reception ".?

    Or that if the contravention is lack of signing in, then it wouldn't need an entry pic?
    Or the single exit picture and lack of an entry picture or both timings?

    My contention is that without either entry and exit pics timestamped (as I had assumed was required) or a 'parked' picture, There is no proof of parking at all, merely of driving out of the carpark?
    The siting of this carpark is next to a primary school, in fact it is the use of the carpark by these parents that probably encouraged the Landowner to employ the PPC in the first place, I digress, but the point is that I have on occasion driven into this carpark literally to allow the flow of traffic to pass in the opposite direction when the very narrow street was chock-a-block with traffic, and numerous cars ahead of me and behind that wouldn't move, so the resultant exit pic would look identical to the one provided.
    Can you explain what you meant with that line please,

    Cheers and thanks for your thoughts,

    ROB
    • Coupon-mad
    • By Coupon-mad 27th Oct 18, 2:46 AM
    • 63,939 Posts
    • 76,569 Thanks
    Coupon-mad
    ref the sign, are you suggesting that none of the defences holds if the Contravention is "Vehicle Not signed in at reception ".?
    No, but talking about no proof of parking only works if the car was only there very briefly, for 5 -10 minutes for example.

    Or that if the contravention is lack of signing in, then it wouldn't need an entry pic?
    No.
    Or the single exit picture and lack of an entry picture or both timings?
    No.

    My contention is that without either entry and exit pics timestamped (as I had assumed was required) or a 'parked' picture, There is no proof of parking at all, merely of driving out of the carpark?
    Yes, if the timings are brief, this allows a ''no fair grace periods allowed'' defence, like here in a case won today re 14 minute in/out ANPR images:

    https://forums.moneysavingexpert.com/showthread.php?t=5851620&page=4

    HTH
    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
    • RippedOffBritain
    • By RippedOffBritain 27th Oct 18, 1:05 PM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    No, but talking about no proof of parking only works if the car was only there very briefly, for 5 -10 minutes for example.
    Originally posted by Coupon-mad
    Yes, if the timings are brief, this allows a ''no fair grace periods allowed'' defence, like here in a case won today re 14 minutes in/out ANPR images:

    hxxps://forums.moneysavingexpert.com/showthread.php?t=5851620&page=4
    Yes saw this thread through to completion, excellent result

    Cannot be 100% certain on the timing hence ideally wanting both entry and exit but in this region of time5-10-15mins? cannot be certain but certainly Very short period Yes
    The carpark was also virtually empty because of the time " closed for lunch" so 'dependent on exact entry time', as exit time shows 7 mins after closure of the medical practice for lunch,

    No.
    No.

    HTH
    Thanks


    ROB
    Last edited by RippedOffBritain; 27-10-2018 at 1:09 PM. Reason: tidying quotes
    • Coupon-mad
    • By Coupon-mad 28th Oct 18, 1:52 AM
    • 63,939 Posts
    • 76,569 Thanks
    Coupon-mad
    exit time shows 7 mins after closure of the medical practice for lunch
    So it would have taken the driver time to ascertain that fact and the timings/when it would next be open, and they would have had to have briefly parked to go and find that out from a sign on the door of the premises, and then leave, having NOT accepted any contract to park.
    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
    • RippedOffBritain
    • By RippedOffBritain 8th Nov 18, 2:05 PM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    Have been busy trying to sort out a move for my mother since, but now that's fallen through I finally have some time to get stuff done, but BW have ramped things up again...
    Can someone kindly convert the link for me please

    https://nfil.es/c7mUaa folder contains 2 files ,redacted copy of BW LEGAL LOC & redacted LOC additional information pack and claim payment form [other wise known as Toilet paper I believe?] selecting the files opens previews so that the files do not have to be downloaded any more , hope this works for you as the assistance is greatly appreciated.

    Rather behind time, I am now preparing SAR for NTC and DVLA, do I also do BW L ? or as I have read elsewhere this is not necessary? EDITED, re-read CM's suggestion that although not LBC, would still request all detail.. So as I missed the original appeal opportunity with NTC and this is or will be my first connection with BWLegal, should this be a simple SAR request or to form some sort of rebuttal?

    ROB
    Last edited by RippedOffBritain; 10-11-2018 at 3:11 AM. Reason: changed hosting solution to prevent necessity to download files and added further text question
    • KeithP
    • By KeithP 8th Nov 18, 2:17 PM
    • 10,684 Posts
    • 11,066 Thanks
    KeithP
    Sorry, I won't be downloading files to my machine.

    Can I suggest you host them somewhere else?
    .
    • RippedOffBritain
    • By RippedOffBritain 9th Nov 18, 10:15 PM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    SAR to NTC after LOC received
    I'll try and find another way of hosting the letter
    EDIT:- NEW HOSTING SOLUTION INSERTED IN POST ABOVE THANKS FOR YOUR ASSISTANCE THUS FAR!!

    REPEATED HERE IF YOU DIDN'T OPEN IT ABOVE
    [ https://nfil.es/c7mUaa ]


    In the meantime does this SAR look on to send or please offer amendments as appropriate please.red sections added from Loadsofchildrens suggestions in the SAR fightback thread...


    Norwich traffic Control Ltd.
    T/A Norwich Traffic Control
    Sackville Place, Business Centre
    44-48 Magdalen Street,
    Norwich
    NORFOLK
    NR3 1JU

    09/11/18




    FTAO:-The Data Protection Officer – Norwich Traffic Control Limited -This is a Subject Access Request (SAR)
    Dear Sir/Madam
    I believe you hold personal data on myself. It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of personal data collection. “Such Data is collected by your ANPR camera systems”. It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I, therefore, request access to my personal data, that you hold pursuant to Article 15 of the General Data Protection Regulation which, as you will be aware came into force on 25th May 2018.
    The vehicle in question is with VRN: XXX XXX and the information I require is to include, but not limited to your NTC ref.XXXXX. And in any case from the beginning of March 2018 up to now.
    Please find enclosed/attached a copy of the aforementioned NTK XXXXX along with a copy of my V5 to act as proof of my identity. It should be noted that you do not have my consent to retain this document, please dispose of it securely once you have read it!
    You should be aware, that I require a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

    Please advise as to the following:

    1. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
    1. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
    2. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.
    3. Please provide me with a copy of, or access to, my personal data that you have or are processing.
    2. Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
    3. Please provide a list of all third parties with whom you have (or may have) shared my personal data.
    1. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
    2. Please also identify which jurisdictions that you have identified in 1-1 above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions’ have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
    3. Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
    4. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
    5. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
    6. If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.
    7. This should include any and all images, whether Still or CCTV, documentation concerning my Name and Address and VRN XXX XXX
    8. I am aware that the ICO considers this to be a simple request and therefore it is ‘free’ to the requestor.


    Yours Sincerely,
    My Name as Registered keeper of VRN XXX XXX
    Last edited by RippedOffBritain; 10-11-2018 at 4:11 PM. Reason: ADDED PREVIOUS REPLACED LINK AND AMENDED TEXT
    • RippedOffBritain
    • By RippedOffBritain 10th Nov 18, 5:47 PM
    • 13 Posts
    • 6 Thanks
    RippedOffBritain
    In addition to the SAR to NTC, is this one suitable for the DVLA? and is it ok to email them this one to
    "SubjectAccess.Requests@dvla.gsi.gov.uk"


    Restriction of automated decision-making and data release under GDPR Article 22

    Dear Sir/Madam,

    I understand from reading the privacy notice provided by DVLA here:

    https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/personal-information-charter

    that DVLA will release my personal details to private and public-sector organisations providing they can demonstrate reasonable cause to receive it. It is also my understanding that this information is released electronically and automatically without human intervention using the Keeper at Date of Event (KADOE) system.

    This arrangement falls under the scope of Article 22 of the GDPR, which states:

    “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.” [GDPR Article 22(1)]

    My concern is that this automated process does not:
    i. check that reasonable cause exists, or;
    ii. check that the KADOE System user has met their contractual requirement with DVLA, which includes verification:
    a) that information from the records are used for the reason given;
    b) that evidence exists that an unauthorised parking incident occurred;
    c) there is a valid and current agreement in place between the private parking operator and the landowner of the specific site in question to authorise the private parking operator to operate the parking scheme on their land and to take legal action to recover a charge on their behalf.

    As such, I now request that any and all DVLA records containing my personal details as Registered Keeper of AA11BBB be marked as frozen so that all future decision-making involves human intervention and that - where the request is not from the Police or a Local Authority - I am always contacted by the DVLA in advance of the release of my data, so that as the data subject with rights as set out in the GDPR, I can express my point of view, obtain an explanation of the decision to share data and, if applicable, challenge it.

    Please take express note that I am not requesting for a restriction of processing under Article 18 of GDPR but am instead exercising the rights for data under Article 22(3) which states:

    “… the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.” [GDPR Article 22(3)]

    In this case, automated decision making is not required for entering into, or performance of, a contract between the data subject (in this instance, me as Registered Keeper of a vehicle) and a data controller (in this instance, either the DVLA or the appropriately named individual in a private company). Hence the exclusion given in Article 22(2)(a) does not apply.

    Further, I note that while Regulation 27 of the Road Vehicle (Regulations and Licensing) Regulations 2002 provides a legal gateway for release of this information, it does not specify the means by which this data release should occur. I therefore contend that there is no Union, nor Member State, law applicable in this regard under Article 22(2)(b), and the provisions of Article 22(1) thus apply.

    The only remaining applicable exclusion for automated decision-making therefore is given in Article 22(2)(c), which relies on the explicit consent of the data subject. This explicit consent had not previously been given, and by this letter you are now notified of this in addition to the withdrawal of any implied consent on which you may have been previously assumed and/ or been reliant.

    Please confirm by return that you have fully understood the content of this letter, specifically my rights as a data subject and the provisions under GDPR Article 22(3), and that my records will be appropriately marked for human intervention and written contact to me, as the data subject, prior to release to any and all private companies.

    Failure to acknowledge this request will immediately be met with letters of complaint to the ICO and my MP.

    Yours Sincerely



    Or is the simpler:-

    separate email to SubjectAccess.Requests@dvla.gsi.gov.uk of the following form for each of my cars with date ranges covering the entire period of my ownership

    “Subject : Subject Access Request VRM 123 ABC

    DVLA Vehicle Record Enquiries section
    Longview Road
    Morriston
    Swansea
    SA99 1AJ

    Dear Sirs

    Re: VRM 123 ABC

    As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details ou?. Please advise the information with regards to events between 01/01/2011 and 10/11/2018.

    I understand there is no charge for this information and look forward to your speedy reply.

    Reg Keeper
    Current address
    xxxxx
    xxxxx
    xxxxx”


    has there been a ‘better or more reliable set of responses with either approach? I would add something regarding the request to prevent further use of my data .??
    Last edited by RippedOffBritain; 10-11-2018 at 5:52 PM.
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