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#Post#: 21101--------------------------------------------------
Question about obtaining keeper details
DIR By: WhoLetTheScamsOut
Date: April 30, 2024, 6:53 am
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This is more of a question about ppc obtaining keeper details.
So the pcn in question occured on the 18/03/24 and was also
issued on the 18/03/24 and via post NTK yet I received it today
30/04/24 with 4 other tickets. The PPC is Smart Parking LTD,
very easy to beat I have the template so problems there. My
question is, is it possible for Smart Parking LTD to obtain
keeper details from DVLA the same day as the contravention
occured and also issue it on the same day? I feel like they did
not obtain keeper detail from DVLA for this one charge as the
time of contravention was after 6/7pm and on this site as long
as the vehicle is registered by 11:59pm on the day no ticket is
issued. Obviously sending a SAR request will tell me all I need
to know which I will be doing. But other than raising a complain
with BPA and KADOE DVLA is there anyone else I can complain to?
#Post#: 21104--------------------------------------------------
Re: Question about obtaining keeper details
DIR By: DWMB2
Date: April 30, 2024, 7:47 am
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--- Quote from: WhoLetTheScamsOut link ---
>
> My question is, is it possible for Smart Parking LTD to obtain
keeper details from DVLA the same day as the contravention
occured and also issue it on the same day?
>
--- End Quote ---
Theoretically yes, but in this case the timings suggest it is
unlikely that it entered the postal system on the same date.
#Post#: 21120--------------------------------------------------
Re: Question about obtaining keeper details
DIR By: WhoLetTheScamsOut
Date: April 30, 2024, 10:24 am
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--- Quote from: DWMB2 link ---
>
> [quote author=WhoLetTheScamsOut
link=topic=1778.msg21101#msg21101 date=1714478035]
> My question is, is it possible for Smart Parking LTD to obtain
keeper details from DVLA the same day as the contravention
occured and also issue it on the same day?
>
--- End Quote ---
Theoretically yes, but in this case the timings suggest it is
unlikely that it entered the postal system on the same date.
[/quote]
Turns out the vehicle was registered on the database to be
exempt from charge yet was still issued a ticket. Getting
cancelled but still will lodge a complaint for unreasonable
cause
#Post#: 21147--------------------------------------------------
Re: Question about obtaining keeper details
DIR By: b789
Date: April 30, 2024, 4:15 pm
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They had no "reasonable cause" to request your data from the
DVLA which is a breach of your GDPR. If you wanted to really put
them on the spot you could file your own claim for the breach.
Article 12 of the UK GDPR legally requires data controllers to
store and process personal data accurately: clearly, any data
controller issuing an invoice to you because it has wrongly
recorded that you parked in breach of the alleged contract
between you and the landowner (or, as in this case, an agent of
the landowner) is processing your personal data unlawfully.
The precedents for claiming damages and compensation for such
unlawful processing are the decisions of the Court of Appeal in
Zeta Jones & Douglas v Hello! Magazine [2003] EWHC 786 and
Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ
333, both being binding on all County Courts in England and
Wales. In the latter claim, Mr Halliday was awarded
compensation of £750 at what the Court regarded was the lowest
level of award, and although this was a claim under Section 13
of the Data Protection Act 1998, similar provisions - amended to
take account of a decision by the EU Grand Chamber that the 1998
Act did not properly implement EU law into UK domestic
legislation - replaced the old Section 13 provisions with
Article 12 of the UK GDPR and Section 168 of the Data Protection
Act 2018.
In short, you ought to give 21 days notice (the pre-action
protocol only really requires 14 days but hey, you can be
charitable!) to the data controller of your intention to seek
(say) £300 nominal damages and compensation under Article 12 of
the UK GDPR and Section 168 of the Data Protection Act 2018 for
their unlawful processing of your personal data: you could say
that you will not file your claim with the County Court if they
confirm in writing that all references to this alleged debt have
been deleted within (say) 14 days. Clearly mark your letter as a
"Letter before County Court proceedings".
Anyone who is fairly confident can claim as a litigant-in-person
in Part 27 proceedings in the County Court (commonly but wrongly
described as "the Small Claims Court"). Each party is
responsible for their own legal costs whether they win or lose
and the claim for £300 can be issued online for a fee of £35 at
moneyclaimonline.gov.uk which also gives useful advice if you
want to have a look at what is involved. Your claim will
automatically be listed as being for a total of £335, i.e. the
successful party gets their Court fees back.
#Post#: 21219--------------------------------------------------
Re: Question about obtaining keeper details
DIR By: H C Andersen
Date: May 1, 2024, 10:45 am
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Just hold on.
OP, in your first post you made no mention of the car being on
an exempt list and therefore all 5 'tickets' must have been
issued in error, but rather you implied that the SMART
template(PCN not in accordance with PoFA presumably) would win
the day.
I would have thought that you'd have been more annoyed at their
repeated failure to consult this exempt list and consequently
issue PCNs than, IMO, pretty left field GDPR arguments.
Anyway, if you're confident that you can get the PCNs cancelled
then isn't it the case that any further matters should be
referred to the Flame Pit?
#Post#: 21229--------------------------------------------------
Re: Question about obtaining keeper details
DIR By: WhoLetTheScamsOut
Date: May 1, 2024, 12:54 pm
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--- Quote from: H C Andersen link ---
>
> Just hold on.
>
> OP, in your first post you made no mention of the car being on
an exempt list and therefore all 5 'tickets' must have been
issued in error, but rather you implied that the SMART
template(PCN not in accordance with PoFA presumably) would win
the day.
>
> I would have thought that you'd have been more annoyed at
their repeated failure to consult this exempt list and
consequently issue PCNs than, IMO, pretty left field GDPR
arguments.
>
> Anyway, if you're confident that you can get the PCNs
cancelled then isn't it the case that any further matters should
be referred to the Flame Pit?
>
--- End Quote ---
I did a bit more digging into the matter. The first ticket
issued was on a Monday where the vehicle was on the entered on
the exemption list for that day or else more tickete wouldve
come through the post via ANPR. The other 4 tickets were on
another day 3 on the same day but those were over the weekend
where the car forgot to register for exemption but they will be
cancelled 100%. It’s just the issue with the first one for being
ticketed even though it was on the exemption list. The site has
2 different set of rules. The first set of rules (main rules)
every car must have a valid permit on display as it’s an
authorised only car park controller via ANPR. The second set
(which would apply to the vehicle in that situation) is to
register the vehicle for daily exemption and mentions nothing
about a permit being needed. The site has 2 hours grace between
6am and 4pm monday-friday and reduced to 10mins outside of these
hours. As the vehicle was on site after hours where the 10mins
apply vehicle was registered to become authorised for use of car
park.
#Post#: 21236--------------------------------------------------
Re: Question about obtaining keeper details
DIR By: H C Andersen
Date: May 1, 2024, 3:05 pm
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The site has 2 hours grace between 6am and 4pm monday-friday and
reduced to 10mins outside of these hours. As the vehicle was on
site after hours where the 10mins apply vehicle was registered
to become authorised for use of car park.
? ?
#Post#: 21243--------------------------------------------------
Re: Question about obtaining keeper details
DIR By: DWMB2
Date: May 1, 2024, 3:41 pm
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--- Quote from: H C Andersen link ---
>
> Anyway, if you're confident that you can get the PCNs
cancelled then isn't it the case that any further matters should
be referred to the Flame Pit?
>
--- End Quote ---
The discussion seems (for now) to be relating solely to live
cases, rather than purely theoretical discussion, so it seems
fine for it to be here.
WhoLetTheScamsOut, like HC I'm slightly confused by your
description of the terms and conditions. I could take a guess
but that would be potentially counterproductive, we'd need to
see the signs. Although probably not of much importance if
you've already submitted appeals that are likely to succeed.
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