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#Post#: 31699--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: July 31, 2024, 5:23 am
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I sent it to the email address listed on the letter:
pto@cityoflondon.gov.uk
#Post#: 31721--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: H C Andersen
Date: July 31, 2024, 9:24 am
---------------------------------------------------------
Then IMO send another!
On *** I sent the attached email which formed a SAR.
On **, I received the attached response from Parking Services.
May I please request that the Corporation of the City of London
processes my SAR in accordance with GDPR requirements and your
own policies and not pass to someone who, as the reply makes
clear, is not able to discharge your duty.
I would add that the time imperative which applied for my first
request is now even more pressing and I trust you will therefore
give my request the urgency required.
#Post#: 31872--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: August 1, 2024, 11:18 am
---------------------------------------------------------
I responded to the PTO and separately sent the SAR directly to
the Information Officer at City of London (along with HC
Anderson's helpful wording)
The PTO has sent me this:
HTML https://imgur.com/TB68a0U
HTML https://imgur.com/KEfKh5J
The Information Officer has sent me this:
--- Quote ---
>
> Subject Access Request (SAR) under the Data Protection Act
2018 (DPA)
>
> We write in regard to your email as initially received by the
City of London’s Parking Ticket Office on the 30 July 2024, and
your further email of the 31 July 2024 as received by the
Compliance Team, who are responsible for the management of SARs.
We note that in both email you have requested access to the
personal data, as attached, in relation to a PCN.
>
> Firstly, please note that your original email of the 30 July
2024, has not been passed on to the Compliance Team and as such
we were unaware of your request until your further email of the
31 July 2024. As we have now been informed of your request, we
log the request within our records and begin the SAR process.
>
> In regard to your SAR note that you requested access to
personal data in relation to the following:
>
>
> (OP NOTE: My original SAR request repeated here)
>
>
> This request will now be processed, and we aim to respond by
30 August 2024.
>
> Please note that SARs are required to be responded to within
one month of receipt of the request, under the regulations set
out by the UK GDPR and integrated by the Data Protection Act
2018.
>
> We note that you would like us to also send a copy of the SAR
response by post to you, and therefore we ask that you please
provide further information as to the postal address you would
like us to send the response to.
>
> The DPA 2018 contains some exemptions to, and constraints on,
disclosure, which may need to be considered in relation to the
information requested.
>
> If you have any queries, please contact me on the information
shown below, or see the information available on our website:
Data Protection Policy - City of London
> Yours sincerely,
>
> Sophie Jordan–Dicey
> Compliance Manager – DP & FOI
> Comptroller and City Solicitor’s Department
> 0207 332 1243
> Information.officer@cityoflondon.gov.uk
> Data Protection Policy - City of London
>
>
--- End Quote ---
It's good that the PTO has renewed the hold on CDER's
enforcement action for another 21 days. I hope I receive the
data from the SAR before that.
Thanks for all the help.
#Post#: 31875--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: H C Andersen
Date: August 1, 2024, 1:08 pm
---------------------------------------------------------
Good re CDER.
But, it's outrageous that parking have interjected in a process
which has nothing to do with them at this point.
I would write back to Sophie..
Dear ****
SAR Request *****
Thank you for your letter dated *** and I am reassured that at
last the Corporation is processing my request. However, I have
to set this against the enclosed letter from L. Burgess which,
apart from being extra-procedural as regards a SAR, could also
be seen as being intimidating. This arises because my
circumstances are such that an informed submission to the
Traffic Enforcement Centre (which may only be submitted once and
may not be amended) is predicated upon receiving the information
which you will supply, albeit perhaps not before the end of the
period of 30 days, and yet L. Burgess makes it clear that they
will only stay the actions of their agent for 21 days.
I would hope that you are able to reassure me that the left and
right hands of the council are working together and that all
further communications regarding my SAR will come from your
office alone.
#Post#: 33810--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: August 19, 2024, 8:05 am
---------------------------------------------------------
Having sent a response to Sophie following the recommended
approach, I received this back:
HTML https://imgur.com/cxadiJm
Considering it'll be coming up to the 21-day deadline this week,
do you recommend paying the CDER bailiffs before they contact me
again (with the hope of getting a refund)? Or should I wait a
couple of days to see if I either receive the SAR data or for
CDER to make another demand?
Thanks
#Post#: 33816--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Pressman
Date: August 19, 2024, 8:35 am
---------------------------------------------------------
Based on the justifications provided by CDER, it is clear that
issuing a Rule 6 Notice under the Pre-Action Conduct and
Protocol is not just a suggestion, but a strategic move that can
significantly enhance your case. This approach is more effective
than relying on a Subject Access Request (SAR).
CDER has proactively set its own deadlines, underscoring the
importance of issuing a Rule 6 Notice.
When CDER fails to comply with a Rule 6 Notice for the exchange
of information and evidence, or they seek to delegate
responsibility to a third party, it will seriously weaken any
defence if you decide to pursue a claim for breaching the
Enforcement Provisions. The court will view CDER's
non-compliance as a sign of their unwillingness to cooperate,
which could significantly impact their case.
Moreover, the deadlines under Rule 6 are more rigorous,
compelling CDER to adhere to your timeline. This means that you
can expect a more prompt and efficient exchange of information,
which can be crucial in legal proceedings.
By contrast, the informal nature of communication under a SAR,
combined with the absence of penalties for non-compliance,
offers little leverage when dealing with bailiffs.
#Post#: 33841--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: H C Andersen
Date: August 19, 2024, 11:35 am
---------------------------------------------------------
IMO, contact parking ASP, refer to this letter and ask whether
they have instructed their agent to stay further action and for
how long.
Keep the dialogue going.
If you don't get a response before the deadline then IMO pay and
write to parking, refer to your-yet to be written letter- say
you're disappointed to have not received a reply and
consequently you have paid the debt purely as a tactical measure
designed to minimise any potential liability and in no way may
it be construed as an admission of liability for the penalty.
#Post#: 34023--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: August 21, 2024, 6:17 am
---------------------------------------------------------
[member=2185]Pressman[/member]: I appreciate your suggestion but
having searched online about issuing a Rule 6 notice, I only
find information aimed at legal professionals and is hard to
understand in practical layman terms. It sounds like a good
option if I was either legally savvy or engaged a legal advisor.
@H C Anderson: Thanks – I have contacted parking about the stay
of action and await their response.
#Post#: 35045--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: August 30, 2024, 7:07 am
---------------------------------------------------------
An update:
PTO has stayed enforcement action until 2 September. Yesterday,
I received the SAR from Sophie at City of London.
I’ve listed, in chronological order, what was sent and point out
what is missing in the spreadsheet image below. Any reference to
correspondence since the start of this forum post is avoided to
avoid repetition. I think it’s important to point out a few
things:
- The SAR did not contain any correspondence between City of
London and the agents/bailiffs
- The SAR is missing the Charge Certificate. This is the only
correspondence I did receive at the time (but have lost it
since)
- I moved to a new address on 16 July 2022, which is more than 3
weeks after I challenged the Charge Certificate notice (the time
frame they estimate to deal with the enquiry). The next
correspondence they sent was in November which is hardly
reasonable.
HTML https://imgur.com/TOKq9vH

I’ve also attached links to the redacted versions of the
original correspondence that was included in the SAR including:
- PCN Notice
HTML https://drive.google.com/file/d/1oAkDPuS4xJLZ7-TLPswQAAcAcIHj41Ft/view?usp=share_link
- Response to my Challenge of the Charge Certificate
HTML https://drive.google.com/file/d/1xx8dfwhA5oD9pZgmkqjg-yGAyC0zHfy1/view?usp=sharing
- Order to Recover
HTML https://drive.google.com/file/d/1xx8dfwhA5oD9pZgmkqjg-yGAyC0zHfy1/view?usp=sharing
Questions:
- Is the contents of the SAR sufficient to complete the PE2 and
PE3?
- If so, how do you suggest I approach it?
Let me know if anything else needs clarifying.
TIA
#Post#: 35064--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Hippocrates
Date: August 30, 2024, 8:37 am
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This is a shame as the PCN has serious defects and this is a GLA
side road.
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