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#Post#: 34427--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: DWMB2
Date: August 23, 2024, 5:37 pm
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You might want to write to them with your proposed resolution
before leaping straight in to a Letter before County Court
proceedings. The courts expect you to treat court as a last
resort, not the first thing you do when you have a dispute.
#Post#: 34450--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 24, 2024, 7:42 am
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--- Quote from: DWMB2 link ---
>
> You might want to write to them with your proposed resolution
before leaping straight in to a Letter before County Court
proceedings. The courts expect you to treat court as a last
resort, not the first thing you do when you have a dispute.
>
--- End Quote ---
Thank you again, I've toned it down massively and removed any
mention of court.
#Post#: 34454--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: August 24, 2024, 8:30 am
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You write to them separately with a complaint about yourGDPR
data breach. If they don’t respond, you can send them a Letter
or Claim. Give them a tease of their own medicine.
#Post#: 34472--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 24, 2024, 10:42 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> You write to them separately with a complaint about yourGDPR
data breach. If they don’t respond, you can send them a Letter
or Claim. Give them a tease of their own medicine.
>
--- End Quote ---
Understood, I will be sending them seperately on Monday. Thank
you again for your help.
#Post#: 34521--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: Dave65
Date: August 25, 2024, 6:38 am
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In Writing post send 1st class with free certificate of posting
at a Post Office.
#Post#: 34523--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: August 25, 2024, 7:18 am
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Don’t post. Use email.
#Post#: 34540--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 25, 2024, 12:57 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Don’t post. Use email.
>
--- End Quote ---
They do say they don't deal with "appeals" using their usual
contact form, and don't seem to have a corporate email as far as
I know.
They have an online appeals form, but that obviously doesn't
provide me with a record and asks me for personal details and to
agree with terms I don't agree to.
Would it be fine to just send both letters to their complaints
email? I assume they wouldn't start lecturing me about company
policy if I make it clear they have the wrong guy, but that
might be a big ask.
#Post#: 34546--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: August 25, 2024, 2:09 pm
---------------------------------------------------------
It’s not an appeal. You’ve nothing to appeal. They have obtained
your personal data illegally.
Complain by email to their complaints email address. Warn them
that they have breached your GDPR and if they refuse to cancel
the PCN, you reserve the right to sue them for compensation
under the Data Protection Act 2018 for any distress and anxiety
this has caused you.
Tell them that you are making a complaint to the ICO and do so.
If they do not cancel, you report them to their ATA, the BPA.
I really don’t understand why you should have to spend time
writing to these vermin and, as some have suggested, go out and
find a post office so you can see them a complaint. You have
nothing to appeal. Your personal data has been obtained
illegally.
I suggest you email them a letter along the following lines as a
pdf:
--- Quote ---
> Unlawful Obtaining of Personal Data and Incorrect Issuance of
Parking Charge Notice
>
> Dear Sirs,
>
> I am writing in relation to Parking Charge Notice (PCN)
reference [PCN Reference Number], issued to my vehicle
registration number XK59XXX. I bring to your attention the
following points:
>
> [indent]1. Incorrect Issuance of PCN: The vehicle captured in
your ANPR image has a registration number XK69XXX and is of a
completely different make and model than my vehicle. I have
never owned or driven the vehicle in question, nor have I ever
visited the location stated in the PCN. This clearly indicates
an error on your part in reading the ANPR image.
>
> 2. Failure to Adhere to BPA Code of Practice: As a member of
the British Parking Association (BPA), you are required to
comply with the BPA Code of Practice, specifically section
21.5a(d), which mandates manual quality control checks of ANPR
images. It is apparent that you failed to perform these checks,
leading to the incorrect issuance of the PCN.
>
> 3. Unlawful Acquisition of Personal Data: Given your failure
to comply with the BPA Code of Practice, you were not entitled
to obtain my personal data from the DVLA under the terms of the
KADOE contract. Consequently, my personal data has been obtained
unlawfully.
>
> 4. Distress and Anxiety: The actions of your company have
caused me significant distress and anxiety and I believe I am
entitled to compensation for this.[/indent]
>
> I now demand that you:
>
> [indent]- Immediately cancel the PCN and confirm in writing
that this has been done.
>
> - Delete all personal data you have obtained unlawfully and
confirm in writing that this has been done.
>
> - Compensate me for the distress and anxiety caused by your
unlawful actions.[/indent]
>
> If I do not receive a satisfactory response from you within 14
days of the date of this letter, in addition to the formal
complaint I have filed with the Information Commissioner's
Office, I intend to take legal action in the County Court for
damages under the Data Protection Act 2018.
>
> I look forward to your prompt response.
>
> Yours faithfully,
--- End Quote ---
Additionally, you must inform the DVLA of Smart Parking's
conduct and their misuse of your personal data. The DVLA has a
responsibility to ensure that the data they provide is used
lawfully and appropriately.
The DVLA is jointly and severally liable for the misuse of your
personal data.
So, you are not appealing. You are complaining and are entitled
to compensation. Send the suggested letter and see what they
come back with.
#Post#: 34548--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: August 25, 2024, 2:59 pm
---------------------------------------------------------
Also, SAR them. You need to see everything they hold on you.
#Post#: 34591--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 26, 2024, 7:14 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> It’s not an appeal. You’ve nothing to appeal. They have
obtained your personal data illegally.
>
> Complain by email to their complaints email address. Warn them
that they have breached your GDPR and if they refuse to cancel
the PCN, you reserve the right to sue them for compensation
under the Data Protection Act 2018 for any distress and anxiety
this has caused you.
>
> Tell them that you are making a complaint to the ICO and do
so.
>
> If they do not cancel, you report them to their ATA, the BPA.
>
> I really don’t understand why you should have to spend time
writing to these vermin and, as some have suggested, go out and
find a post office so you can see them a complaint. You have
nothing to appeal. Your personal data has been obtained
illegally.
>
> I suggest you email them a letter along the following lines as
a pdf:
>
> [quote]Unlawful Obtaining of Personal Data and Incorrect
Issuance of Parking Charge Notice
>
> Dear Sirs,
>
> I am writing in relation to Parking Charge Notice (PCN)
reference [PCN Reference Number], issued to my vehicle
registration number XK59XXX. I bring to your attention the
following points:
>
> [indent]1. Incorrect Issuance of PCN: The vehicle captured in
your ANPR image has a registration number XK69XXX and is of a
completely different make and model than my vehicle. I have
never owned or driven the vehicle in question, nor have I ever
visited the location stated in the PCN. This clearly indicates
an error on your part in reading the ANPR image.
>
> 2. Failure to Adhere to BPA Code of Practice: As a member of
the British Parking Association (BPA), you are required to
comply with the BPA Code of Practice, specifically section
21.5a(d), which mandates manual quality control checks of ANPR
images. It is apparent that you failed to perform these checks,
leading to the incorrect issuance of the PCN.
>
> 3. Unlawful Acquisition of Personal Data: Given your failure
to comply with the BPA Code of Practice, you were not entitled
to obtain my personal data from the DVLA under the terms of the
KADOE contract. Consequently, my personal data has been obtained
unlawfully.
>
> 4. Distress and Anxiety: The actions of your company have
caused me significant distress and anxiety and I believe I am
entitled to compensation for this.[/indent]
>
> I now demand that you:
>
> [indent]- Immediately cancel the PCN and confirm in writing
that this has been done.
>
> - Delete all personal data you have obtained unlawfully and
confirm in writing that this has been done.
>
> - Compensate me for the distress and anxiety caused by your
unlawful actions.[/indent]
>
> If I do not receive a satisfactory response from you within 14
days of the date of this letter, in addition to the formal
complaint I have filed with the Information Commissioner's
Office, I intend to take legal action in the County Court for
damages under the Data Protection Act 2018.
>
> I look forward to your prompt response.
>
> Yours faithfully,
--- End Quote ---
Additionally, you must inform the DVLA of Smart Parking's
conduct and their misuse of your personal data. The DVLA has a
responsibility to ensure that the data they provide is used
lawfully and appropriately.
The DVLA is jointly and severally liable for the misuse of your
personal data.
So, you are not appealing. You are complaining and are entitled
to compensation. Send the suggested letter and see what they
come back with.
[/quote]
Understood! Thanks for the template. I'll complain and see where
it goes then, I'll also be complaining to the ICO and DVLA, as
well as the client landowner.
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