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#Post#: 36732--------------------------------------------------
Penalty charged revealed through SAR but PCN not issued - Next
steps to proactively deal with it?
DIR By: FaeLLe
Date: September 13, 2024, 4:46 am
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Hi all,
While dealing with a (major) private parking company I performed
a SAR and they sent me many papers.
I did not recognise a specific PCN charge; upon looking at the
details, I noticed that they have kept images (personal data),
but the PCN is not one of the documents provided in the
response.
I do not want to deal with this in an uncertain future, so I
would like to address the situation proactively.
From what I understand, if 28 days have passed and a PCN has not
been issued, they have no legal basis for recovery and hence no
legal basis to retain my personal information.
Should I verify that the SAR was complete and that they did not
just 'miss out' on the PCN (I will merely ask them to confirm
that the request did not miss any information)? If they confirm
that the SAR was complete, I was hoping to object to the
processing of my information (right to erasure under GDPR) and
ask them to delete all the information they hold on file against
that PCN.
Any thoughts pls? The only information available about this PCN
is pictures on the website and those provided through SAR.
#Post#: 36734--------------------------------------------------
Re: Penalty charged revealed through SAR but PCN not issued -
Next steps to proactively deal with it?
DIR By: DWMB2
Date: September 13, 2024, 4:55 am
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Are you able to show us redacted versions of what they have
shown you for this (potential) charge?
The existence of ANPR images is not always indicative of the
existence of a PCN.
--- Quote ---
> From what I understand, if 28 days have passed and a PCN has
not been issued, they have no legal basis for recovery and hence
no legal basis to retain my personal information.
--- End Quote ---
I think you may be confusing the rules for council notices with
private parking (e.g. your reference to 'penalty' in the thread
title). It is 7 months for BPA operators and 6 months for IPC
members rather than 28 days (although they will not be able to
use Schedule 4 of the Protection of Freedoms Act to recover the
charge from the keeper).
#Post#: 36741--------------------------------------------------
Re: Penalty charged revealed through SAR but PCN not issued -
Next steps to proactively deal with it?
DIR By: FaeLLe
Date: September 13, 2024, 6:01 am
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--- Quote from: DWMB2 link ---
>
> Are you able to show us redacted versions of what they have
shown you for this (potential) charge?
>
> The existence of ANPR images is not always indicative of the
existence of a PCN.
>
--- End Quote ---
[member=103]DWMB2[/member] this is all of the information
returned by the SAR for the PCN under discussion:
HTML https://drive.google.com/file/d/1endXuAT27DYSyJGi5pV5THC1NtHr3zGu/
Appreciate any thoughts.
#Post#: 43990--------------------------------------------------
Re: Penalty charged revealed through SAR but PCN not issued -
Next steps to proactively deal with it?
DIR By: FaeLLe
Date: November 4, 2024, 3:58 pm
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[member=103]DWMB2[/member] how do you think I should progress?
Redacted info from disclosure shared above.
#Post#: 44083--------------------------------------------------
Re: Penalty charged revealed through SAR but PCN not issued -
Next steps to proactively deal with it?
DIR By: b789
Date: November 5, 2024, 8:43 am
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You have not explained clearly enough how this has all come
about. If you never received a Parking Charge Notice (PCN),
either as a Notice to Driver (NtD) attached to the vehicle's
windscreen or by post as a notice to Keeper (NtK), what alerted
you to any suspected PCN?
Was there a debt collector letter which alerted you to the PCN?
If so, there should be a reference to the PCN number on the debt
collector letter.
Looking at the SAR evidence provided, they have obviously failed
to provide all the data they hold about you if they have not
included a copy of the PCN. The evidential photos they have show
the vehicle stationary for a period of 3 minutes and 6 seconds
in total.
If that is all the evidence they have, together with a sign that
is incapable of forming a contract, then they have nowhere to go
with this except to try and scare you into paying.
At this stage, if you're sure they have not provided all the
required subject data they hold for you then make a complaint to
the ICO. Apart from that, you are now waiting to see if/when
they issue a claim in the county court.
If/when the do, PCM will use a bulk litigator to issue the claim
through the CNBC and we can provide the defence to any claim. In
due course, it will either be struck out or discontinued. If it
is one of the rare cases that gets to an actual hearing, most
are won anyway.
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