Tweet
*Please see attached the full response I sent to the company*
Hi everyone,
I'm a complete newbie here but I received a notice to keeper last year for allegedly overstaying in a private car park by about 25 minutes.
This scared me initially that they were asking for £100 fine without knowing who the driver was. I did some research and found out they had to have sent out the NTK within 14 days under the Protection of Freedoms Act, to be able to hold me (the keeper) liable.
They posted the NTK 16 days after, and it was received 5 days later - 21 days after the contravention. Thus, I believe I cannot be held liable for the charges.
I have communicated this to the company, and informed them that I believe my data has been misused - as they did not comply with POFA, and the IPC's code of practice. I told them that any further contact on the matter would be considered as harassment and "I would sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013). This includes communication from any Debt Collection companies you care to instruct. If you decide not to cancel this PCN then you should provide me with a Parking On Private Land Appeal code so that I can appeal to them, and they will then direct you to cancel."
However I have just received this Letter before claim stating that I have until the 12/02/2021 to respond either by paying or disputing.
I believe that by continuing to contact me, after having not met all of the requirements under POFA, their code of practice, they are misusing my personal data as per the Data Protection Act.
I was not the driver, and I can not remember who the driver was, nor am I obligated to inform them.
Any advice on how I should go forward with this would be very much appreciated!
My main questions are -
1. Am I correct in my thinking that they have no legal basis to pursue me as the keeper?
2. Should I ignore this Letter before claim, or should I dispute? If so, how?
3. Am I correct in my thinking that they have misused my personal data, and that I am entitled to compensation?
4. How do I go about suing for damages/distress caused by misuse of personal data? and is it likely that I would win?
I have attached my full response I sent to the company before they sent me the Letter Before Claim for if anyone is interested.
Thank you very much in advance!
Hi everyone,
I'm a complete newbie here but I received a notice to keeper last year for allegedly overstaying in a private car park by about 25 minutes.
This scared me initially that they were asking for £100 fine without knowing who the driver was. I did some research and found out they had to have sent out the NTK within 14 days under the Protection of Freedoms Act, to be able to hold me (the keeper) liable.
They posted the NTK 16 days after, and it was received 5 days later - 21 days after the contravention. Thus, I believe I cannot be held liable for the charges.
I have communicated this to the company, and informed them that I believe my data has been misused - as they did not comply with POFA, and the IPC's code of practice. I told them that any further contact on the matter would be considered as harassment and "I would sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013). This includes communication from any Debt Collection companies you care to instruct. If you decide not to cancel this PCN then you should provide me with a Parking On Private Land Appeal code so that I can appeal to them, and they will then direct you to cancel."
However I have just received this Letter before claim stating that I have until the 12/02/2021 to respond either by paying or disputing.
I believe that by continuing to contact me, after having not met all of the requirements under POFA, their code of practice, they are misusing my personal data as per the Data Protection Act.
I was not the driver, and I can not remember who the driver was, nor am I obligated to inform them.
Any advice on how I should go forward with this would be very much appreciated!
My main questions are -
1. Am I correct in my thinking that they have no legal basis to pursue me as the keeper?
2. Should I ignore this Letter before claim, or should I dispute? If so, how?
3. Am I correct in my thinking that they have misused my personal data, and that I am entitled to compensation?
4. How do I go about suing for damages/distress caused by misuse of personal data? and is it likely that I would win?
I have attached my full response I sent to the company before they sent me the Letter Before Claim for if anyone is interested.
Thank you very much in advance!
Comment