@Kbonner, today is the last day for submitting an initial appeal. The NtK was issued on Friday 28 November, so deemed received Tuesday 02 December. Appeals can be accepted 28 days from receipt (PPSCoP §8.1.2(e)).
Send the following be email TODAY. DO NOT delay. Address it to dpo.uk@sabagroup.com and CC yourself:
Subject: URGENT UK GDPR Complaint and Keeper Appeal – PCN: [TFL reference]
To: dpo.uk@sabagroup.com
Dear Data Protection Officer,
I am the registered keeper of vehicle [registration]. I am contacting you because SABA’s online appeal form compels appellants to answer “Driver: Yes/No”. There is no legal obligation on a registered keeper to identify the driver, and this forced declaration unlawfully obstructs the exercise of appeal rights and risks the creation of inaccurate personal data.
Because your webform prevents a lawful keeper appeal unless an unnecessary declaration is made, I am submitting this correspondence directly to you. The data protection issue and the appeal are inseparable.
Today is the final day for submitting an initial appeal. The Notice to Keeper was issued on Friday 28 November and is deemed received on Tuesday 02 December. Under the Private Parking Single Code of Practice section 8.1.2(e), appeals may be submitted within 28 days of receipt. This email is therefore submitted within the permitted timeframe.
Please treat this email as:
1. A UK GDPR complaint and limited data request; and
2. A formal keeper appeal against Parking Charge Notice [TFL reference].
UK GDPR complaint and limited data request:
Your appeal portal requires a keeper to state “Driver: Yes/No”. This is not required by law and creates a real risk of inaccurate or unfair processing by compelling a declaration about driver identity. This is contrary to the UK GDPR principles of fairness, data minimisation, and accuracy.
Please confirm that:
a) no assumption, inference, or data-field entry regarding driver identity will be recorded unless I explicitly provide it; and
b) my appeal will be processed without requiring any driver declaration.
To enable me to understand and verify the processing of my personal data in this case, please provide only the following:
1) the images and VRM/ANPR captures relied upon;
2) the PCN/NtK data fields held on your system for this case (including timestamps); and
3) the date and purpose of the DVLA data request and the data items obtained.
Pending resolution of this issue and determination of the appeal, I require restriction of processing for enforcement purposes under Article 18. Please acknowledge this complaint and confirm the date by which you will respond.
Keeper appeal:
I am the registered keeper. SABA cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, SABA will be well aware that they cannot use the PoFA provisions because the car park at TfL Loughton Main is not 'relevant land'.
If TfL wanted to hold owners or keepers liable under TfL Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because SABA is not the landowner and your 'parking charge' is not and never attempts to be a penalty. It is created for SABA’s own profit (as opposed to a bylaws penalty that goes to the public purse) and SABA has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. SABA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Required actions:
1) Confirm receipt of this email.
2) Confirm this UK GDPR complaint and limited data request is being processed.
3) Confirm this email has been accepted as a valid initial appeal submitted within time and that the appeal section has been forwarded to the appropriate department for determination.
4) Confirm the PCN is placed on hold pending the outcome of both matters.
5) If the PCN is not cancelled, confirm that a POPLA code will be issued with the rejection so the keeper may escalate to independent adjudication.
Yours faithfully,
[Name]
Registered Keeper
[Address]