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Messages - Rufeus

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1
Apologies – I had trouble linking the images. I've now updated the original post with links to Google Drive

2
My mother in law was driving my car to drop us off for my wife's birthday in December. She mistakenly drove into the notorious Kingston bus lane and we were issued a PCN 34J for Being in a bus lane.

While it was a genuine error, the fine is extremely high.

Are there any grounds to appeal the PCN?

Here are the PCN pics:
<p>
https://drive.google.com/file/d/1-yNvR7FeyWqrGCzZajB55F_3JEnwAKYj/view?usp=sharing
<p>
https://drive.google.com/file/d/1h_td5NqAJPl7Zo7Yr8w9m0fXE0PJ6oBX/view?usp=sharing
<p>
https://drive.google.com/file/d/1PfZL2ygqvhnxLcrs_sw0nCBvql5lB4wj/view?usp=sharing
<p>


Google Street View:
https://maps.app.goo.gl/oW1uckUVu41A3m8B9

4
Apologies, HC Anderson, I posted the wrong link with the description.

Here it is:

Order for Recovery
https://drive.google.com/file/d/1HCu0tNIrTB07w2Ccwa8yVOlj25Vkg7mO/view?usp=sharing

I've redacted the address for my privacy, but it is the old address. The one I moved from in July 2022.

5
Documents:
- Response to my Challenge of the Charge Certificate https://drive.google.com/file/d/1xx8dfwhA5oD9pZgmkqjg-yGAyC0zHfy1/view?usp=sharing
- Order to Recover https://drive.google.com/file/d/1HCu0tNIrTB07w2Ccwa8yVOlj25Vkg7mO/view?usp=sharing

My first knowledge of the contravention was when I received a Charge Certificate on 08/06/22 (missing from the SAR)

I made an online challenge/representation on 20/06/2022 to which PTO acknowledged and responded by email.

I moved to a new address in July 2022. I unfortunately didn't notify them of a change of address. However, I had access to post at my old address for at least another 3 months but they only sent the Order for Recovery in November 2022. It's noteworthy that they said "We aim to deal with all enquiries within 15 working days (3 weeks)..." on 20/06/2022. Surely a response time of 5 months is unreasonable?

6
While I'm awaiting any further advice regarding the PE2 and PE3 statements, I am going to send out the following to both the Information Officer (Sophie) and PTO regarding the exclusion of crucial data from the SAR request:

Quote
Dear Sophie Jordan–Dicey

Thank you for your correspondence regarding the SAR and the data enclosed therein.

There appears to be missing information, however. The following documents have not been sent:

1. Charge Certificate dated 08/06/2022 - This was the first correspondence I received to make me aware of my PCN, to which I made an online challenge/representation (attached acknowledgment from City of London PTO). I no longer have the charge certificate and require it.
2. The confirmation response to my challenge/representation dated 20/06/2022 - I have attached the email reference from my records. The fact that the Charge Certificate, listed above, and this correspondence have not been included in the SAR data concerns me that other data may have also been excluded.
3. Any notices and correspondence to your agents (including CDER group) relating to me and the PCN.

As previously communicated, 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 all relevant information. The absence of crucial correspondence in the SAR data jeopardises the submission.

The stay of action for the Civil Enforcement Agency CDer Group has only been upheld until today, 02/09/24 as L. Burgess's correspondence states (attached).  I will request a further stay of action due to the excluded data but urgently appeal for it to be issued and a review of the SAR procedure to be undertaken.


7
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.

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 https://drive.google.com/file/d/1oAkDPuS4xJLZ7-TLPswQAAcAcIHj41Ft/view?usp=share_link
- Response to my Challenge of the Charge Certificate https://drive.google.com/file/d/1xx8dfwhA5oD9pZgmkqjg-yGAyC0zHfy1/view?usp=sharing
- Order to Recover 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

8
@Pressman: 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.


9
Having sent a response to Sophie following the recommended approach, I received this back:

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

10
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:

https://imgur.com/TB68a0U

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
 

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.

11
I sent it to the email address listed on the letter: pto@cityoflondon.gov.uk


12
I've received a very unhelpful response to my SAR from City of London PTO referring me to the PCN link on their website that contains no reference to the PCN correspondence:

https://imgur.com/ZEneQwF

This is my draft response:

Quote
Dear L Burgess, Parking Ticket Office, City of London

In my previous email sent 30/07/24, I asked for all correspondence regarding regarding PCN CL59095142.  

The web link that you provided does not reference any of the notices and correspondence issued by the council and their enforcement agents including letters, dates, and the associated address(es).

 I refer, once again, to the subject access request that I sent in my previous email and attached herein. Please supply the data about me that I am entitled to under data protection law.

If you need advice on dealing with this request, the Information Commissioner’s Office can assist you as mentioned in the same letter.

Do you think my response is adequate?

Thanks

14
The SAR has been sent to pto@cityoflondon.gov.uk

While I'm waiting for their response, is there anything I can do to trigger the OOT (and in turn, delay the bailiffs?)

Do the PE2 and PE3 have to be submitted together? Or is it possible to submit one that doesn't rely on any information I'll be waiting on the SAR?

Thanks

15
Thanks for the feedback, H C Andersen.

I tend to agree – the stress about having my family exposed to the fear, and potential experience, of bailiffs arriving at our door is not something I want.

As nobody else has given any alternative thoughts, I'll send the SAR this afternoon (along with your suggested amendment). If their response takes longer than the elapsed 21 days then I might pay the bailiffs before proceeding with the rest of the challenge.


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