3. Received a PCN, contacted carpark owner who said he can contact Park-It but...
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Re: Received a PCN, contacted carpark owner who said he can contact Park-It but...
« Reply #30 on: »
Gladstones have come back with this:

"Request for Erasure of Personal Data
We refer to your request regarding a request for erasure of data.
Unfortunately, we cannot process your request because we can demonstrate compelling
legitimate grounds for the processing of your data, which override the interests, rights and
freedoms of you as an individual.

That legitimate interest being that we are acting on behalf of our client Parkit Management
Limited for the recovery of monies relating to an unpaid Parking Charge(s), number(s)
To process your data is necessary and lawful, as it is required in furtherance of our client’s
instructions, and we act for them on their rights and obligations for the recovery of such
monies.

We note your request for previous addresses to be removed from the matter however, they
now form an integral part of the file given it is going through legal proceedings. Please be
assured we have now rectified your address and therefore no further correspondence will be
sent to the previous address as of today’s date.

If you are not satisfied with our decision, you have a right to complain to the Supervisory
Authority. At this stage you should contact the Information Commissioner’s Office (ICO);
Address; Wycliffe House
Water Lane
Wilmslow
SK9 5AF
Telephone Number 0303 123 1113

Please note that time limits may apply and so you should contact the ICO as soon as
possible following our decision.

We must also confirm that you also have the right to a judicial remedy (ie claim
compensation through the courts), if you remain unsatisfied with the outcome of a complaint
to the Supervisory Authority and you believe there has been a breach of the General Data
Protection Regulations 2018. The ICO cannot award compensation and so if you cannot
reach an agreement on the amount of compensation where appropriate, you can apply to
court. You should seek independent advice at any stage that you feel it necessary."

I suppose there is nothing to do but to wait for further action from them, as there is nothing I can do at this point. :)

Thanks for all the advice again thus far!!
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Re: Received a PCN, contacted carpark owner who said he can contact Park-It but...
« Reply #31 on: »
Respond with this:

Quote
Dear Sirs,

Re: Your Ref. ##########

I acknowledge receipt of your response but note that you have entirely failed to address my two specific questions under the Pre-Action Protocol, which I am entitled to before you issue any claim.

For the avoidance of doubt, I repeat:

1. Does the additional £70 represent a 'Debt Recovery' fee, and if so, is it inclusive of VAT? If inclusive, why am I being asked to cover the operator’s VAT?

2. Is the principal PCN sum being claimed as damages, or will it be pleaded as consideration for parking?

It is embarrassing that, as a layperson, I have to remind you, a supposedly professional litigator, of the following:

1. Pre-Action Protocol for Debt Claims

Paragraph 3.1 of the Pre-Action Protocol for Debt Claims sets out the information that must be provided by the creditor, including a breakdown of the debt and any charges being claimed.

2. CPR 1.1 (Overriding Objective)

CPR 1.1 imposes an obligation on all parties to help the court further the overriding objective, which is to deal with cases justly and at proportionate cost. By failing to engage in meaningful dialogue or answer reasonable pre-action questions, you are acting contrary to this overriding objective.

3. CPR 3.1(2)(m) (Case Management Powers)

CPR 3.1(2)(m) allows the court to make any order it considers necessary or appropriate to ensure fair case management, including striking out or staying claims where a party has not complied with pre-action procedures.

4. Potential Sanctions (CPR 44.11)

CPR 44.11 allows the court to penalise a party for misconduct, including failure to comply with pre-action protocols.

Failure to respond to these questions will result in my seeking appropriate sanctions from the court for unreasonable behaviour, should you be so intellectually malnourished as to proceed with this baseless claim without addressing them.

I await your prompt and substantive response.

Yours faithfully,

[Your Name]

You really are dealing with the dregs of the legal world and there should be no respect for their utter incompetence and self serving greed.
« Last Edit: October 21, 2024, 03:50:55 pm by b789 »
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Received a PCN, contacted carpark owner who said he can contact Park-It but...
« Reply #32 on: »
Previously DWMB2 posted:

The important parts of the letter, regardless of the tone of language you choose to employ, are to dispute the debt, and ask the two questions posed.

So how come Gladstones refer to 2 requests from you to erase data? I can see reference to your previous addresses but this is addressed separately in their reply.

What did you send?

Until we seewhat you wrote it would IMO be premature to respond. Let's get clarity about the paper trail.
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Re: Received a PCN, contacted carpark owner who said he can contact Park-It but...
« Reply #33 on: »
Quote from: H C Andersen on October 21, 2024, 05:12:16 pm
Previously DWMB2 posted:

The important parts of the letter, regardless of the tone of language you choose to employ, are to dispute the debt, and ask the two questions posed.

So how come Gladstones refer to 2 requests from you to erase data? I can see reference to your previous addresses but this is addressed separately in their reply.

What did you send?

Until we seewhat you wrote it would IMO be premature to respond. Let's get clarity about the paper trail.


Hi, I cut and pasted exactly what was advised, which was


"I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[MY ADDRESS]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists". Don't send me your usual blather about that.

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?"


Which is why I'm confused as to why they've responded about a data erasure, which was not requested at all.
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Re: Received a PCN, contacted carpark owner who said he can contact Park-It but...
« Reply #34 on: »
It's a template and HC Andersen knows that. It is simply to let them know that if they hold a different address on file for the defendant then they need to rectify the data and "ERASE" the old address.

As for the rest, they are valid questions that have to been answered and if they had, we already know that they would fail to answer them honestly.

Nothing to worry about and just send the advised response. You are putting them on notice that they are not dealing with one of their low-hanging fruit on the gullible tree.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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