Their reply is not a response to your Letter of Claim. It is a stock “PCN cancelled” template and does not address:
• the unlawful data acquisition
• the unlawful ANPR surveillance of a public road
• the absence of any lawful basis under UK GDPR
• your demand for deletion
• your demand for compensation
• your notice that further processing/aggravation will increase quantum
• your request for an apology
• your pre-action status
Under the Pre-Action Protocol for Media & Data Protection Claims, this is not a compliant response. It is as if they ignored the LoC entirely.
If you still want to proceed, the correct next step is a Second and Final Notice giving them one last opportunity to engage before you issue the claim. This protects you procedurally and shows the court that you acted reasonably and they ignored a clear LoC.
Send the following, again by post with proof of posting and email:
BY EMAIL AND POST
Smart Parking Ltd
Legal Department
Elphinstone House
65 West Regent Street
Glasgow G2 2AF
SECOND AND FINAL NOTICE – FAILURE TO COMPLY WITH LETTER OF CLAIM
Data Protection Act 2018 / UK GDPR
Dear Sir or Madam,
I refer to my Letter of Claim dated [insert date], issued under the Pre-Action Protocol for Media and Data Protection Claims.
Your only reply has been a generic template confirming cancellation of a Parking Charge. This is not a response to the Letter of Claim. It does not address:
• your unlawful acquisition of my DVLA data without reasonable cause;
• your unlawful processing of my personal data in breach of UK GDPR Articles 5 and 6;
• the fact that your ANPR camera is harvesting data from an adopted public highway;
• my request for a written apology;
• my demand for £1,000 compensation under DPA 2018 s.168 for non-material damage arising from those UK GDPR infringements;
• my request for confirmation of erasure and non-disclosure; or
• the matters required of you under the Protocol.
The cancellation of the Parking Charge Notices does not resolve the data protection breaches. The underlying unlawful processing remains, as does your continued retention of my personal data.
Required within 7 days
You must provide a substantive response to all points in the original Letter of Claim, including:
1. A formal apology;
2. Confirmation of erasure and cessation of all processing;
3. Confirmation that my personal data has not been disclosed to any third party;
4. Payment of £1,000 compensation; or
5. Your grounds for disputing liability.
If you fail to provide a full response within 7 days of this letter, I will issue a claim in the County Court without further notice, relying on your non-compliance with the Protocol when dealing with costs.
For the avoidance of doubt: any further processing or disclosure of my data, including to any debt collection agent, will be treated as an aggravated continuing breach and will increase the quantum claimed.
Yours faithfully,
[Your name]
