Free Traffic Legal Advice

Hi all,

While dealing with a (major) private parking company I performed a SAR and they sent me many papers.
I did not recognise a specific PCN charge; upon looking at the details, I noticed that they have kept images (personal data), but the PCN is not one of the documents provided in the response.

I do not want to deal with this in an uncertain future, so I would like to address the situation proactively.

From what I understand, if 28 days have passed and a PCN has not been issued, they have no legal basis for recovery and hence no legal basis to retain my personal information.

Should I verify that the SAR was complete and that they did not just 'miss out' on the PCN (I will merely ask them to confirm that the request did not miss any information)? If they confirm that the SAR was complete, I was hoping to object to the processing of my information (right to erasure under GDPR) and ask them to delete all the information they hold on file against that PCN.

Any thoughts pls? The only information available about this PCN is pictures on the website and those provided through SAR.

Are you able to show us redacted versions of what they have shown you for this (potential) charge?

The existence of ANPR images is not always indicative of the existence of a PCN.

@DWMB2 this is all of the information returned by the SAR for the PCN under discussion: https://drive.google.com/file/d/1endXuAT27DYSyJGi5pV5THC1NtHr3zGu/

Appreciate any thoughts.

You have not explained clearly enough how this has all come about. If you never received a Parking Charge Notice (PCN), either as a Notice to Driver (NtD) attached to the vehicle's windscreen or by post as a notice to Keeper (NtK), what alerted you to any suspected PCN?

Was there a debt collector letter which alerted you to the PCN? If so, there should be a reference to the PCN number on the debt collector letter.

Looking at the SAR evidence provided, they have obviously failed to provide all the data they hold about you if they have not included a copy of the PCN. The evidential photos they have show the vehicle stationary for a period of 3 minutes and 6 seconds in total.

If that is all the evidence they have, together with a sign that is incapable of forming a contract, then they have nowhere to go with this except to try and scare you into paying.

At this stage, if you're sure they have not provided all the required subject data they hold for you then make a complaint to the ICO. Apart from that, you are now waiting to see if/when they issue a claim in the county court.

If/when the do, PCM will use a bulk litigator to issue the claim through the CNBC and we can provide the defence to any claim. In due course, it will either be struck out or discontinued. If it is one of the rare cases that gets to an actual hearing, most are won anyway.