CPM - UK/gladstones PCN - one photo by shop assistant - now threats of court - should i reply??

[ericsbrother]

this is not a real threat of court action, it is a letter trying to coerce you into paying something you dont owe.

 

 

Now here is a question that hasnt been tested in court yet- what authority under the GDPR does the shop assistant ahve to pass on your personal data to UKCPM? is that person or business registered with the ICO to take such pictures for that purpose? I bet I know the answer and that menas UKCPM will have trouble explaining their role in this breach plus the one where they have lied to the DVLA to obtain your keeper details.

 

 

 

Problem is no-one ever gets done for such behaviour, at best someone sues them on rare occasions where the ICO should fine them say £500 per breach and assume that all similar incidents are equally unlawful and just hit them with a penalty that fits in with the number of events adn let them prove to the contrary.

 

 

also do you have proof that the NTK was delivered on the 18th as that is 1 day too late for a keeper liability to be created but as they arent above telling lies about the issue date just to try and get within the law it woudl be worth asking the DVLA who has accessed your data, when and for what stated purpose. the DVLA then send out a stock response about the law allowing peopel to ask so you may have to demand the information twice.

 

 

Gladstones are a firm of solicitors that own the IPC and have their registered office on a golf course somewhere They are acting as a rentathreat the same as DR+ but do so because they want to look big in front of their IPC members as they are actually quite bad at their day job.

Edited October 11, 2018 by honeybee13
Paras

[ericsbrother]

how are we supposed to read the signs from those pictures? the adsnece of the sign is helpful though but PLEASE can you read other threads carefully so you know what we expect to enable us to help you. We wnat you to be able to tell these greedy gits that you are well aware of their behaviour and have the evidnec thatyou know their

 

 

 

demands have no merit whatsoever so knowing what they are saying you were offered is importnat. The positioning of the signage means they are already on to a loser but another nail will keep the coffin lid on.

Edited October 11, 2018 by honeybee13
Paras, typos

[ericsbrother]

this makes it even worse for the parking co as that is not the offer of a contract to park but a forbidding or prohibitive sign. That means any demand is an unlawful penalty.

 

What to do? now you have enough evidence to beat them if they are mad enough to try their luck I would be sending them a letter stating the following.

 

 

"Dear Will and John or Jamie and Helen, when you studied law you would have learnt the difference between a sign that is a unilateral contract and one that is forbidding in nature such as authorised vehicles only. It is a shame that the IPC cant tell the difference and advise its members accordingly but no matter as you are much cleverer than the people who run the IPC so you will of course tell your clients that there was no breach of contract to cause them to demand money because there was no contract offered and thus their demand is without cause.

 

 

 

Any claim will be firmly rersisted and your clients will lose as per usual for a multitude of reasons that a lawyer should already know and the circumstances around this matter may also result in a claim for damages as a result of the breaches of the GDPR"

 

 

 

send as is

Edited October 12, 2018 by honeybee13
Paras

[ericsbrother]

Now, this may or may not put them off wanting to waste more money but you can use it in evidence that you have communicated with them over the matter and eventually if enough people make complaints to the SRA about Gladstones abuses they may get ordered to stop or lose the right to practise.

 

 

NowI would go a bit further thanbrassnecked and say that the shop assistant doing the snapping is actually self employed in this role as it is nowt to do with petrol station and not employed by parking co so needs own registration with ICO for data handling. Knowing who actually owns the garage would be useful if you do want to go down this path

[ericsbrother]

let them know that you have already told them to go wind their necks in so they should dig out the last letter to read your response rather than wasting paper on another threatogram.

 

I would also phrase it just like that, being nice wont stop them from losing their client money in the vain hope you will suddenly wet yourself and pay up