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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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JoeyJoeC

Question about GDPR and notice to keeper.

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Would a car parking company be in breach of GDPR if they passed over your details (as a registered keeper) to a debt collection agency, since the driver was the one who entered into the contract allowing them to do so, and not the registered keeper?

 

Just a thought.

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I think someone brought up precisely this extremely interesting question a few months ago and then never came back to us with any kind of reply.

 

There are exemptions contained in the Data Protection Act 2018 and they are fairly clearly written. Have a trawl through them and see if you can come up with anything that you think might fit the bill and then let us know and we can discuss it.


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I think there might be a breach if the data was shared and the data was obtained incorrectly from DVLA, and not stored securely.


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Thanks, I'll try to look into this more.

 

As a keeper of a vehicle, I'd assume since they cannot prove that you entered the car park and agreed to the terms, that they shouldn't be allowed to pass on your details to 3rd parties (except for the DVLA)

 

I have a NTK from ANPR which doesn't mention anything about debt collectors, but my girlfriend who did received a NTK today, does have it written in the letter. I suspect with any appeals, we should mention that she doesn't consent.

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Its covered in the protection of freedoms act. Yes they can

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There are a couple of issues, but still waiting for ICO to get the correct legal advice as I have challenged them and DVLA under the GDPR. I have also challenged parking eye on use of aNPR when they sent me a NTK a few weeks back and they cancelled the pcn. The ICO is also not sure on this point that when using anpr there is no way for the parking company to provide The RK the required notice under GDPR art 13 when the RKs is not the driver and therefore the processing by both the dvla and the parking company is unlawful. So you could use that in your appeal.

Plus the GDPR only allows processing when there is no alternative means to achieve the same objectives, and there are alternatives to using anpr which means that they don’t need to process a RKs details, so processing unlawful.

 

As far as your query, they can pass the details on to anyone if it’s in their legitimate interests but only if their privacy notice they should have provided you states they can - so check the NTK for the privacy info and compare it to the GDPR art 14.

Also, if they do pass the details on to a debt collection agency, that agency has to write to you within 30 days and provide you with their privacy notice which must contain the details under GDPR art 14. In both cases they can have the basics of the GDPR art 14 info on the NTk and letter as long as it then directs you to their privacy notice on their website, and that contains all the rest of the info required By the GDPR.

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