EPS breach of GDPR

[kfdh1962]

having given it some thought i do feel they the fleecers need to be held to account for the complete disregard of data protection regulations and for the unwarranted processing of my data , so with your guidance and support i am happy to proceed with that process

[kfdh1962]

Thanks for this FTMD , it’s appreciated . I haven’t been on line much recently with Christmas and also dealing with a family bereavement but will have some time now this week to read through the thread and posts you shared and will come back then . Will aim to get the e mail or letter off as suggested over the next few days once I have the read through 

[kfdh1962]

I have read through posts 10 to 24 , and the three short threads you shared , interesting reading.

Iif my understand is correct , the crux of the claim will centre around the lawful basis for processing data , and the position that this did not exist for EPS in my case

So if reading correctly my next steps are to e mail dvla to find out who has been accessing my data and to complain about the data being issued without just cause , an dm to send SAR to EPS 

[kfdh1962]

i have put together  and sent the respective e mails to both EPS and DVLA using the relevant templates as a base.

Interestingly the EPS one bounced back with the message that the address could not be found or is not accepting e mails. Will pop a letter in the post tomorrow with proof of postage

[kfdh1962]

the e mail i had the bounce back from is the shared by FTMD and also noted by Stu007  :-

 

dpo@europarkingservices.com

[kfdh1962]

i have resent to the info@europarkingservices.com mail with the instruction to forward the the data protection officer, that hasn't bounced back 

[kfdh1962]

i spoke to soon , after quite sometime the e mail also bounced back. I sent again from an alternative e mail address, same result. 

 

Popped a copy in the post to EPS now , and have proof of postage.

 

 

[kfdh1962]

the EPS e mails were delivery status notifications , delivery failure 

 

The DVLA e mail wasn't a bounce back i.e delivery failure but i san automated response sign posting e mail addresses for specific topic areas and that if the request sent to dvladatarequests@dvla.gov.uk was not for a large data set it would not be responded to 

here is the wording received from the dvla auto response:- 

 

DO NOT REPLY TO THIS EMAIL

Thank you for your enquiry.

This email address is explicitly for the large volume datasets, or similar large data sets, as described at www.gov.uk/data-requests-dvla. It is not for the use of Individuals, complaints, Police Enquiries, FOIs or SARs.

PLEASE NOTE: Any request that is not specifically relating to the request of a large data set will NOT be responded to.

Subject Access Requests (SARs): SubjectAccess.Requests@dvla.gov.uk
Freedom of Information Requests (FOIs): FOI@dvla.gov.uk
General DVLA Queries or Individual/s requests: https://www.gov.uk/contact-the-dvla
Vehicle Enquiries: https://www.gov.uk/get-vehicle-information-from-dvla

Thank you

Data Sharing Strategy & Compliance Team
Strategy, Policy & Communications Directorate
C2E | DVLA | Swansea |
Twitter: @dvlagovuk

[kfdh1962]

my reading of this is that my request should now go to the General DVLA Queries or Individual/s requests: https://www.gov.uk/contact-the-dvla

[kfdh1962]

looking at that again its not an e mail address its a link to the gov.uk website and looking around on there there isnt anywher eobviosu to send this request.

 

its confusing , probably deliberately so  

[kfdh1962]

great work FTMD , i clicked in and out of various links to see if anything stood out but didn't spot that 

 

i will follow those directions and give it another go 

[kfdh1962]

so following the process outlined by FTMD i was taken to an on lime form where i provided personal and vehicle information , and where there was a message box which is where i added the request detail regarding who has been accessing my data as per the template from previous threads 

 

i have received the following response from DVLA auto generated,

 

This is a system generated acknowledgement - Do not reply to this email.

Thank you for your enquiry.


We will make every effort to respond within 3 working days, but due to limited resources it may take us longer to respond than usual. Thank you for your understanding.

Twitter: @dvlagovuk | Facebook: dvlagov

Please Note: If you do not appear to have received a reply within 3 working days, it would be advisable to check any 'Junk Mail' or SPAM filters which may be installed on your system, prior to any further contact, as our reply may have been blocked in error.

[kfdh1962]

just keeping you all in the loop , reply received back from the dvla , acknowledging receipt of both the e mail which indicated it was for large data requests , and the subsequent request following the process outlined by FTMDave.

 

see below 

 

nothing back yet from the fleecers at EPS

 

Dear Mr xxxxx,

 

Thank you for your enquiry.

 

We appreciate that you have taken the time to contact us in relation to this matter.

 

Upon checking the record, I can see we have a case set up on the 04/01/2023 in relation to your query.

Emails received for SAR requests email will be answered within 30 calendar days.

 

I trust this is of assistance to you.

 

Do not reply to this email. If you wish to contact us again about this response, then please use the link below: 

 

https://contact.dvla.gov.uk/response?response_type=general&email_case_id=2e7_gYUBmI93lQEgULtg

 

[kfdh1962]

So DVLA treated my request for information as an SAR according to the communication i received from them. DVLA are stating that according to there have been no request for data connected to the vehicle DS16 AOX.

 

We know that cannot be correct as the fleecers got my registered keeper details from somewhere? 

 

thoughts on this ?

[kfdh1962]

no response yet to my SAR that was sent to EPS, hopefully the data coming back from them to throw light onto where they obtained my data from 

[kfdh1962]

correct , even though i specifically stated it was not an SAR they treated it as an SAR. 

 

I have not had any previous dealings with EPS, so that wouldn't explain the response and suggests an error of some kind. i will check out the e mail address and post 

 

 

[kfdh1962]

The e mail came back from subjectacess.request@dvla.gov.uk

 

There was a link to an encrypted attachment which was a letter stating there have been no request for data for the vehicle . 
I will redact and post that up. 

will read through there post link you shared also 
 

 

[kfdh1962]

i have replied to the e mail for subjectaccessrequest@dvla.gov.uk for which my AR response came asking that they review their response stating that there has been no access to my data on the basis that a private parking firm contacted me in February 2021 stating specifically that they had obtained my details from DVLA so a response from DVLA stating that their had been no access request for my data doesn't not seem plausible 

[kfdh1962]

that's correct , i sent the SAR by post to EPS on jan 4th after the various e mails bounced back. Unless anything came today , i have had nothing back from EPS so and was aware they were coming up to being out of time

 

I also e mailed the DVLA asking them to re-look at the information they sent  saying that there had been no requests to access my data yet a private parking company had obtained my data claiming that they had received my details form the dvla , but they have not responded to that e ,mail as i had .

 

In respect to the SAR non compliance from EPS , what are the next steps,  ? 

[kfdh1962]

thanks FTMD , i will take a read through those 2 threads 

[kfdh1962]

apologies for the delays , work and dealing with my fathers estate have been taking up all my time. I read through the threads FTMD shared which were helpful, Letter before action drafted as below based on those threads

 

LETTER BEFORE CLAIM

 

General Data Protection Regulations - Subject Access Request

 

Parking Charge Notice Number: XXXXX

 

To whom it may concern,

On Wednesday 4^TH January 2023 I sent you a subject access request for a statutory disclosure of my personal data under the Data Protection Act.

You have failed to comply with that request and you have now breached your statutory duty.

 

This has caused me a great deal of distress not having my data in order to understand who is sharing my data and what data you hold on me, together with the necessity to chase after you to get this disclosure.

You have 14 days to respond, after which I shall begin a County Court claim against you.

[kfdh1962]

good morning , 

just catching up on all the posts from the last few days as i have been out of the country since Wednesday morning only arriving home late yesterday evening.

 

i am in a position now to send of the GDPR claim letter that you have all been discussing.

 

will take another look back through your posts now to draft my letter which i will come back and post up before doing anything

 

[kfdh1962]

in reference to a couple of questions in the above posts , the SAR letter before claim has been sent to EPS but that was only this morning.

 

As to whether my details were passed to debt collectors , i don't know that for certain but suspect not as the only communications i received came from EPS themselves or Gladstone's

[kfdh1962]

the main discussion point seems to be around how much to claim for the data breach and vexatious claim arising from it . Guidance shared suggesting anything up to £2000 and some other case wins with payments of circa £500, FTMD's suggestion of £600 thus bringing into play high court bailiffs seems reasonable

 

 

[kfdh1962]

 

 

i think that ftmd's draft covered it all, i did add a few words for context of distress, not sure if its needed although it is truthful , happy to be guided on that.....

 

Dear Sirs

 

Re: PCN no.XXXXX, County Court Claim no.XXXXX, Breach of General Data Protection Regulations (GDPR)

 

I refer to your obtaining my details from the Driver and Vehicle Licensing Agency in the above matter. 

 

You had no justification for doing so. The extremely-short stay of my vehicle was allowed under the government Code of Practice, the BPA Code of Practice, the IPC Code of Practice and indeed by your contract with the landowner.

 

This is an extremely serious breach as you used my details to begin a vexatious court claim which caused me considerable distress in having to deal with this during my father’s ill health and end of life

 

I require payment of the sum of £600 within 14 days.  If you fail to effect payment I will start a claim in the county court.

 

Yours Sincerely