[Closed] Where do I stand if a company doesn't comply with a Subject Access Request?...

Report to the ICO.

Cheers for reply mate. Will look into that.
Does the ico have teeth?

Oh yes.

Contact the two trade bodies that can give access to DVLA, if that's where they're getting their contact information from:
the British Parking Association (linky)
or the International Parking Community (linky)

Agree with both Pondo and Timba in reporting the company, however next step would be to wait until the statutory period in which they have to reply is up then send message stating that their lack of reply to your request for evidence leads you to consider the matter closed.

You did make the DSAR in your son's name didn’t you? Or rather he made it but you posted the letter?

Was also wondering this ^. Wouldn’t think they’d be able to give info about him to you

If they have proof they will prosecute rather than send silly threatening letters. If they have nothing then by writing to them you are only encouraging them. Ignore them unless you get a court summons (and a proper court summons not something they’ve knocked up on their pc)..

(and a proper court summons not something they’ve knocked up on their pc)..

If one of these arrives keep a copy and ask the police to deal. The judiciary takes a very dim view of people abusing the process.

I suggest you get yourself over to the Money Saving Expert parking forum. Loads of good advice on there. A SAR is part of the process to fend a private ticket off.

"Does the ico have teeth?"

In theory the ICO has teeth. In practice the GDPR has been in force since May and the ICO has enforced it, according to the "Enforcement Action" page on their website, a grand total of zero times.

Did your son give written consent for you to make the request? If I was the DPO I'd probably have been slightly confused. If you didn't include that they may not need to reply. Courtesy though, would have had me replying to you seeking that consent and proof of identification for your son before I started the file search. The clock wouldn't start ticking until you've provided identification and proof of his consent. Why can't he make the request himself? Because he's driving I'm assuming he's not a minor.

pyranha

Subscriber
You did make the DSAR in your son’s name didn’t you? Or rather he made it but you posted the letter?

Yep, I did the letter but it's signed etc by my lad... So formally, it's all by him as far as anyone else is concerned. The email copy was even sent from his email address.👍

Im also on money saving expert etc.... And following their advice too.

I suspect they won't be able to provide a picture showing my son's car without the permit you see... As he is intent it was on the car. I believe him.

Well, the private parking company didn't even bother to acknowledge the SAR let alone comply with it in a calendar month.

Well, technically the month is up tomorrow but I don't see them replying at the last minute.

A total lack of respect for data protection regs it seems. Now to see if they can be forced to comply.

I'm guessing that unless they are hit financially they simply won't bother.

It seems odd to me that you'd require an SAR to obtain evidence of an alleged parking infraction rather than just, y'know, asking for the evidence of what they claim.

Is he contesting the allegation, or just hoping that they can't prove it so he can wriggle out of it?

They just never responded to a request to see a copy of the picture that the parking attendant took showing no permit in the window, Cougar.

So I was basically hoping something more formal like the SAR wouldnt just be ignored.

Seems I was wrong.lol

I'll call the company tomorrow just to hear if they have anything to say about the SAR whatsoever. Then I'll make a complaint to the ICO assuming they are still unwilling to comply.

If I see a pic of my lads car parked without the permit in the window.... He will be paying the fine. Not helping him wriggle out of being daft.

Thing is, the permit is still in his window now as he can't even get it off his windscreen as the glue is so strong.lol

So I suspect it was on display at the time of the ticket. We'll see.

As always, thanks is for any info and advice guys.

If he has a permit then I'd be contacting the land owners asking them to tell the enforcement company to back off.

(and by 'asking' I mean 'demanding')

Cougar

Subscriber
If he has a permit then I’d be contacting the land owners asking them to tell the enforcement company to back off.

A good point that I only chased up a few days back via email. I'll get my lad to pursue that further.

Do you have any proof that they have received recorded letter or email ?
Perhaps they are just playing the same game their "customers" do and just saying they haven't received it

If you have only contacted the company once then you should chase it up with them, you won't get much truck with the ICO until you have at least gone through the company complaint procedure.

By law, they have to make available the name and contact details of their Data Protection Officer - this is the person you should write to now that they have not acknowledged your data subject rights request.

If you can't find the contact details, the ICO site has a register of data protection officers (which ironically is not that easy to find either) here is a link:

https://ico.org.uk/about-the-ico/what-we-do/register-of-fee-payers/

Have fun - I know a sad amount about this kind of thing so PM me (not a lawyer, not legal advice etc etc) if you need help. I think they may be attempting to cite an exemption - but they do need to acknowledge and explain that to you.

according to the “Enforcement Action” page on their website, a grand total of zero times.

Are you looking at the right page? looks like 70 actions taken in the last 12 months

https://ico.org.uk/action-weve-taken/enforcement/?facet_type=&facet_sector=&facet_date=last_year&date_from=&date_to=