Grandparents had letter from G24

vickyw1427 wrote: »

I'll have a look through that before I finish work. And I shall edit now, thanks.

People caught by a double dip scam should SERIOUSLY think about suing for £750:

https://forums.moneysavingexpert.com/discussion/5549973

Get the pesky PCN cancelled by complaint to the Retail Store Manager and landowners first, then spend £60 on a claim to recover £750! Worth a punt and sweet revenge (any claim must be issued in the name of the person whose data was misused, the keeper of the car, no-one else).

Re the idea of suing the parking firm, I have adapted some advice from Parking Prankster and from IamEmanresu and suggest something like this:

As a first step you should write and complain to the DVLA, to see if you can elicit a useful response and to report the PPC too.


Data Sharing & Protection Group
Strategy, Policy and Communications Group
D16
DVLA
Swansea
SA6 7JL


Dear DVLA,

I wish to lodge a formal complaint that [parking company] obtained my data as registered keeper, without reasonable cause.

The details of the parking event are:
Vehicle: [reg]
Date: [date]

In this instance, they alleged that two short visits to a car park (captured by ANPR) was one single period of parking. They have now cancelled the PCN when challenged but it is indisputable that ANPR 'double dip' issues are very well known in this industry, having been the subject of an article by the British Parking Association:

http://forums.pepipoo.com/index.php?act=attach&type=post&id=44279

And from the DVLA/BPA meeting on 11/03/2015 these minutes are in the public domain so what steps have the DVLA taken since to protect the data of people like myself?

XX referred to ANPR technology where a vehicle has made multiple visits to car parks and the ANPR will be picking up first arrival and last departure. Would like those using ANPR to ensure reasonable controls are in place. XX confirmed that companies using ANPR make sure that due diligence is in place. XX advised that she had spoken to XX about this recently and they were working together on high level requirements for ANPR Operators.

It seems to me, despite the DVLA (XX) getting onto the BPA (the other XX) about sorting out the problem, nothing has been done and data is being obtained unlawfully day on, day out, by ANPR-using parking firms without due diligence. Cases of double dip car park visits resulting in unfair PCNs appear to be on the increase in the media and on public forums. I am fuming that the DVLA has enabled this scam.

By processing my data when there was no single period of parking in contravention at all, this operator has contravened the requirements of professional diligence with a 'misleading action' likely to materially distort the economic behaviour of the average consumer. This breaches the CPUTRs 2008 in a number of ways:

http://www.legislation.gov.uk/ukdsi/2008/9780110811574/regulation/3

This is undoubtedly a prohibited unfair commercial practice but in addition, the resulting supply and processing of my data breached the DPA Principles. Since the DVLA released the information which, in fact, enabled this operator to process my data and misuse it, in the interests of balance in my case against the firm, please now confirm:

1) That the parking company received my personal data from the DVLA, and when.
2) Whether the parking company stated they had 'reasonable cause' to obtain my data.

Please also inform me what steps you will be taking against the parking company now they have cancelled the baseless charge and effectively admitted this was a double visit (clearly not checked properly before applying for my data). Also please confirm what steps were/are being taken by the DVLA following that discussion at the BPA Meeting in March 2015 and how you intend to safeguard my personal data in the future?

This is a specific request and complaint and I would appreciate not receiving a 'cut & paste' form of words telling me about 'reasonable cause'. I think I have established there was none so no template reply will be entertained. I require specific information, after all you supplied that to the parking firm within days so please now respond to my questions in a timely manner.

yours faithfully,





Notes from the Parking Prankster's earlier blog:

''Once the DVLA have confirmed your data has been misused, you can then take action against the parking company.

The case of Vidal-Hall v Google Inc [2014] EWHC 13 (QB) provides authority that misuse of personal data is a tort and that damages may be non-pecuniary. The case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 provides authority that a reasonable sum for compensation would be £750.

A claim of up to £750 may therefore be possible. You may wish to take legal advice on the prospects of success. Filing a claim for £750 will cost £60. A claim for £299 will cost £25 online.''