NTK Received from Brittania Parking

lifesarainbow · 19 June 2014 at 8:53PM

Whoops sorry Umkomaas, you did say in your post to the ICO and BPA too. Thank you again.

bazster · 19 June 2014 at 8:58PM

Absolutely Umkomaas, a PPC putting their intention to breach the DPA in writing, and to a punter who is up for the fight! Truly a gift. Under formal note: thanks Amey!

lifesarainbow · 19 June 2014 at 9:06PM

bazster wrote: »

Absolutely Umkomaas, a PPC putting their intention to breach the DPA in writing, and to a punter who is up for the fight! Truly a gift. Under formal note: thanks Amey!

Thanks bazster, yes I am up for it because of all the fabulous support from everyone here. Will write to them all tomorrow enclosing a copy of Brittania's email and, of course, will keep you all updated with what happens.

Dee140157 · 19 June 2014 at 9:49PM

It's good to see another fighter. It gets into the blood. Before you know it you'll be posting advice on other people's threads too! It gets you that way.

bazster · 19 June 2014 at 11:37PM

Sure does, Dee, sure does.

lifesarainbow · 20 June 2014 at 1:08PM

Thank you Dee and Baz, this is the most fabulous site isn't it?

lifesarainbow · 25 June 2014 at 4:51PM

Well everyone .. I was amazed at this but what do you think? The ICO office have just told me they cannot act against Britannia Parking for threatening to keep my details on their system and use them against me in any future alleged car parking contraventions. The ICO say this is because 'at the moment Britannia have not actually breached the Data Protection Act'. I said 'but they have threatened to, in writing'. The lady said that wasn't the issue, the ICO can only act if Data Protection rules have already been broken. She even said that Brittania are entitled to keep my details on file because: a) the reason they gave for cancelling the PCN was their lenience because 'it was my first contravention', and b) they will only know if any 'next time' is my second contravention if they've kept my details on file. I said surely that's singling me out for unequal treatment compared to other motorists. She said 'not if they do it to everyone who commits a parking contravention'. Her advice was for me to do 2 things:
1) Complain to the BPA in case Britannia are breaking any of their rules or guidelines regarding i) how long to keep (retain) data, or ii) writing to people threatening to monitor them.
2) Write to Britannia telling them that in 5 days time the car will no longer belong to me so the information they hold will be inaccurate and will therefore need to be removed from their systems. (She also said I should ask for my letter be noted on their systems.)
I asked if it was therefore acceptable for firms to write to people threatening to break data protection laws. She said the ICO can't deal with anything other than breaches that have already taken place.
Comments anyone?

Dee140157 · 25 June 2014 at 4:57PM

And would point 2 be true? If so fine, but if not, then surely it would be very bad advice from the ICO to lie.

lifesarainbow · 25 June 2014 at 7:05PM

Dee140157 wrote: »

And would point 2 be true? If so fine, but if not, then surely it would be very bad advice from the ICO to lie.

Hi Dee, yes it is true, I've traded the old car in against a new one which I'm picking up next week.

Coupon-mad · 26 June 2014 at 1:12PM

That's interesting - you are rare in that you've asked the ICO direct about an issue we don't see very often. I can see what she means that they can only act once an offence/breach has occurred. But your case is a classic reason why we feel it would be unreasonable to just store the data, because the car isn't going to be yours again after this!