Data protection act breach phone calls

DK_abc

Hi..

To cut a long story short..

Got involved in a rather intimidating/bullying type phone call with a Private Parking Company who went ballistic at me down the phone when undisputed two ticked they had given my guests. One 2 minutes and one half hour call where the director of the company went off the rails at me..

Requested the two phone conversations that had been recorded without my knowledge from the management agency of the building I am a tenant in. They kept fobbing me off. Must go theough landlord etc. I did everything they asked.. Landlord contacted them on my behalf etc.. I contacted them yesterday to see if there was any update on when I would get the calls because it's 10 days into a 14 day appeal period and I think these calls will help me prove my point that these are rogue traders as such and the company tell me they have forwarded my calls to the board of directors of the block I live in but not me.

I didn't agree to this.. Not at all. In fact I made it clear my data wasn't to be lakes because this company were really quite intimidating. Now I have no idea who has the calls and my info but I know for certain that I seemingly the only one who hasn't been given them.

I still don't have a copy of the calls myself and yet seemingly other's in my block do. They won't tell who has the calls.. And have now stopped replying to me because I think they realise there has been a breach of my privacy.

Any advice where I stand? I really want these calls and I do not want other people in my block having any access to them without me at least having a chance to listen to them myself. It's really rubbish, feels like a total invasion of my privacy.

Any advice?

Thanks

Guys_Dad

If you want a definitive answer on this then a complaint to the Information Commissioner's office will get you the answer.

However, you should be able to get a copy of who is on the management committee and, therefore, be able to contact them.

Who is the PPC? Regulars are better able to help if they know who you are dealing with.

Get your guests to read up or post on here as with our help, the PPC will lose £54 if BPA members when we give them successful appeals to the PPC/POPLA

DK_abc

Thanks just phoning the ICO now. Would prefer not to mention the company just yet as they are aware they are mentioned on here and when I said that that's what made him launch into a foul mouthed tirade at me.

They are not BPA registered. He said something about still being able to access the car owners details. I have read lots of threads here about parking tickets from private companies on private land etc.. Really helpful but these calls being passed on is distressing. They've taken my evidence as such and are obviously withholding from me. Refuse to deal with me or give me any I do about board of directors unless it goes through my landlord each time which isn't good.. He's a nice guy I don't want to be a hassle to him and feel I should at least have some rights but seemingly not.

It's the calls I want. Can't believe they have passed thm on to someone else and not me when I made it crystal clear I didn't want any of my info other than my letter of complaint to be passed on.

Guys_Dad

It seems to me that whatever the ticket charges will be sent to the owners of the cars, so it is they who need our help in the long run.

But unless the PPC is a IPC member, why on earth are your management company using a PPC who operates outside the two Parking associations?

EnigmaPart1

What a load of old tosh!

bazster

Wow, what a confusing rant.

(i) How do you know the calls were recorded?

(ii) Who do you believe recorded them, and what evidence do you have for that?

(iii) Whoever you believe recorded the calls, what do you believe they have now done with the recordings?

The legal situation is this:

It is not illegal to record 'phone calls, without consent, for your own personal use. However, if you do record a 'phone call it is an offence under RIPA 2000 to reveal the content of the call to a third party unless you have the consent of the other party to the call.

So, if someone has recorded a 'phone conversation with you and then made the content of the call available to someone else they have committed an offence under RIPA 2000. Good luck with getting PC Plod to take it seriously though!

And what the hell were you doing having a 'phone conversation with a PPC in the first place? Telephoning a PPC is one of the most futile exercises known to mankind. If the PPC is a member of neither the BPA or IPC then the appropriate course of action would have been to completely ignore.

DK_abc

bazster wrote: »

Wow, what a confusing rant.

(i) How do you know the calls were recorded?

(ii) Who do you believe recorded them, and what evidence do you have for that?

(iii) Whoever you believe recorded the calls, what do you believe they have now done with the recordings?

The legal situation is this:

It is not illegal to record 'phone calls, without consent, for your own personal use. However, if you do record a 'phone call it is an offence under RIPA 2000 to reveal the content of the call to a third party unless you have the consent of the other party to the call.

So, if someone has recorded a 'phone conversation with you and then made the content of the call available to someone else they have committed an offence under RIPA 2000. Good luck with getting PC Plod to take it seriously though!

And what the hell were you doing having a 'phone conversation with a PPC in the first place? Telephoning a PPC is one of the most futile exercises known to mankind. If the PPC is a member of neither the BPA or IPC then the appropriate course of action would have been to completely ignore.

I didn't have a clue what it would be like phoning such a company. I don't drive. For ten years we have lived here and there has been no permit system in place. A couple of weeks ago we were given a parking permit for guests and told a PPC would be monitoring the car park.

We had three visitors one afternoon all in cars. I gave my permit to one and the other two I left a note in the car saying "guests of - my apartment number - any problems give us a call - my phone number.

They were all parked in visitor spaces which for ten years is what we have always done. Two hours later found out two tickets had been issued. I said to my guests not to worry I will give them a call and explain you're my guests but to my surprise the dude I called launched into a foul mouthed tirade that I can only consider to be part of an intimidation process and it sorta seemed like he had a breakdown/meltdown. Really quite scary and very surreal.

As I say I don't drive and have (or had) no idea how these companies work. I said if that was his stance (that he would absolutely not back down and how dare I even think he would break rules for me) - I was blown away - I just said that they were my guests and the tickets should be made void or whatever - anyway.. He went ballistic so I said refused to enter into a shouting match and my guests were still here and I would call back later but that I wasn't happy my guests had been given tickets and would be speaking to the management company to let them know this is not on.

I called back later, same guy answered and he told me he was the director of said company and when I said I saw a thread on money saving expert and that they weren't BPA registered and couldn't get the drivers info and that for ten years we've never had a problem.. We only have more than one guest at a time maybe two or three times a year and were completely unaware that we can't have guests in VISTOR spaces anymore and therefore surely common sense should prevail and why didn't they just call me and we could have come down and moved the cars.. He said he didn't give a "****" what I thight. He didn't give a **** about my guests and he didn't give a **** if I complained... Said absolutely no way he would back down and that common sense would never prevail over rules and he went on to tell me how he deals with people pulling guns and knives and backhanders and all sorts and how people like me phoning up asking him to break rules make him sick. He went on for half an hour. I couldn't get a word in without being shouted down. Said he will sue this forum and all sorts. Complete loose cannon. Told me at the end of it it was all recorded and he didn't give a "****" if I wanted to take things further.. Which I said I felt I had to because common sense has not prevailed and no one should have to endure this sort of verbal abuse. He said sorry for the swearing and that I sounded like a decent guy but he would not change his stance.

So I phoned the management company.. They told me put a complaint in writing and get my landlord to forward it to them. I did.. I asked in letter to have a copy of the calls and they said no problem but that they were siding with the PPC and the tickets still stand.

Dropped the management company a message yesterday to ask if any update on the calls as we have a 14 day appeal period (which costs ua money to appeal) and they tell me they have given my calls to the board of directors of the property I live in and they will be dealing with it now and that because I am a tenant they will not deal with me and only my landlord. My landlord lives out of the country and this is a real hassle for me. I don't want to burden him with every email. Just trying to stand my ground and not be bullied.

I said that's unfair, dispute between me and PPC and PPC represented by management company.. Nothing to do with board of directors. Said I felt it was a breach and then they just stopped responding.

Phoned ICO and a lawyer this morning and they say 2 possible breaches - withholding data and disclosure of data to third parties without my consent.

Anyway.. Thanks for the advice everyone. When I have a resolution I will post it here.

Was a scary time I must say.

DK_abc

Oops sorry long post.. Hope it doesn't come across as a rant.

bazster

Right, so you have it in writing (e.g. email?) from the management company that some directors (of what?) have the recordings? Clear breach of the RIPA 2000. It is a matter for the police.

Please PM me the name of the parking company and the name of the sweary man (if you got it). I will not reveal it in the forum, nor to anyone else except trusted regulars here (who will also not publish it). See my post count if you doubt my trustworthiness!

The_Deep

Unless you are recording your calls, !!!!!! stop 'phoning people.

If you want to get anything done, write a letter. A telephone call can be misinterpreted, it can be denied, a letter cannot. Also, every time you post a letter, get a certificate of postage.

Furthermore, why are you getting involved? You are a tenant of an absentee landlord, the Managing Agents owe you nothing, and your guests can easily get these swatted as the landowner has not suffered a loss.

Coupon-mad

They are not BPA registered. He said something about still being able to access the car owners details.

They cannot - it's not allowed at all unless they are IPC or BPA members, not even by paper application. You don't need to respond, your guests can ignore the PCNs as they cannot be followed up by post unless someone gives them the driver's details (which no-one will because no-one should appeal if it's not an AOS member).