Highview PPC: DPA Breach ? advice / thoughts please!

Miffed1892

Hi - I've searched the threads before but couldn't find anything that covers my situation (there are lots of threads though, so apologies if i'm duplicating something else and feel free to move me!)

As registered keeper, I recently received a PCN from Highview for a car park in Warrington they 'manage' which is monitored by ANPR. The PCN stated my vehicle had entered at 06:51 and departed at 19:31 - both correct - and that they "do not have evidence that a sufficient parking payment was made for this vehicle to cover the full duration of the visit " However ... a parking ticket was obtained (and fortunately kept), which clearly shows it was purchased at 06:53 that day and was valid until 22:53 and also shows the correct registration of my vehicle. It was left in clear view when the car was parked.

I have appealed and sent a photo of the ticket, wasting two hours of my life in the process, as their online appeals system does not accept JPEGS - Tip.. convert it to a PDF. They can of course refuse the appeal...hmmm....

I'm no expert, so my question is, did Highview have reasonable cause to apply to DVLA for the registered keeper details, given that a valid ticket was issued from their machine two minutes after entry to the car park? I have asked them to explain that one in writing in my appeal...

Regardless of their explanation (assuming I get one) - what steps should I take next - simply complain to DVLA or more? I see from some older threads that it's not the first time Highview's ANPR has got it wrong, but in this case communication between the ANPR cameras and the ticket machine seems to have completely broken down ...It used to be so much simpler, when I just handed my money to the friendly attendant, who has been made redundant by 'technology'

Any thoughts guys?

Thanks

Redx

you may not like it but yes they can do this , welcome to the shady world of private p@rking sc@ms

the DVLA will say that they have a KADOE contract with the PPC and the PPC can get those details for a small fee , which they do thousands of times per annum , per PPC

the simple answer for now is dont dwell on it and just follow the advice in the NEWBIES sticky thread

later on in the future you may find they are in the wrong , that there was a DPA breach and you can then sue them for say £250

but all that is supposition for the moment , you have a pcn to deal with , all this learned stuff is for the future where you may end up reporting them to the DVLA and the ICO and subsequently filing a court claim within 6 years

you are a long way from any of that , so just do what thousands of others are doing , deal with the pcn first and worry about armageddon later

Half_way

Whilst you should be getting the charge notice cancelled, i don't see anything wrong with putting them on notice that they may have breached the DPA and you are activly investigating that matter.
You should also contact the landowner/who ever took on Highview and tell them that as they are jointly and severally liable for the actions of their agents you may also be serving notice against them for a breach of the DPA as a result of their agents actions

The_Deep

Some good stuff here and on Parking Cowboys


https://forums.moneysavingexpert.com/discussion/5574492

Miffed1892

Thanks RedX - I'm not stressed around the PCN as the evidence I paid completely destroys their claim - I'm not on a crusade but I take a wider view that I need to take further action to protect others who face a similar situation with Highview, particularly if they have no proof of payment - the company have a history of getting it wrong and they need to be held to account when they continue to get it wrong - particularly when they are obtaining personal data based on flawed company processes - google "highview halton hospital" , which resulted in a DVLA suspension - sorry can't post a direct hyperlink as a new user! This is cut and pasted from the Liverpool echo ..

July 2015 - HIGHVIEW Parking has been suspended from collecting data on motorists visiting Halton General Hospital in Runcorn.

The DVLA also confirmed in writing to Cllr Dave Thompson, Halton Lea ward, that it has launched an investigation over the matter.

The letter said it was suspending Highview’s access to the DVLA driver database ‘due to the serious nature of the complaint’.

Cllr Thompson had written to the DVLA in relation to a case of a woman from Runcorn who had not even visited the hospital but only driven past.

Blocking the company means the firm cannot send fines to motorists.

The agency told the councillor it aims to provide a comprehensive response within 10 days.

Mr Thompson, Labour, described the DVLA’s bombshell move as the ‘temporary downfall’ of Highview Parking.

Hospital bosses hope the issue will 'be concluded as soon as possible'.

A Warrington And Halton Hospitals NHS Foundation trust spokesman said: "Highview Parking have confirmed that they have received a DVLA request to temporarily hold any requests made for alleged parking infringements at Halton General.

"This is as a consequence of the issues raised with ourselves and the DVLA which we have been actively looking at and discussing with Halton Borough Council to resolve any concerns.

"We hope this will be concluded as soon as possible. It does not affect the Warrington Hospital site.”

Timothea

I assume you received a PCN in the post from Highview. Since you have proof that you paid the correct fee and entered the correct vehicle registration number, Highview did not have reasonable cause to obtain your personal information from DVLA.

See this thread for further details about DPA breach. This explains how to send a Section 10 Data Subject Notice to the PPC, along with an example. I think you should do this straight away, if you want to escalate matters. It may also focus their minds on cancelling the PCN sooner rather than later.