Parking Fine - Debt Collector Stage

Cunning_Plan

Thanks for the advice! Really appreciated.

pogofish

Cunning_Plan wrote: »

Since it was from 2014 just wanted to see if anything had changed and if posting my situation made it clearer to advise.

The very last line of post four:

Last edited by Coupon-mad; 21-09-2017 at 9:49 PM.

I think you might want to reset your watch to the correct date...?

Cunning_Plan

Could I ask,

If i'm complaining to the landowner (in this case I believe it to be Workspace Group PLC as they own The Biscuit Facotry site where the car park operates), do I word it similar to how I would appeal to the PCN or make it more personal. I found the CEO's email and was going to email him directly. I'm worried though that from previous cases they may either forward it to Highview Parking Ltd or I may get a robot response.

Thanks

Quentin

No need to identify the driver

Write in the third person "A passenger paid the fee........" Etc

Coupon-mad

Write it as a complaint, NOT like an appeal at all. In your own angry words without implying the driver. You can put 'we visited and we will never visit again because...'

Cunning_Plan

Perfect thank you both!

Cunning_Plan

Ok so I want to use this SAR template:

Dear Sir or Madam

Subject access request

Parking Charge Notice No: xxxxxxxx

As the registered keeper of the car (registration xxxxxxx), I received this parking charge notice but find the picture you provide is not clear to me.

Please supply the information about my car I am entitled to under the Data Protection Act 1998 relating to:

The list of all times the car was captured on (date), by any camera within the site, and all those images of the car

If you need any more information from me, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner!!!8217;s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Yours faithfully
[Signature]

Do I send it to Highview Parking direct?

Cunning_Plan

I want to send this complaint to the CEO of the landowner of the site, I used a template previous to what C-M suggested in another thread. What do you think?

OFFICIAL COMPLAINT ABOUT HIGHVIEW PARKING, AS AGENTS FOR THE BISCUIT FACTORY
I am forced to make an official complaint to you because the actions of your agent, Highview Parking, are upsetting, intimidating and will drive away genuine Biscuit Factory customers in the long run. You can no doubt guess that we have received a letter purporting to mimic a 'parking ticket' from HP - and yet we knew nothing about any issues at the time when we stopped off at the Biscuit Factory.
We had planned a visit to the Biscuit Factory to use one of the facilities there that day in hopes of having a nice day. Our drive to this location is a long one covering at least 40 minutes and it isn!!!8217;t the first time we have visited this site. We normally have no trouble and were certainly not expecting what was to come. Our visit was on a weekday in the morning and the car park was pretty much empty. The registration of one of the party members was accidentally used for payment out of habit (since they are a frequent user) instead of the car being used at the time. There are no records of that vehicle being used in the car park that day. The payment was paid in full for the duration of stay. We really didn!!!8217;t cause any losses to you nor HP.

We have now been sent a fake parking ticket by your agents. The offence is in !!!8216;violation of the terms and conditions of the signage!!!8217; even though there is evidence showcasing the payment. We are now expected to have to explain our actions to a third party private company who we had no dealings with, no contract with, and who are demanding a lot of money from us - in my book that is totally unacceptable.

We are very upset and increasingly angry about this entire episode. After frequent use of your facilities this has now left a nasty taste in the mouth. We are horrified that the Workspace Group can allow such a notorious firm to harass customers on your behalf.

I have researched the matter and intend to escalate my challenge against Highview Parking to the independent stage (Parking on Private Land Appeals). However, I am giving the Workspace Group the chance to quash the fake PCN once and for all because I feel you need to know that you and your agents are alienating genuine customers due to HP's zero-tolerance policy.

Well before renewing your contracts with Highview Parking when the time comes, might I just suggest you take time to read and digest the implications to other retailers and customers, and the picture painted of Highview Parking's aggressive business practices.

I would welcome your own view on this harassment and hope you see fit to ensure that PE cancel the 'ticket' forthwith.

Yours,

xxx

KeithP

You mention PE, i.e. ParkingEye, in your last sentence of that complaint letter.

Coupon-mad

Yes, the SAR goes to Highview by email.

Add to this middle bit:

If you need any more information from me, or a fee, please let me know as soon as possible. Take note that, if you say you will require a fee, I will simply re-submit my request after GDPR makes SARs free, on/after 25th May.

If you are not prepared for GDPR and issuing free SARs to any of your PCN-victims who request it, I suggest you may need to attend one of your Trade Body's preparation events and the last one is on Tuesday in Glasgow:

http://www.britishparking.co.uk/GDPR-Preparation-Events

I would also like to know why you are in breach of the BPA Code if Practice and the ICO Code of Practice for ANPR/surveillance camera data use? Highview did not inform me of my rights to a SAR, I had to find this out for myself.

You have omitted the requirement for a privacy notice and have failed to undertake regular data use assessments to ensure that ANPR use alongside a separate system expecting consumers to key in their VRN at this location, is proportionate and meets the test of fairness and the first principle of data protection.

This is important because in fact the driver input their own VRN (xxx xxxx) which was in fact in accordance with what the signs say ''input your full VRN'' and he made a payment that Highview's machines accepted. This despite that car not being on site, and despite the fact that your ANPR images are capable of using the data more fairly, to show drivers their car (as you do at stores such as Tesco in Hove, East Sussex) rather than the burden resting with the driver. Since your systems are clearly capable of this fairer method of data processing, Highview cannot possibly have complied with the ICO CoP and considered whether the methods used at this car park are proportionate.

I warn you of the above because I intend to report Highview to the ICO for breach of the ANPR guidelines, one you have provided a reply to this SAR.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

etc.