IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

June 2018 - start of the new PPC and DVLA fightback (GDPR related)

Options
1171820222325

Comments

  • abedegno
    abedegno Posts: 177 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Umkomaas wrote: »
    Well done for your persistence on this. A bit of a poke in the eye for ParkingEye! A bit of a damp response from the ICO in terms of proactively monitoring whether PE do anything whatsoever to comply.

    You're right, this is a bit damp response - but this is similar to other responses I have had from the ICO where an organisation appears to be non-compliant with data protection law. I think ultimately as a regulator the ICO is significantly under-resourced and unless there is a significant data protection breach they leave civil prosecution to the complainant.

    Should I begin my own action and reach the County Court sticking the ICO's response in front of the judge would be highly probative.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas wrote: »
    Well done for your persistence on this. A bit of a poke in the eye for ParkingEye! A bit of a damp response from the ICO in terms of proactively monitoring whether PE do anything whatsoever to comply.

    Do you remember ParkingEye saying they keep data in case the police etc want it ....... ????

    Where needed we should advise people to complain to ICO as well
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    beamerguy wrote: »
    Do you remember ParkingEye saying they keep data in case the police etc want it ....... ????

    In their role of helping to reduce crime!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • abedegno
    abedegno Posts: 177 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I've now sent an email to ParkingEye to poke the bear - if they are still non-compliant will sent a LBC and see what happens :)
  • just received a GDPR response from HX Car Park Management, who say they don't keep any data unless it relates to an infringement. I've queried the police and law enforcement/investigation angle - but if what they say is true it looks like they are following good practice.


    But at the same time they say they have no Automated Decision making - which I find hard to believe that it is a manual process to look at photos on entry/exit and match to a Pay and display machine to see if there are any infringements.


    I don't buy it? anyone else have a view on that one?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    sparkyhx wrote: »
    just received a GDPR response from HX Car Park Management, who say they don't keep any data unless it relates to an infringement. I've queried the police and law enforcement/investigation angle - but if what they say is true it looks like they are following good practice.


    But at the same time they say they have no Automated Decision making - which I find hard to believe that it is a manual process to look at photos on entry/exit and match to a Pay and display machine to see if there are any infringements.


    I don't buy it? anyone else have a view on that one?

    With the methods the scammers and dodgy legals use, nobody can buy anything that any of them say.

    They built the scam all by themselves, they simply cannot command any trust ........ they created it
  • Castle
    Castle Posts: 4,830 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    sparkyhx wrote: »
    But at the same time they say they have no Automated Decision making - which I find hard to believe that it is a manual process to look at photos on entry/exit and match to a Pay and display machine to see if there are any infringements.

    I don't buy it? anyone else have a view on that one?
    If there are no automated decision making, then ask them who decided to take a photo of your vehicle entering and leaving.
  • abedegno wrote: »
    You're right, this is a bit damp response - but this is similar to other responses I have had from the ICO where an organisation appears to be non-compliant with data protection law. I think ultimately as a regulator the ICO is significantly under-resourced and unless there is a significant data protection breach they leave civil prosecution to the complainant

    Just revisited this thread and agree with the sentiment above. Given it's a year since the Britannia ticket received by a family member that was later cancelled, will strongly recommend them to exercise right of erasure given the time lapsed in light of what the ICO has said above (Admittedly a ticket was issued in our case but then cancelled by the landowner, so would probably not be classed as "non infringement parking").

    I definitely want to test the ICO with regards to Britannia's privacy policy that stipulates they will retain personal data for 7 years after the contractual relationship ends (i.e. non infringement parking). They also mention that if enforcement action is used against you, they may maintain records for more than 7 years, effectively giving them carte blanche to hold your data as long as they please. Makes me wonder how they treat the personal data for tickets where landowners have cancelled or a court has found against the parking Co or multiple POPLA appeals have been won by the same "infringing" keeper/driver/hirer etc.
  • steve1500
    steve1500 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 3 January 2019 at 5:06PM
    sparkyhx wrote: »
    just received a GDPR response from HX Car Park Management, who say they don't keep any data unless it relates to an infringement. I've queried the police and law enforcement/investigation angle - but if what they say is true it looks like they are following good practice.


    But at the same time they say they have no Automated Decision making - which I find hard to believe that it is a manual process to look at photos on entry/exit and match to a Pay and display machine to see if there are any infringements.


    I don't buy it? anyone else have a view on that one?

    Of course it is automated decision making

    Been helping someone who has received an invoice from HX One word

    Rollocks


    Also a lot of people are mentioning retention periods - it is supposed to be on the signage along with a load of other stuff - Article 13.


    So if complaining to the ICO please say they are not complying with Article 13
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
  • steve1500
    steve1500 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 4 January 2019 at 1:31PM
    sparkyhx wrote: »
    just received a GDPR response from HX Car Park Management, who say they don't keep any data unless it relates to an infringement. I've queried the police and law enforcement/investigation angle - but if what they say is true it looks like they are following good practice.

    sorry missed this bit, Police, Taxation exemption - Cobblers

    What is the crime

    They must get their advice about DPA from the same bit of the internet that says you can ignore the invoices
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.