Anpr & gdpr

Ricey_UK

Hi everyone!

Firstly, thanks for all the advice contained in this forum - I've used it before

This one appears to be a little different??

I've received a NTK for a stay in Morrisons in Lincoln. Issued by Euro Car Parks who use ANPR.

All the dates seem to be in order and am currently within the first 14 days.

I wasn't the driver on this occasion but I am the registered keeper. I haven't seen the car park and it's signage so have no idea it hey're up to standard or not. But I'm told there are no signs that are visible outside the car park in a position that one could refuse (drive away) consent to use ANPR.

Working in an area that employs GDPR regulations quite a bit I was wondering whether the parking 'contract' is valid as they took my personal information (PI) - my VRN, and used it to obtain my name and address without my permission. Is this a reasonable question to have and would it be valid in this case?

Otherwise I'm not sure what I can contest them over.

Your help is appreciated - as always.

Cheers,

Ricey

waamo

They can access your information from the DVLA. That question has been done to death on here.

You have plenty of grounds to appeal. At the top of this board is a thread that tells Newbies to read it first. In that thread are templates to use and a comprehensive explanation of what to do.

Do not skim read it.

KeithP

They have a right to obtain the RK's info from the DVLA if they have reasonable cause. That's a Statutory right - although at the moment I cannot recall which statute.

Edited to add:
It's Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 that covers the release of information from DVLA's vehicle register to private and public sector organisations providing they can demonstrate reasonable cause to receive it. That 'reasonable cause' is to ask the RK who the driver was when the parking event took place.

Have you read the NEWBIES FAQ sticky thread?

In there you will find a blue text appeal template. Send it to the PPC. Send it without change. Send it as the keeper.

At the same time complain to Morrisons.

Redx

email the donotreply address for Morrissons and insist it is cancelled, especially if you can prove patronage of their stores or have a match and more card etc

the PPC will have a KADOE contract with the DVLA and use "reasonable cause" to get the data , which at the moment the government allow, as long as they are members of either the BPA AOS or IPC AOS list (which they will be)

so I doubt that you will have a case under the GDPR, plus if the PPC follow POFA2012 correctly they can hold a keeper liable anyway

the appeal template is in the NEWBIES FAQ sticky thread

all the other info needed including grounds for appeal are in that thread too, or any one of the thousands of popla appeals posted on this forum

Ricey_UK

Hi guys, I thought there might have been a discussion already, it's a big forum to crawl through

Yes, I've been through the NEWBIES section, and can't find a real reason to complain! Apart from they're all scammers, which, of course, they are.

The Template refers to the signage, which implies I've seen it - which I haven't. And just asking them to cancel their contract for no reason seems cheeky at best.

I do want to complain as 85 quid is far too much for a free car park fine!

I'll read through again and see if I can make some good words.

thanks

KeithP

Just send the blue text appeal as it is.
Send it as the keeper.
Send it without change.

No need to 'make good words'.

Some PPCs will give up as soon as they see the MSE template appeal.

Ricey_UK

hehe,

ok cool, will do - It's by post though according to the letter - I'll check their website though to see if I can do it electronically

thanks all

Redx

Ricey_UK wrote: »

Hi guys, I thought there might have been a discussion already, it's a big forum to crawl through

Yes, I've been through the NEWBIES section, and can't find a real reason to complain! Apart from they're all scammers, which, of course, they are.

The Template refers to the signage, which implies I've seen it - which I haven't. And just asking them to cancel their contract for no reason seems cheeky at best.

I do want to complain as 85 quid is far too much for a free car park fine!

I'll read through again and see if I can make some good words.

thanks

the idea of employing a parking company is to deter people not using their facilities from parking there, so if the vehicle should not be there and as keeper you didnt ensure it wasnt there then if they passed POFA2012 you are liable for the actions of the driver, hence the NTK , unless you name the driver instead

we tell people to complain if they have good grounds for complaining , like if the driver or keeper or an occupant of the vehicle was a patron of the store

in any case, you have the option of naming the driver instead of appealing, if you feel that the driver should take their lumps instead of you

appeals and defences are based on legal arguments, so although you havent seen the landowner contract , havent seen the signage , didnt park there yourself , any issues under the relvant CoP etc , you are actually putting them to strict proof of all of the legal appeal points to POPLA (or to a judge) , thereby letting them decide based on what they are told (not what you are told or dont know)

it is their job to prove they met all the requirements , but only if YOU raise those issues in any appeal , anything NOT raised is deemed to be of no consequence and have no bearing

KeithP

Ricey_UK wrote: »

- It's by post though according to the letter -

If sending by post, do not even think about using any 'signed for' service. All that does is allow the intended recipient to refuse delivery, then all you have is proof of non-delivery.

Send it using standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.

Ricey_UK

Redx, yes you're absolutely right - it's their job to prove they met the requirements.

I found an online appeal form - have sent it and have the automatic received email.

and Keith, i would have sent it first class regular anyway - even the POFA states that mail is assumed 'delivered' which I find refreshing - at least from the complainants point of view. Sending it registered opens them to proof of non delivery!

I'm sure they'll cave

thanks all

Umkomaas

I do want to complain as 85 quid is far too much for a free car park fine!

That's not what the highest court in this land (The Supreme Court - ParkingEye v Beavis) determined. In fact they found that precisely the charge of £85 was neither extravagant nor unconscionable. You'll have a hard (and extremely costly) job to argue against that.

Go the easy route (via the donotreply email) as advised by Redx.