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DE Breaching Data Protection?
QuackNuts
Posts: 44 Forumite
I have a lot of problems from my 'Landlord' and one of his tools of harassment is District Enforcement. We have recently received a few "Notice of Impending Court Action" letters, from DE not Glodstones. One of the owners of the vehicles was quite worried and had been talking to a lawyer-type friend who had said they had seen the photographic evidence on the website.
We asked DE months ago for such evidence but had not received anything nor any indication where we might find it. The Impending Court letters gave us 14 days from the date of the letter to pay. As appealing against DE is a fruitless exercise I haven't been on their website which has changed since the first time I went on. On the Appeal section of DE's website is a page where you put the Charge Reference in and the registration. If you leave the charge reference number box empty and start to type in the registration it comes up with suggestions. There were registrations I recognised in there but there were a lot I didn't.
Is this some sort of data breach and can I use this against them?
We asked DE months ago for such evidence but had not received anything nor any indication where we might find it. The Impending Court letters gave us 14 days from the date of the letter to pay. As appealing against DE is a fruitless exercise I haven't been on their website which has changed since the first time I went on. On the Appeal section of DE's website is a page where you put the Charge Reference in and the registration. If you leave the charge reference number box empty and start to type in the registration it comes up with suggestions. There were registrations I recognised in there but there were a lot I didn't.
Is this some sort of data breach and can I use this against them?
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Comments
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We are not a DPA specialist forum. Try other forum sections of MSE or a website like Legal Beagles or Consumer Advisory Group (CAG).
While we don't recommend consulting them over fighting private parking charges per se, but maybe the CAB is better informed on DPA issues.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 Street0 -
*puts on IG hat*
Does the reference number contain any identifiers when suggestions appear eg. Surname, DoB, address etc.
Without any other identifier the reference itself isn't likely to be a breach as you can't tie it link anyone else on this info alone
However, if that's all you need to get into the system, ie. No password etc. Then yes it could be seen as a breach.
I doubt the ICO would take it further, but you could bolster your complaint with this if it allows for identification.0 -
It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.
Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.
Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.
All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.You never know how far you can go until you go too far.0 -
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However, if that's all you need to get into the system, ie. No password etc. Then yes it could be seen as a breach.
Once you've navigated to the 'Appeal' section you need a parking charge reference as well as the registration to get the photo. I have warned every visitor of the situation and as far as I know, I am aware of every charge issued. However there are registrations that I recognise who the owners are and they haven't had a NTK, so why would DE hold these registrations? The photos are from CCTV cameras which the 'landlord's' sign say are for "Security and Health and Safety" but are blatantly pointing at my building.
As Umkomaas pointed out this is a DPA question and may well open up another bag of worms. :mad:0
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