Aldi Parking Eye - Successful Appeal with apology from Aldi...

Coupon-mad

Although DVLA already hold all my personal data inc car info so it’s not necessarily a GDPR breach passing it back I think (?)

I think it is arguable that ParkingEye passing on photos of your car and steering the DVLA to look at the dust 'just above' the numberplate (how does dust on bodywork above the numberplate even matter?!) could be a data breach.

This was a cancelled PCN, and your argument was that ParkingEye had no 'reasonable cause' to get your data at all, given the failure of their ANPR system which is well known as to be a significant issue with these systems:

http://notomob.co.uk/discussions/index.php?topic=5768,0

And what did the DVLA do? They asked ParkingEye about it, who appear to have shared some photos of your car with the DVLA and discussed any dust or dirt on the body of the car, and the DVLA have been steered into blaming you for that, rather than bothering to entertain the fact that ANPR invariably/always fails people who visit twice.

Jeez, even the BPA know it is ALWAYS an issue and needs manual checks & intervention to avoid these PCNs because the system works this way by default:

https://www.britishparking.co.uk/ANPR

As with all new technology, there are issues associated with its use:

a) Repeat users of a car park inside a 24 hour period sometimes find that their first entry is paired with their last exit, resulting in an ‘overstay’. Operators are becoming aware of this and should now be checking all ANPR transactions to ensure that this does not occur.

So, given that that article is several years old and this is their Trade Body stating this as fact, WHY are ParkingEye still making wholly automated decisions about data gleaned, and not carrying out any checks & balances at all?

AmaniA

Thank you Coupon-mad, this is all excellent info and i’m very grateful : ) it helps a lot
Hope you have a lovely weekend

AmaniA

Holding response received from the DVLA today, so no further action from me until they have investigated properly and come back with their conclusions...

“Thank you for your email to the DVLA.

As this matter has not been investigated by the complaints team, it has been passed to us for reply and recorded at Step 1 of our formal complaints procedure.

We will issue a full reply within the next 10 working days. If a full reply can’t be issued within that time, we’ll let you know why and tell you when you can expect to receive it.

Our complaints procedure can be found on our website at:

www. gov.uk... “

Half_way

see how far it goes, the many stages are there?

as for this

So, given that that article is several years old and this is their Trade Body stating this as fact, WHY are ParkingEye still making wholly automated decisions about data gleaned, and not carrying out any checks & balances at all?

the answer as to why, is that they can get away with it/are getting away with it. And its very profitable

Coupon-mad

And the DVLA listen to their version, and let them continue.

Umkomaas

Coupon-mad wrote: »

And the DVLA listen to their version, and let them continue.

No one with enough spunk to take them on. Taking things cautiously, safer in siding with the corporation rather than the little man, and simply and anonymously working stoically towards something rather nicely index-linked.

AmaniA

Here’s the latest from the DVLA. They seem to be unable to effectively answer or even acknowledge the vast majority of my questions and concerns in my last letter. Next step ICO. Still nothing from Parking Eye re data concerns. They have until 5 Mar to respond.

‘Thank you for your email of 14 February about a breach in the parking terms and conditions by ParkingEye Ltd. I have been asked to reply.

It is regrettable that this matter has not been resolved to your satisfaction. Unfortunately, there will be occasions when we are unable to give a customer what they would like, or agree with their views. I am aware that our Data Sharing Strategy and Compliance Team have previously explained to you how legislation has been applied in your case, and there is little I can add to this.

The law allows the DVLA to disclose vehicle keeper information to those who can demonstrate a reasonable cause for requiring it. Reasonable cause is not defined in legislation but the Government’s policy is that it should relate to the vehicle or its use, following incidents where there may be liability on the part of the driver. Guidance on what constitutes reasonable cause is published online at www gov.uk/request-information-from- dvla

ParkingEye Ltd receive information on the condition that it will only be used to help follow up the alleged parking contravention. It cannot be further processed for any other purpose. DVLA audit teams visit external data users to ensure that information is only requested and used appropriately.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private car park enforcement companies. The DVLA cannot regulate any aspect of a company’s business. Any representations should be made to the landowner or his agent. DVLA releases information on the basis that reasonable cause is demonstrated.

We cannot regulate directly the manner in which a parking management company is operated. Therefore, we have no influence over the methods of payment, scale of charges, position of signage the length of time motorists are allowed to park or the hours the company operates parking conditions for. These are matters between the landowner and the company employed to manage the car park.

As previously advised, the Automatic Number Plate Recognition (ANPR) system may not have recorded the vehicle movements correctly. The rear of the vehicle has a covering of dust/ dirt which starts just above the vehicle plate. This may have contributed to the ANPR camera failing to capture the Vehicle Registration accurately on the date of the event. As mentioned the charge has been cancelled and you were informed of this on 6th February.

I am unable to comment on the failure to captuture an ANPR image of your rear number plate on 26 January.

All personal data will be removed from ParkingEye’s systems in line with their data retention policy. An audit trail of the enquiry must be kept for 2 years as it was requested in error the personal information must be deleted.

Turning to your request about the revenue received by us from ParkingEye Ltd and case number. I have sent this as a Freedom Of Information (FOI) request to the relevant team, they will issue a response to you separately

In note it is your intention to contact the contact the ICO. Their contact details are Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5A.”

Umkomaas

I haven't chased back through all the posts, but have you considered copying some of these fob-offs to Sit Greg Knight, as the finishing touches to his Bill are underway, and the DVLA is on his radar, although perhaps not sufficiently in the cross hairs as many of us would want.

Well done on your continuing persistence and doggedness.

LuLu72

Can anybody give me the email address to the CEO of Aldi or point me in the right direction to find it please? I am dealing with a similar situation.
Many thanks,
Lu.

beamerguy

LuLu72 wrote: »

Can anybody give me the email address to the CEO of Aldi or point me in the right direction to find it please? I am dealing with a similar situation.
Many thanks,
Lu.

ALDI UK

Mr Giles Hurley Managing Director

Email gmd.cs@aldi.co.uk