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

AmaniA

Using the very helpful Resolver tool, this is the GDPR breach email i’ve just sent to PE:

Information rights concern
s

Dear ParkingEye

I note that you have now cancelled the unfair parking charge relating to the above reference number and vehicle registration number.

I am concerned that you have not accessed my personal information in accordance with GDPR regulations and have therefore not handled my personal information properly or legally - because you had no legal right to access it in the first place.

Despite my car not being in contravention of any parking restrictions at the Aldi site on 26 and 27 January 2019, you used the vehicle registration number to access, use and store my personal information. I did not agree to this or give you the necessary consent.

I understand that before reporting my concern to the Information Commissioner’s Office (ICO) I should give you the chance to deal with it.
If, when I receive your response, I would still like to report my concern to the ICO, I will give them a copy of it to consider.

You can find guidance on your obligations under information rights legislation on the ICO’s website as well as information on their regulatory powers and the action they can take.

Please send a full response within one calendar month. If you cannot respond within that timescale, please tell me when you will be able to respond.

Please note if you advise me you cannot deal with this email or cannot pass it to the correct person in your company and instead require a physical posted letter, I will charge you for costs as well as my time and inconvenience for having to do this.

Yours faithfully

DoaM

Umkomaas wrote: »

For all their other faults, PE are efficient at confirming cancellations in writing. Usually takes 7-10 days.

We're still waiting for our notification of cancellation - the PCN stills shows as open on PE's website, even though we were told over 4 weeks ago that Aldi had instructed PE to cancel it.

(Reminder to self - get SWMBO to complain again to the Aldi manager).

AmaniA

And I wonder how much responsibility the DVLA should bear for the GDPR breach too? So I’ve asked them...

Dear DVLA

I am writing to you to raise the issue of a GDPR breach recently committed by the DVLA.

I understand that the DVLA has recently provided my personal details to ParkingEye unlawfully and without my consent.

ParkingEye recently sent me a parking infraction penalty charge notice and my appeal was immediately upheld because I could prove without any doubt that their number plate recognition did not provide accurate information, and in fact no parking infraction occurred. In fact I understand it is broad public knowledge and very visible in the public domain that for a number of years ParkingEye’s number plate recognition cameras are unreliable.

Therefore, it is clear that because no parking infraction occurred and they have been aware for a number of years that their systems are unreliable, ParkingEye had no right or consent to obtain, use or store my personal information. And you had no right to provide my personal information to them. Therefore I understand this means a GDPR breach has occurred.

I understand that before reporting my concern to the Information Commissioner’s Office (ICO) I should give you the chance to deal with it.
If, when I receive your response, I would still like to report my concern to the ICO, I will give them a copy of it to consider.

You can find guidance on your obligations under information rights legislation on the ICO’s website as well as information on their regulatory powers and the action they can take.

Please send a full response within one calendar month. If you cannot respond within that timescale, please tell me when you will be able to respond.

Please note if you advise me you cannot deal with this email or cannot pass it to the correct person in your company and instead require a physical posted letter, I will charge you for costs as well as my time and inconvenience for having to do this.

I look forward to your prompt response on this matter. As recommended by Trading Standards, I would like to keep a complete record of my case, so please reply back via this email account.

Yours faithfully,

KeithP

You will get this response:

Thank you for your email of dd mm yy about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register.

The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of motorists is respected while enabling those who may have suffered loss or damage to seek redress.

Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 permits the disclosure of vehicle keeper information to those who can demonstrate a reasonable cause for needing it. The release of information under this legislation is not based on the consent of the data subject. Regulation 27 provides a legal gateway for the release of information. Disclosure in these circumstances does not breach the Data Protection Law and the Information Commissioner’s Office is fully aware that data held on the DVLA’s records is released in this way.

Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I hope you can appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable.

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, however I have been in correspondence with Parking Control Management (UK) Ltd to review the evidence for all 3 of the vehicle registration numbers you have mentioned and DVLA are satisfied that reasonable cause has been met to seek keeper data.

To help ensure motorists are treated fairly when any private parking charge is pursued the DVLA discloses vehicle keeper information only to companies that are members of an appropriate Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an ATA is to ensure that those who request DVLA information are legitimate companies that operate within a code of practice. The code of practice promotes fair treatment of the motorist and ensures that there is a clear set of standards for operators that cover, among other things, signage, appeals processes, and methods of contacting drivers.

The company in question ParkingEye Ltd is a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The BPA’s code of practice is published on its website at https://www.britishparking.co.uk under the heading Accredited Operators Scheme. If a member of this AOS does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA at Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex, RH16 3AH.

AmaniA

Maybe, but then i’ll ask how they demonstrated reasonable cause when there was none in this case... and so on...

beamerguy

AmaniA wrote: »

Maybe, but then i’ll ask how they demonstrated reasonable cause when there was none in this case... and so on...

Everything you say is right

As Keith points out, all you will get back is a fob off.

The DVLA are full of verbal diarrhea and have been for years and they flout the new GDPR because the ICO allows them to do so.

If the DVLA were caught just once, the floodgates would open, so the ICO could not allow that

It is a corrupt old country we live in and it all stems from the top ?

By all means have your say, it is your right but don't waste too much time on a dead end road

Umkomaas

What a great fightback example you are showing AmaniaA. I wish the other 99% of posters we help here could also show the same guts and determination.

I'm afraid that once we've got them off their charge, the vast majority just slide away, leaving the ongoing fight to a relatively small number of determined regulars.

AmaniA

thats a shame, I don’t normally go on forums to be honest, but this ParkingEye thing with their inaccurate number plate recognition really annoyed me. And I have some time this week so I just thought why not post some info that helps others in the same boat. I can’t stand inept, complacent and/or greedy corporate bullies. And what’s worse is the ‘enabling’ and complicit organisations and governing bodies that could, but fail to act to protect the public, like the DVLA...

Thanks for your support. v much appreciated : )

AmaniA

To be honest with you, i’m doing this as a living case study. And i’m posting this because Social Media and other forums etc are full of people who have had the same experience and have no idea what to do. Some are really upset and panicking about it. And it;s happening every day.

I don’t expect to change the world I just want to offer a tried and tested road map and some example correspondence to copy for people to handle the appeals process and vent their anger productively if they wish.

beamerguy

AmaniA wrote: »

thats a shame, I don’t normally go on forums to be honest, but this ParkingEye thing with their inaccurate number plate recognition really annoyed me. And I have some time this week so I just thought why not post some info that helps others in the same boat. I can’t stand inept, complacent and/or greedy corporate bullies. And what’s worse is the ‘enabling’ and complicit organisations and governing bodies that could, but fail to act to protect the public, like the DVLA...

Thanks for your support. v much appreciated : )

Have a look at this from WATCHDOG 2018, it's Parking Eye
Even the BPA say that ANPR is not accurate ????

https://www.youtube.com/watch?v=WIaKMkO3YVM