Parking Charge Notice (PCN) - Data Breach

Sheeh8n

Hello,

I need some help, I picked up a parking charge notice (PCN) from ParkingEye (private car parking company). I received the letter 3 days after the alleged offence.

I have read but yet to find anything formally stated that a private car parking company can only obtain my personal details from the DVLA and forward the PCN after a 28 day period. This is a breach of personal data by the DVLA which I believe I could make a claim (any advice on this would also be helpful if there is a case). Should they forward the notification/ PCN before this period then they cannot pursue and legally enforce the PCN.
I am in a situation now where I have received a court claim letter.

Can anyone shed any light on this? Ideally from a legal perspective?

Thanks in advance
Paul

KeithP

Assuming there was no Notice to Driver left on the vehicle, it is quite in order for the Notice to Keeper to be received through the post in that timescale.

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Redx

at the moment you are wasting your time thinking about any possible GDPR data breach

a parking company has 6 months to get keeper details from the DVLA, under reasonable cause, providing they belong to the BPA or IPC AOS membership system

if they issue a windscreen ticket they have to wait 28 days before obtaining keeper data, or if they use ANPR or handheld cameras they can get it right away

you would be better off concentrating on your live court case for the time being, then you can explore any possible data breach once it is concluded, because at the moment you have nothing to go to the ICO with, this topic has come up time and time again on here, so its clear you havent done any research on it or read those threads

Coupon-mad

I have read but yet to find anything formally stated that a private car parking company can only obtain my personal details from the DVLA and forward the PCN after a 28 day period.

Probably because that's not true.

Please read the NEWBIES thread. The first post has a link to the POFA Schedule 4, for those who 'want to dig deeper' and if you look at paragraph 9, that defines the fact a postal PCN can be issued straight away.

The second posts tells you all about how to defend/usually win a court case from a PPC.

I have received a court claim letter.

The actual claim form, from the CCBC, or a Letter before Claim, from ParkingEye?

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

Sheeh8n

Thanks for the response. It doesn't look good but I did read this from the Guardian...

I should point out specifically the following under 'How to dispute a parking charge notice', bullet point 4;

' Check that any Notice to the Registered Keeper was sent out more than 28 days after the parking ticket was issued. If it was sent earlier then the parking company cannot sue the registered keeper for any alleged parking charges. If the parking company requested that the DVLA provide the name and address of the registered keeper earlier than 28 days after issuing a ticket, it cannot sue the registered keeper. It also may be a breach of the Data Protection Act, for which the DVLA may be liable.'

I HAVE THE ARTICLE BUT I CAN'T POST LINKS IN HERE!!!

As you can see it is misleading but does this change anything?

Umkomaas

That refers to a windscreen ticket. ANPR camera capture is different.

NEWBIES - HOW TO POST LINKS TO MSE

To post a link, copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't show live links until they've a few posts under their belt.

Sheeh8n

Issue date is 14th Jan 2019

Yes it came from County Court Business Centre, Northampton

Sheeh8n

The actual reason I could not pay was because the ticket machine stated it accepted £2 coins of which I had two of them at the time and both coins fell through to the change slot below. (The car park was £2 all day).

I tried the pay by phone method and I received a message to say it was out of operation and I was required to download an app and pay but I had no data on my phone to do so.

This seemed unreasonable to me and reasonable for me to park at the time without paying (I was visiting a client at the time which I was late for so I admittedly was in a rush).

Does this add weight to my case?

KeithP

Sheeh8n wrote: »

Issue date is 14th Jan 2019

Yes it came from County Court Business Centre, Northampton

With a Claim Issue Date of 14th January, you had until Monday 4th February to do the Acknowledgement of Service.

Did you do the AoS by that date?

If not, then the Claimant has been able since 4th February to seek a Default Judgment against you.
Check you claim history on MCOL to see if that has happened.


If you did do the AoS in a timely manner, you had until Monday 18th February 2019 to file your Defence.

From your posts it seems clear that you missed that date too and have not yet filed a Defence.

If your MCOL Claim History shows no Default Judgment, I would suggest you file a Defence as soon as possible - preferably before 4pm today.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Sheeh8n

I opted for the 28 day period to put a case together but I have banked on the 28 data breach which I described earlier.

Can I now add more evidence to my case?