Park Watch PCN - Bus Area (Redditch)

Umkomaas

Mahone1302 wrote: »

SAR from DVLA came back today. Park Watch have listed their enquiring reason as "Breach of terms and conditions of a private car park" whereby their PCN to me says "Entered a Buses Only Access Area."

Interesting. ��

Then they've lied to the DVLA in order to acquire your personal data.

I'm not sure whether you should pursue this further with the DVLA, or launch straight into a complaint to the ICO. See if others wish to give their thoughts.

There will be many, many more such cases at this location that there's a good chance of really causing some serious damage to PW.

Half_way

Did KSC ( Kinfisher Shopping Centre) Appoint the Parking company?
If they did they would almost certainly acting as agents of KSC, therefore KSC could be jointly liable for the actions of parkwatch.

I personally don't believe that the KSC will want to be associated in any way with any court action against people for this.

If things follow through, and KSC are jointly liable ( ie parkwatch are acting as agents of KSC) and parkwatch have committed some GDPR breaches, then under the ( newish) GDPR legislation, that manager you spoke to could be held personally liable for any GDPR breach

Mahone1302

I'll complain to DVLA initially, the two reasons are obviously clearly different. In any event the KADOE contract seems to specifically refer to parking. I'll also let the Kingfisher Shopping Centre know about this, it may sufficiently worry them in to taking some action - they already seemed a little concerned when I last spoke to them.

Umkomaas

Mahone1302 wrote: »

I'll complain to DVLA initially, the two reasons are obviously clearly different. In any event the KADOE contract seems to specifically refer to parking. I'll also let the Kingfisher Shopping Centre know about this, it may sufficiently worry them in to taking some action - they already seemed a little concerned when I last spoke to them.

Perfectly logical next step. Do please keep us updated. When blood is scented, I tend to eat popcorn! A perfect accompaniment.

Mahone1302

I'm enjoying this one. I must not forget to appeal the ticket however! That's a job for Tuesday.

Mahone1302

The land is owned by KSC and from the conversation with management the other day, I would suggest that they have directly appointed Park Watch.

In what way could that specific individual also be held liable? I've tried Google searching for GDPR breaches and penalties etc but it's not clear!

Half_way

try here
https://www.insurancebusinessmag.com/uk/news/professional-liability/directors-to-be-held-personally-responsible-in-gdpr-world-103795.aspx


and here
https://gdpr-info.eu/art-82-gdpr/


although you need to understand data controller and data processor


and to play the GDPR card you need to be able to demonstrate/understand how the Principal is responsible for its agent, and then see how that affects things up /down the chain..

It may be worth letting the manager know of this thread, as the actions of his/her agents could be putting them at some considerable risk.


The parking company doesn't care if its actions cause issues/hurt the landowner/damage trade, badly affect the landowners customers - it just wants the money

TheMuteParadox

Hey, I'm the original creator of the first thread you linked. Blimey! Can't believe they didn't cancel it outright like they did for mine.


It's of my opinion they will not take you to court. It's stupidly hard to prove formal offer and acceptance within a one second period as you drive into the area. I couldn't claim for damages as they never actually took me to court so 'didn't actually suffer any damages'. If they were to take you to court, they'd probably throw their case out. If it came to a hearing, you'd have a great case for a counterclaim.


KSC will not want to be associated with fraudulent requests to the DVLA. If they're jointly liable with Park Watch for data breaches, they'll cancel the ticket in a heartbeat than risk the ticket holder kicking up a big fuss and possibly get them in trouble.

Definitely check my reddit thread here for a few more legal observations pertaining to the POFA. If they didn't state a period of parking (assuming they didn't just like my letter) then it is not POFA compliant and if you don't reveal who was driving they have no right to invoke keeper liability and make you liable as the RK. If you get claimed against, be sure to submit a counter claim with both your original NTK and your SAR request to the DVLA to show the disprancy. They've obtained your personal information fraudulently.



Perhaps the media should have a crack at it. Coupon-mad said in my thread 'That place takes the biscuit for the worst private parking entrance signs seen since ANPR Ltd used to have their joke signage (regulars will remember it!).' and I reckon she's seen quite a few

I wrote to my MP and contacted the DVLA after finding mine was cancelled.

Fruitcake

TheMuteParadox wrote: »

Perhaps the media should have a crack at it. Coupon-mad said in my thread 'That place takes the biscuit for the worst private parking entrance signs seen since ANPR Ltd used to have their joke signage (regulars will remember it!).' and I reckon he's seen quite a few

I wrote to my MP and contacted the DVLA after finding mine was cancelled.

Just a point of order. C-m is a she not a he.

Well done on your win, and thanks for your support and advice here. Keep up the good work.

Umkomaas

TheMuteParadox wrote: »

Perhaps the media should have a crack at it. Coupon-mad said in my thread 'That place takes the biscuit for the worst private parking entrance signs seen since ANPR Ltd used to have their joke signage (regulars will remember it!).' and I reckon he's seen quite a few

I don't believe he's seen any.

She might have though!