Private Parking Company GDPR & Planning Compliance

Coupon-mad

Parking firms do this all the time:

http://parking-prankster.blogspot.com/2016/02/planning-backlash-against-illegal.html

2016:

https://www.northantstelegraph.co.uk/news/drivers-hope-to-use-legal-loophole-to-write-off-corby-co-op-parking-tickets-1-7393589

2019 at another site, of course PPCs ignored planning laws again:

https://www.thisismoney.co.uk/money/cars/article-6623993/Basildon-punts-decision-legalise-parking-firms-cameras-March-win-residents.html

Here's an example of someone on a similar case:

https://www.whatdotheyknow.com/request/car_park_planning_permissioncons

...and a case where P/Eye discontinued a claim when the defence cited the illegality:

http://parking-prankster.blogspot.com/2016/08/parkingeye-discontinue-two-cases.html

DragonCart

Out of interest having reviewed the privacy notice in person this evening, is a PPC entitled to use the data gatheted from ANPR cameras for their own statistical analysis for a 3 year period? Surely that's a data protection issue, and I have little faith that it will be anonymised as they claim!

Coupon-mad

No they are not, unless it's relating to a PCN for a contravening vehicle. Their excuse to keep those for up to 6 years is to sue people.

But as for images of all cars, no they can't keep data for more than a few months.

ParkingEye were reported to the ICO for keeping ANPR images of non-contravening cars for a year, and had to change it to delete those images after 6 months (which we think is still too land and excessive).

DragonCart

So the attached is definitely dodgy...Is this an ICO issue, or do I have to go to the PPC first to complain and give them the opportunity to amend it?

hxxps://ibb.co/x1gcCZm

Coupon-mad

Where have they said they keep images purely for statistical analysis for a 3 year period?

DragonCart

In their privacy notice online it says

"Where we use your personal data we will only hold the information for as long as is necessary for the purposes for which it was collected and in line with any contractual or legal obligations that we are required to adhere to. In principle we hold data in accordance with the following retention periods:

Statistical information – Anonymised Data retained for up to 3 years"

Coupon-mad

Email their DPO and ask what they mean by ''Statistical information – Anonymised Data retained for up to 3 years" and specifically, does it include car VRNs?

DragonCart

I've asked them for every request that they've made for my data, including the dates and reasons (including for statistical analysis) over a 3 year period. I've asked the same of the DVLA to see whether they correlate.



The landowner lists the number of people within a 10 and 20 minute drive time on their page for the retail park. I'm unsure whether this is an estimate based on population or whether the PPC has done a 'statistical analysis' on the distance travelled by every person who has used the car park.

DragonCart

I received a response from the PPC that "Photographic evidence and data is held on file in accordance with the Data Protection Act 2018 and is used for the sole purpose of pursuing settlement of a Parking Charge." which directly contradicts their own privacy notice signage and their online privacy notice.

Coupon-mad

Report all of this rubbish to the ICO and remind them that they have already looked into a similar complaint against ParkingEye that's been reported in the public domain, and you are concerned that this parking firm are keeping all images for a year, whether in contravention or not. P/Eye had to reduce their storage time for on contravening vehicles, to 6 months as a result of their ICO issue.