Parking Management Company Data Breach

edited 30 November 2019 at 12:12AM in Parking Tickets, Fines & Parking
24 replies 888 views
suze200suze200 Forumite
169 Posts
edited 30 November 2019 at 12:12AM in Parking Tickets, Fines & Parking
This relates to an unsuccessful POPLA appeal.

The PMC's evidence pack sent to POPLA included a full copy of the appellant's bank statement. POPLA then transferred this evidence pack back to the appellant by Gmail (not a secure method and the recipient of the email may or may not be the owner of that bank statement)

This seems like a serious breach of General Data Protection Regulation. Are there any solicitors on here to advise whether it would be worth pursing the PMC and/or POPLA for data protection breach?

The bank statement had been submitted to the PMC by the appellant to prove they, or an occupant of the vechicle, was genuine a customer of the venue. Of course the appeal was rejected.

There was no need to send the bank statement as the evidence pack also included the original appeal text box which refered to the bank statement and it was mentioned in the PMC's letter to POPLA. So what was to be gained by sending the actual bank statement to POPLA as well?

The venue (a bowling alley) said they couldn't cancel the PCN.

The initial appeal to the PMC was not handled well and the RK admitted to being the driver and was entirely based on being a genuine customer. Other grounds such a signs in extremely small font hidden behind a hedge or on high poles, a redacted contact blanking out who the contact was between etc did not provide a win with POPLA.
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Replies

  • RedxRedx Forumite
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    I suggest you contact the ICO and ask them
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • suze200suze200 Forumite
    169 Posts
    Thanks for the suggestion Redx. I have looked at the ICO website and you cant lodge a complaint with them without first contacting party who committed the data breach.

    If possible don't want to show my hand to the PPC by doing that
  • RedxRedx Forumite
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    I didn't tell you to lodge a complaint with the ICO

    I said contact them to get their opinion on your queries

    Not the same thing
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • FruitcakeFruitcake Forumite
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    I see no advantage in not telling the scammers, the BPA, and PoPLA that you believe a data breach has occurred, and instruct them not to release this personal data any further.

    I'm not sure why anyone would send an unredacted bank statement rather than one just showing a single payment, but that doesn't alter what has happened afterwards.
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  • edited 30 November 2019 at 9:49AM
    The_DeepThe_Deep Forumite
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    edited 30 November 2019 at 9:49AM
    I have looked at the ICO website and you cant lodge a complaint with them without first contacting party who committed the data breach.

    But surely you have contacted them, you said that you sent them the bank statement. You do not wish to lodge a complaint, you want to know if they have acted in a manner which might be complainable.

    [FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    [/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]
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  • suze200suze200 Forumite
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    Can someone advise please. Would the following be classed as a "forbidding" sign? So no contract?

    No Authorised Parking
    Terms of parking apply at all times
    Failure to comply with the following at any time will result is a parking charge of £100 reduced to £60 if paid within 14 days
    ! Registered users only Register your vehicle at the payment desk inside xxxx

    The above is all on the same small sign (I cant attach pics)
  • UmkomaasUmkomaas Forumite
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    Looks to be one. There is no offer to park. At best it's a case of trespass that only the landowner can pursue, and then for only a peppercorn amount.

    But you don't need to persuade us, it will be for you to persuade a Judge.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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  • OnthewallOnthewall Forumite
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    I see you are wrong, yet again. There is an offer to park but you have to be authorised. Forbidding is when there is no offer to park, I hope people don’t listen to you...
  • UmkomaasUmkomaas Forumite
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    suze200 wrote: »
    Can someone advise please. Would the following be classed as a "forbidding" sign? So no contract?

    No Authorised Parking
    Terms of parking apply at all times
    Failure to comply with the following at any time will result is a parking charge of £100 reduced to £60 if paid within 14 days
    ! Registered users only Register your vehicle at the payment desk inside xxxx

    The above is all on the same small sign (I cant attach pics)
    Onthewall wrote: »
    I see you are wrong, yet again. There is an offer to park but you have to be authorised. Forbidding is when there is no offer to park, I hope people don’t listen to you...

    Read what it says!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • steve1500steve1500 Forumite
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    Anyone can report a breach to the ICO - you certainly don't have to speak to the company first

    You would complain to the company if they were misusing your information, before you could ask the ICO to investigate

    For example, you would complain to Parking Lie that they had not complied with Article 13 - we know they don't.

    A couple of weeks later you drive into the same Aldi car park, nothing has changed re the signage. You then complain to the ICO
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
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