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ParkingEye - GDPR Breach?
Wickolad
Posts: 5 Forumite
Hi.
As per my usual luck, I have discovered this Site probably a little late to take advantage of all the excellent advice regarding the appealing of PCN's.
I recently received such a notice through the post from ParkingEye whom, in my opinion had unlawfully obtained my personal data from DVLA.
Circumstances are that on 16th January 2020, the outward facing ANPR camera situated at the entrance / exit of the Permit Holder Only car park of Old Warwick Brewery, Newark, collected images of my vehicle.
The car park is monitored by ParkingEye.
The 2x images captured and used as "Evidence" are each date / time stamped 16 January 2020
Arrival 13:58:16 hrs and Departure 14:14:51 hrs that day.
Both images are of the REAR panel of my motorhome, which was parked nearside to kerb, some 20 to 25 metres away from the barrier entrance to the Permit Holders Only car park (barrier was raised at the time).
The Road has no painted lines or signage to indicate there are any restrictions whatsoever, and is clearly outside boundaries of the car park. Such was my anger at receiving this PCN and knowing that I hadn't parked within the car park, I immediately checked ParkingEye Ltd website for a contact number for Customer Services, Complaints. I quickly learned there's actually no way to speak to any person within any department of ParkingEye Ltd.
What I did find on their website was a statement that they perform a 21 point check of all suspected breaches of terms before finally issuing a PCN (Laughable).
Not the best move in hindsight, but I jumped straight in and submitted an online appeal, pointing out that I was parked up some 20 mtrs Outside the boundaries of the car park and had definitely NOT parked in the Permit Holder Only carpark.
I thought they would review the case and realise their Huge Mistake. How wrong was I, I duly received an email that my appeal was rejected, signs of terms and conditions of parking were at the entrance and clearly displayed throughout the car park. I could pay the £60 giving me a goodwill gesture of a further 14 days to pay at the reduced fee, or go to POPLA where if my appeal was rejected I would be liable for the whole £100.
Not happy with this reply as they had quite obviously NOT REVIEWED the appeal as they are required to do according to BPA standards, I drove the 112 miles round trip in order to obtain photographic evidence I needed, as simply knowing there were no parking restrictions on the road and NO signage to state this area was under the control of ParkingEye doesn't cut it. I needed photographic evidence of my own. I have used this evidence in my online appeal to POPLA,
clearly stating both images are of the rear of my vehicle, which was parked outside of the jurisdiction of the car park and that the images were obtained unlawfully.
In my Opinion, if ParkingEye are using an Outward facing ANPR camera, taking images outside of the boundaries of their control, they must have a duty under DPA to control Collateral Intrusion. In this case, they have collected images of my vehicle 20 to 25 mtrs outside their boundary and furthermore unlawfully obtained my personal data from DVLA using details from images obtained of my vehicle by Collateral Intrusion.
At this time, I await the decision of POPLA.
In the meantime, I have requested a SAR from ParkingEye as follows,
9th February 2020
Lxxx Exxxxx
X Hxxxxx Road, Wickersley,
South Yorkshire
Sxx 2xx
Tel- xxxxxx
Email - l4xxxxxxxx@gmail.com
Dear Sir/ Madam,
With regards to the following
Parking Charge Notice - 5xxx/xxxx, unlawfully incurred on 16 January 2020 at 14:14hrs Old Warwick Brewery, Newark - Residents car park.
POPLA Ref: 60xxxxxxx
VRM - L2xxxx
Please supply the personal data you hold about me, which I am entitled to receive under Data Protection Law, held in ANPR images captured of my Vehicle VRM - Lxxxx on 16 January 2020. At Old Warwick Brewery, Newark, Notts.
Please be aware DPA Section 173(3) now makes it an offence to "alter, deface, block, erase, destroy or conceal information with the intention of preventing disclosure of all or part of the information that the person making the request would have been entitled to receive."
With this in mind I request copies of All Original Images captured, unaltered, uncropped or changed in any way that may erase the Foreground, Background and immediate surrounding area, which identifies the realtime location of said vehicle VRM- Lxxxx, particularly at PCN evidential times quoted as Arrival 13:58:16hrs & Departure 14:14:51hrs.
I would like to receive the data / images electronically and will gladly accept them as attached files to my personal Email address, l4xxxxxxxx@gmail.com
It may be helpful for you to know that data protection law requires you to respond to a request for personal data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your data protection officer or relevant staff member.
If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk, or it can be contacted on 0303 123 1113.
Yours Faithfully,
Lxxxxx Exxxxxx
And that's it, my case as it stands.
I am waiting the decision of POPLA and also awaiting the results of the SAR. I am expecting that, should ParkingEye return the Original Captured Images, not the blown up and cropped images attached to the PCN, then it will be an all new ball game.
I am intending to make a complaint to DVLA and ICO but need to investigate this further. Do any of you fine people ( if still awake after reading this) have any suggestions or advice or even if I am barking up the wrong tree in my thinking that ParkingEye have overstepped the mark...... yet again.
I await any response and thank you for taking the time to read this.
Regards,
Wickolad.
As per my usual luck, I have discovered this Site probably a little late to take advantage of all the excellent advice regarding the appealing of PCN's.
I recently received such a notice through the post from ParkingEye whom, in my opinion had unlawfully obtained my personal data from DVLA.
Circumstances are that on 16th January 2020, the outward facing ANPR camera situated at the entrance / exit of the Permit Holder Only car park of Old Warwick Brewery, Newark, collected images of my vehicle.
The car park is monitored by ParkingEye.
The 2x images captured and used as "Evidence" are each date / time stamped 16 January 2020
Arrival 13:58:16 hrs and Departure 14:14:51 hrs that day.
Both images are of the REAR panel of my motorhome, which was parked nearside to kerb, some 20 to 25 metres away from the barrier entrance to the Permit Holders Only car park (barrier was raised at the time).
The Road has no painted lines or signage to indicate there are any restrictions whatsoever, and is clearly outside boundaries of the car park. Such was my anger at receiving this PCN and knowing that I hadn't parked within the car park, I immediately checked ParkingEye Ltd website for a contact number for Customer Services, Complaints. I quickly learned there's actually no way to speak to any person within any department of ParkingEye Ltd.
What I did find on their website was a statement that they perform a 21 point check of all suspected breaches of terms before finally issuing a PCN (Laughable).
Not the best move in hindsight, but I jumped straight in and submitted an online appeal, pointing out that I was parked up some 20 mtrs Outside the boundaries of the car park and had definitely NOT parked in the Permit Holder Only carpark.
I thought they would review the case and realise their Huge Mistake. How wrong was I, I duly received an email that my appeal was rejected, signs of terms and conditions of parking were at the entrance and clearly displayed throughout the car park. I could pay the £60 giving me a goodwill gesture of a further 14 days to pay at the reduced fee, or go to POPLA where if my appeal was rejected I would be liable for the whole £100.
Not happy with this reply as they had quite obviously NOT REVIEWED the appeal as they are required to do according to BPA standards, I drove the 112 miles round trip in order to obtain photographic evidence I needed, as simply knowing there were no parking restrictions on the road and NO signage to state this area was under the control of ParkingEye doesn't cut it. I needed photographic evidence of my own. I have used this evidence in my online appeal to POPLA,
clearly stating both images are of the rear of my vehicle, which was parked outside of the jurisdiction of the car park and that the images were obtained unlawfully.
In my Opinion, if ParkingEye are using an Outward facing ANPR camera, taking images outside of the boundaries of their control, they must have a duty under DPA to control Collateral Intrusion. In this case, they have collected images of my vehicle 20 to 25 mtrs outside their boundary and furthermore unlawfully obtained my personal data from DVLA using details from images obtained of my vehicle by Collateral Intrusion.
At this time, I await the decision of POPLA.
In the meantime, I have requested a SAR from ParkingEye as follows,
9th February 2020
Lxxx Exxxxx
X Hxxxxx Road, Wickersley,
South Yorkshire
Sxx 2xx
Tel- xxxxxx
Email - l4xxxxxxxx@gmail.com
Dear Sir/ Madam,
With regards to the following
Parking Charge Notice - 5xxx/xxxx, unlawfully incurred on 16 January 2020 at 14:14hrs Old Warwick Brewery, Newark - Residents car park.
POPLA Ref: 60xxxxxxx
VRM - L2xxxx
Please supply the personal data you hold about me, which I am entitled to receive under Data Protection Law, held in ANPR images captured of my Vehicle VRM - Lxxxx on 16 January 2020. At Old Warwick Brewery, Newark, Notts.
Please be aware DPA Section 173(3) now makes it an offence to "alter, deface, block, erase, destroy or conceal information with the intention of preventing disclosure of all or part of the information that the person making the request would have been entitled to receive."
With this in mind I request copies of All Original Images captured, unaltered, uncropped or changed in any way that may erase the Foreground, Background and immediate surrounding area, which identifies the realtime location of said vehicle VRM- Lxxxx, particularly at PCN evidential times quoted as Arrival 13:58:16hrs & Departure 14:14:51hrs.
I would like to receive the data / images electronically and will gladly accept them as attached files to my personal Email address, l4xxxxxxxx@gmail.com
It may be helpful for you to know that data protection law requires you to respond to a request for personal data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your data protection officer or relevant staff member.
If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk, or it can be contacted on 0303 123 1113.
Yours Faithfully,
Lxxxxx Exxxxxx
And that's it, my case as it stands.
I am waiting the decision of POPLA and also awaiting the results of the SAR. I am expecting that, should ParkingEye return the Original Captured Images, not the blown up and cropped images attached to the PCN, then it will be an all new ball game.
I am intending to make a complaint to DVLA and ICO but need to investigate this further. Do any of you fine people ( if still awake after reading this) have any suggestions or advice or even if I am barking up the wrong tree in my thinking that ParkingEye have overstepped the mark...... yet again.
I await any response and thank you for taking the time to read this.
Regards,
Wickolad.
0
Comments
-
GDPR not GDPA.
As long as you can prove the vehicle was outside the car park boundary then complain to the BPA, DVLA, Trading Standards, and ICO. Your complaint to the DVLA should not only be that the scammers obtained your data without good reason but that since they do not manage the place where the images were captured, they also committed a KADOE contract breach.
Were the images taken on private or public land? If the latter then also complain to the council that the scammers are operating a for profit business without permission.
Have you complained to the landowner and your MP yet about this unregulated scam?
I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks3 -
Hi Fruitcake, thank you for your swift reply. The Road I was parked in is a public Road but unnamed.
I haven't complained to anyone as yet as I am awaiting the SAR result as the uncropped images should prove the exact location outside the carpark, albeit I do have a certain degree of proof in that both images attached to the PCN have members of the public captured, passing the rear nearside of my motorhome, into a public footpath. You can actually see the dimpled anti slip pavings of the dropped kerb where the footpath crosses the Road. I obtained photographs of this exact spot looking away from the entrance/exit & towards the entrance/exit, which also gives an idea of the distance outside the boundaries away from the entrance I was parked.
The images attached to the PCN had been blown up and cropped to eradicate foreground and background however, there was sufficient in there to see the lady pushing a pushchair behind me and the distinctive dimpled paving slabs of the dropped kerb. The second image had a gentleman passing at the same point.
With regards to getting details of the landowners, so far I have drawn a blank. The Old Warwick Brewery, Newark, Notts is currently split into rental apartments/flats with a couple of commercial premises on the ground floor. I contacted an estate agents re a flat for rental but they refused to disclose owner. I shall continue to dig.
Initially I'd submitted this post in order to get suggestions and advice from people such as yourself and to in a way, get confirmation of the wrongdoing I believed ParkingEye to be guilty of.
As said, once I receive the uncut and untampered images, then it will prove without a doubt my position on the Road, outside the control of ParkingEye and I shall be whipping up a real storm. Any suggestions and advice on how far I can get this will be greatly appreciated. I'm looking forward to the possibility that ParkingEye can be fined up to 4% of its annual turnover for a DPA breach. Now that would be fun, and go a little way to amend the stress I felt driving 112 miles to photograph something I knew I was right about, just to prove my innocence.
Thank you once again,
Wickolad0 -
You should be looking at sending pakring eye a data rectification notice in accordane with GDPR, this would serve as a first step in raising a complaint, namely they have data that is incorrect ( overstaying vehicle) yet the vehcile was not there so they must then correct this data
From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"3 -
This kind of misuse of personal data is typically worth about £750 in compensation so be sure to invoice them for that.2
-
Thank you for that advice Half way, I shall look at sorting that as soon as I receive the images I requested in the SAR. I wouldn't want them to erase the data at my request which would be to their benefit at this moment. As soon as I get the response, I can address the issue.Half_way said:You should be looking at sending pakring eye a data rectification notice in accordane with GDPR, this would serve as a first step in raising a complaint, namely they have data that is incorrect ( overstaying vehicle) yet the vehcile was not there so they must then correct this data
Regards,
Wickolad.0 -
Read this, it could sink them if this got to court.
https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-readingNine times out of ten these tickets are scams, so consider complaining to your MP, 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.
http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
You never know how far you can go until you go too far.1 -
D P Dance, thank you for you input. Would complaining to my MP make any difference bearing in mind I reside in a different County?D_P_Dance said:Read this, it could sink them if this got to court.
https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading
Also,
Strangely enough, the sign at the entrance to Old Warwick Brewery, Newark, Notts is almost identical, only difference is that it states Permit Holders Only.
(If someone gives me some idea of how, I can upload the photograph I took).
You can actually read the terms and conditions in the picture if zoomed in.
However, theres no chance from a car seat, the sign is mounted almost 8ft high at its base and also on the Nearside of the entrance so even further away fo a driver of standard right hand drive vehicle.
I think I've sussed it, or I had but apparently I have to hang around the forum a little longer before I'm allowed to post links.
Regards,
Wickolad.0 -
I think you can use the Image icon in the comment box, not sure if it is limited to "experienced" posters. Try it. If not, just use an image hosting site such as imgur and post a broken link (if you are not allowed to post links yet) like hxxps://......... and one of the regulars will fix it for you.1
-
Thank you Le Kirk,
I'll try the broken post.
hxxps://postimg.cc/hh8kqhck
0 -
Would complaining to my MP make any difference bearing in mind I reside in a different County?
Of course not. Many PCNs have been cancelled after an MP steps in.You never know how far you can go until you go too far.1
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