Landlord/Parking ticket company broke GDPR?

desperatepower

Hi

So this is a bit of a weird one, basically we got picked up by APNR cameras for not paying for a ticket (although we did). I believe it was a typo, anyway instead of going directly to the parking ticket company (since I know they would have no incentive to check) I decided to submit a complaint via the landlord as they are more likely to push them to check for this. I never got any response back from the landlord but a few days later I get an email from the parking ticket company saying my appeal has been denied. I'm not sure if they have broken GDPR as I never said to the landlord that I could allow my details (email address) to be handed over, nor submit an appeal on my behalf. I'm wondering what my next course of action now would be.

Redx

No idea because you didn't specify the name of the PPC or the location or country either

Ditzy_Mitzy

desperatepower said:

Hi

So this is a bit of a weird one, basically we got picked up by APNR cameras for not paying for a ticket (although we did). I believe it was a typo, anyway instead of going directly to the parking ticket company (since I know they would have no incentive to check) I decided to submit a complaint via the landlord as they are more likely to push them to check for this. I never got any response back from the landlord but a few days later I get an email from the parking ticket company saying my appeal has been denied. I'm not sure if they have broken GDPR as I never said to the landlord that I could allow my details (email address) to be handed over, nor submit an appeal on my behalf. I'm wondering what my next course of action now would be.

I don't fully understand the post, sorry, but passing on an email address alone doesn't constitute a data breach as it's unlikely to be considered personal data, unless it's something odd like: missrachelsmith10October1990of1acaciaroadcolchester@hotmail.co.uk; the information needs to be sufficient to identify the data subject.  In any case the parking company can get keeper details from the DVLA, so it's likely the firm issuing the fine will already be in possession of your data - assuming the car is registered in your name.  The likelihood is, in fact, that GDPR will not apply to the landlord. 

desperatepower

Ditzy_Mitzy said:

desperatepower said:

Hi

So this is a bit of a weird one, basically we got picked up by APNR cameras for not paying for a ticket (although we did). I believe it was a typo, anyway instead of going directly to the parking ticket company (since I know they would have no incentive to check) I decided to submit a complaint via the landlord as they are more likely to push them to check for this. I never got any response back from the landlord but a few days later I get an email from the parking ticket company saying my appeal has been denied. I'm not sure if they have broken GDPR as I never said to the landlord that I could allow my details (email address) to be handed over, nor submit an appeal on my behalf. I'm wondering what my next course of action now would be.

I don't fully understand the post, sorry, but passing on an email address alone doesn't constitute a data breach as it's unlikely to be considered personal data, unless it's something odd like: missrachelsmith10October1990of1acaciaroadcolchester@hotmail.co.uk; the information needs to be sufficient to identify the data subject.  In any case the parking company can get keeper details from the DVLA, so it's likely the firm issuing the fine will already be in possession of your data - assuming the car is registered in your name.  The likelihood is, in fact, that GDPR will not apply to the landlord. 

Hmm ok thanks, however the appeal itself wasn't appeal as it was simply a complaint to the landlord. From my perspective it looks like the landlord has appealed on my behalf.

Fruitcake

Please tell us the name of the PPC, when and where the alleged event took place (supermarket, beauty spot, retail park, hospital, and also where in the UK this occurred).

Please also tell us if you received a NTK and if so, was it PoFA 2012 compliant.

Umkomaas

If the email had said 'Your appeal has been successful, charge cancelled' would you still be looking to make a GDPR complaint against the landowner?

D_P_Dance

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.N

Ditzy_Mitzy

desperatepower said:

Ditzy_Mitzy said:

desperatepower said:

Hi

So this is a bit of a weird one, basically we got picked up by APNR cameras for not paying for a ticket (although we did). I believe it was a typo, anyway instead of going directly to the parking ticket company (since I know they would have no incentive to check) I decided to submit a complaint via the landlord as they are more likely to push them to check for this. I never got any response back from the landlord but a few days later I get an email from the parking ticket company saying my appeal has been denied. I'm not sure if they have broken GDPR as I never said to the landlord that I could allow my details (email address) to be handed over, nor submit an appeal on my behalf. I'm wondering what my next course of action now would be.

I don't fully understand the post, sorry, but passing on an email address alone doesn't constitute a data breach as it's unlikely to be considered personal data, unless it's something odd like: missrachelsmith10October1990of1acaciaroadcolchester@hotmail.co.uk; the information needs to be sufficient to identify the data subject.  In any case the parking company can get keeper details from the DVLA, so it's likely the firm issuing the fine will already be in possession of your data - assuming the car is registered in your name.  The likelihood is, in fact, that GDPR will not apply to the landlord. 

Hmm ok thanks, however the appeal itself wasn't appeal as it was simply a complaint to the landlord. From my perspective it looks like the landlord has appealed on my behalf.

I'm not sure what else you'd expect the landlord to do.  He, she or it has contracted the parking firm to provide enforcement and has, presumably, attempted to make representations on your behalf.  The landlord hasn't done anything to wrong you, other than establishing a system of parking enforcement on his land, therefore I'm unsure as to what you feel a complaint to him will achieve.  The only action open to the landlord is to state that he doesn't feel the parking ticket should have been given, but the terms of the parking contract itself apply between you and the firm not you and the landlord.  Some landlords do have discretionary powers in relation to asking parking firms to rescind tickets and some don't.  

desperatepower

Redx said:

No idea because you didn't specify the name of the PPC or the location or country either

Hi PPC was North west parking management (UK northeast).

DoaM

UK North East ... so Aberdeen area?
Or did you mean England North East (Newcastle area)?

Redx

There are 4 nations in the UK , with different laws , be specific