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Southampton Town Quay, Parking Eye

edited 31 July 2020 at 10:08AM in Parking Tickets, Fines & Parking
57 replies 2.1K views
1235

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  • UmkomaasUmkomaas Forumite
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    I could imagine they could get some leeway in terms of the recent covid situation, could reasonably be given more time to process? Could it be a bit of a grey area at the moment? I know 'the law is the law' though.
    Nope, there is no Covid leeway.  The law definitely is the law ...... 14 days. Don't go looking for problems that might undermine your confidence. 
    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.
  • 4). Failure to comply with the data protection 'ICO Code of Practice' applicable to ANPR (no
    information about SAR rights, no privacy statement, no evaluation to justify that 24/7 ANPR enforcement at this site is justified, fair and proportionate). A serious BPA CoP breach

    BPA’s Code of Practice (21.4) states that:

    “It is also a condition of the Code that, if you receive and process vehicle or registered keeper data, you must:

    • be registered with the Information Commissioner
    • keep to the Data Protection Act
    • follow the DVLA requirements concerning the data
    • follow the guidelines from the Information Commissioner’s Office on the use of CCTV and ANPR cameras, and on keeping and sharing personal data such as vehicle registration marks

    The guidelines from the Information Commissioner’s Office that the BPA’s Code of
    Practice (21.4) refers to is the CCTV Code of Practice found at:

    https://ico.org.uk/media/for- organisations/documents/1542/cctv-code-of-practice.pdf

    The ICO’s CCTV Code of Practice makes the following assertions:

    “This code also covers the use of camera related surveillance equipment including:

    Automatic Number Plate Recognition (ANPR);”

    “the private sector is required to follow this code to meet its legal obligations
    under the DPA. Any organization using cameras to process personal data should
    follow the recommendations of this code.”

    “If you are already using a surveillance system, you should regularly evaluate
    whether it is necessary and proportionate to continue using it.”

    “You should also take into account the nature of the problem you are seeking to
    address; whether a surveillance system would be a justified and an effective
    solution, whether better solutions exist, what effect its use may have on
    individuals”

    “You should consider these matters objectively as part of an assessment of the
    scheme’s impact on people’s privacy. The best way to do this is to conduct a
    privacy impact assessment. The ICO has produced a ‘Conducting privacy impact
    assessments code of practice’ that explains how to carry out a proper
    assessment.”

    “If you are using or intend to use an ANPR system, it is important that you
    undertake a privacy impact assessment to justify its use and show that its
    introduction is proportionate and necessary.”

    “Example: A car park operator is looking at whether to use ANPR to enforce
    parking restrictions. A privacy impact assessment is undertaken which identifies
    how ANPR will address the problem, the privacy intrusions and the ways to
    minimize these intrusions, such as information being automatically deleted when
    a car that has not contravened the restrictions leaves a car park.”

    “Note:

    ... in conducting a privacy impact assessment and an evaluation of proportionality
    and necessity, you will be looking at concepts that would also impact upon
    fairness under the first data protection principle. Private sector organisations
    should therefore also consider these issues.”

    “A privacy impact assessment should look at the pressing need that the
    surveillance system is intended to address and whether its proposed use has a
    lawful basis and is justified, necessary and proportionate.”


    The quotations above taken directly from the ICO’s CCTV Code of Practice state that
    if ParkingEye wish to use ANPR cameras then they must undertake a privacy
    impact assessment to justify its use and show that its introduction is
    proportionate and necessary. It also states that ParkingEye must regularly
    evaluate whether it is necessary and proportionate to continue using it.

    It therefore follows that I require ParkingEye to provide proof of regular privacy
    impact assessments in order to comply with the ICO’s CCTV Code of Practice and
    BPA’s Code of Practice. I also require the outcome of said privacy impact
    assessments to show that its use has “a lawful basis and is justified, necessary
    and proportionate”.

    The ICO’s CCTV Code of Practice goes on to state:

    “5.3 Staying in Control

    Once you have followed the guidance in this code and set up the surveillance
    system, you need to ensure that it continues to comply with the DPA and the
    code’s requirements in practice. You should:

    • tell people how they can make a subject access request, who it
    should be sent to and what information needs to be supplied with their
    request;”

    “7.6 Privacy Notices

    It is clear that these and similar devices present more difficult challenges in
    relation to providing individuals with fair processing information, which is a
    requirement under the first principle of the DPA. For example, it will be difficult to
    ensure that an individual is fully informed of this information if the surveillance
    system is airborne, on a person or, in the case of ANPR, not visible at ground
    level or more prevalent then it may first appear.

    One of the main rights that a privacy notice helps deliver is an individual’s
    right of subject access.”


    ParkingEye has not stated on their signage a Privacy Notice explaining the
    keepers right to a Subject Access Request (SAR). In fact, ParkingEye has not
    stated a Privacy Notice or any wording even suggesting the keepers right to a SAR on
    any paperwork, Notice to Keeper, reminder letter or rejection letter despite there being a Data
    Protection heading on the back of the NtK. This is a mandatory requirement of the
    ICO’s CCTV Code of Practice (5.3 and 7.6) which in turn is mandatory within the
    BPA’s Code of Practice and a serious omission by any data processor using ANPR,
    such that it makes the use of this registered keeper’s data unlawful.

    As such, given the omissions and breaches of the ICO’s CCTV Code of Practice, and
    in turn the BPA’s Code of Practice that requires full ICO compliance as a matter of law,
    POPLA will not be able to find that the PCN was properly given.

  • 5). No Planning Permission from Southampton City Council for Pole-Mounted ANPR Cameras and no Advertising Consent for signage

    A search in Southampton City Council’s planning database does not show any planning
    permission for the pole-mounted ANPR cameras for Town Quay, Southampton,
    nor does it show any Advertising Consent for signage exceeding 0.3m2

    UK government guidance on advertisement requires:

    “If a proposed advertisement does not fall into one of the Classes in Schedule 1
    or Schedule 3 to the Regulations, consent must be applied for and obtained from
    the local planning authority (referred to as express consent in the Regulations).
    Express consent is also required to display an advertisement that does not
    comply with the specific conditions and limitations on the class that the
    advertisement would otherwise have consent under.

    It is criminal offence to display an advertisement without consent.”


    This clearly proves ParkingEye is/has been seeking to enforce Terms &
    Conditions displayed on illegally erected signage, using equipment (pole-mounted
    ANPR cameras) for which no planning application had been made.

    I request ParkingEye provides evidence that the correct Planning Applications
    were submitted (and approved) in relation to the pole-mounted ANPR cameras and
    that Advertising Consent was gained for signage exceeding 0.3 m2, prior to the date to
    which this appeal relates, the xx May 2020.

  • Leave these last 2 off?
  • D_P_DanceD_P_Dance Forumite
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    Was this not the same car park that Ivor PEcheque roughed up the parking parasite?   
    You never know how far you can go until you go too far.
  • RedxRedx Forumite
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    It was the Fistral beach car park that Ivor was involved with , near Newquay
    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
  • UmkomaasUmkomaas Forumite
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    D_P_Dance said:
    Was this not the same car park that Ivor PEcheque roughed up the parking parasite?   
    Redx said:
    It was the Fistral beach car park that Ivor was involved with , near Newquay
    As Roy Walker would say, "Close, but not close enough". 😆
    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.
  • RedxRedx Forumite
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    I thought 5 was a big deal seeing as it amounts to issuing tickets 'illegally', I thought was my main defence
    There is no defence , the driver erred and was caught

    Your appeal is based on parking eye failing to comply with POFA so as keeper you have no liability , the golden ticket reply , so a technical knockout based on a technicality , non compliance with the law named POFA

    There may be poor signage and no landowner authority , as well , but POFA is the main issue
    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
  • UmkomaasUmkomaas Forumite
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    @pinheadplanet - appeal points 2 and 3 to my eyes look okay. See if anyone else wishes to comment, but don't leave it too late to submit to POPLA. Remember - a pdf attachment, don't try cramming the appeal into the 2,000 word maximum POPLA appeal portal box!
    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.
  • Dare I say points 2 and 3 are right after point 1). ? They're on page 4 of this thread
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