And so it ends - Bristol Airport IAS Appeal success

ihatetrump

Most are aware that companies will hide behind each other but not in the parking industry

The so called contract relies on the signs.  If the signs say VCS the saga can only continue in the name of VCS.
EXCEL does not exist even though it may be run by Renshaw-smith's twin brother

NO, you are not "banging your head against a brick wall with me"   the parking industry has rules that goes well beyond accountants and real solicitors

A bit disappointed that I find myself defending a position here on corporate structures - I'm not the enemy and am with you all the way - we all know that the parking industry is a 'law unto itself' but it's still governed by the law.

Just look at the thread I started trying to bring together the financial background of the IAS/Gladstones scam involving Hurley & Davies and I think you'll see where I'm coming from - it's the IAS that is the conduit (in getting KADOE) to enable the parasitic PPC's to get the information to feed and process their greed

@Snakes_Belly is absolutely correct if that is the way the Excel structure and contracts had been set up - reality is that both Excel & VCS are cash cows (both have in excess of £3m in the bank at last filing) shown here:

https://find-and-update.company-information.service.gov.uk/company/02878122/filing-history?page=3

This shows the group and company balance sheets and gives the full financial picture.

Why VCS and Excel exist as separate legal structures but part of a group is most likely for tax or other financial reasons - the set-up predates the existence of IAS/IPC by more than a decade.

As we know, VCS has no employees and contracts out all of its' services - therefore the DPO is with Excel - and that person can be legally responsible for all of the Group (Excel and VCS) as part of Article 37 of GDPR - I would recommend that an SAR request is made to Excel Parking Services Limited (specifically to include the Group) but also to ANPR International Ltd - it is not part of the group but 100% owned by SRS and trades extensively with Excel - data sharing here may be a breach of GDPR.

It may be a grey area but if Excel or VCS gets its' vehicle data from ANPR International then that could well be a breach of GDPR - and if so, could open the floodgates to complaints. I see references to ANPR Ltd (which is a totally different and unrelated outfit) on the Forum, but can't seem to find anything about ANPR International Ltd.

So big question is - how do Excel & VCS get their vehicle registration photos and if it is from ANPR International Ltd, is that a data breach?

Jenni_D

So VCS can lawfully share data with Excel without the data-subject being aware?

Fruitcake

Thank you all for the information and links.

I have decided not to pursue the data sharing query for the time being. If it comes to a court claim, it will be interesting to see which entity sends it.

I will be complaining to the ICO about the data harvesting and processing in an area where VCS are not authorised to operate.


My relative has had a reply from his MP's caseworker. The MP supports the Parking Bill, and seems to be up to speed because she mentioned the consultations, and that it is all dragging on very slowly.
She has referred to the current appeals process as inadequate, but wants us to pursue it anyway.
She has offered to intervene with the airport management if the appeals and complaints fail.

I can sort of see her point in proving that the system doesn't work first, before she gets involved. 

Anyway, we have opened a channel of communication and have had replies from her office.
That's more than Robert Jenrick ever did when I contacted him last year.


JB, are you watching?

ihatetrump

@Jenni_D - they certainly can - because it is a group as defined by section 1261 of the Companies Act 2006.

https://gdpr-info.eu/art-37-gdpr/

Item 2.

Large Groups share data all the time - hotel groups are a prime example - multiple brands and a myriad of companies all under the same holding company (Marriott, IHG, Hilton) and sharing guest data all the time. They get paranoid about GDPR breaches because the fines can be 4% of turnover (which would be massive and catastrophic for them).

Snakes_Belly

ihatetrump said:

@Jenni_D - they certainly can - because it is a group as defined by section 1261 of the Companies Act 2006.

https://gdpr-info.eu/art-37-gdpr/

Item 2.

Large Groups share data all the time - hotel groups are a prime example - multiple brands and a myriad of companies all under the same holding company (Marriott, IHG, Hilton) and sharing guest data all the time. They get paranoid about GDPR breaches because the fines can be 4% of turnover (which would be massive and catastrophic for them).

Don't they have to state somewhere that they can share data within the group or does this just relate to marketing?  

Jenni_D

Snakes_Belly said:

ihatetrump said:

@Jenni_D - they certainly can - because it is a group as defined by section 1261 of the Companies Act 2006.

https://gdpr-info.eu/art-37-gdpr/

Item 2.

Large Groups share data all the time - hotel groups are a prime example - multiple brands and a myriad of companies all under the same holding company (Marriott, IHG, Hilton) and sharing guest data all the time. They get paranoid about GDPR breaches because the fines can be 4% of turnover (which would be massive and catastrophic for them).

Don't they have to state somewhere that they can share data within the group?

That was really my question ... with hotel groups it's covered in the T&Cs you agree to when making a reservation/booking, so it's part of the contractual offer. With parking the contractual offer is only by signage, so (IMHO) they need to mention data sharing on the signs. (Do they? I suspect not).

Snakes_Belly

Jenni_D said:

Snakes_Belly said:

ihatetrump said:

@Jenni_D - they certainly can - because it is a group as defined by section 1261 of the Companies Act 2006.

https://gdpr-info.eu/art-37-gdpr/

Item 2.

Large Groups share data all the time - hotel groups are a prime example - multiple brands and a myriad of companies all under the same holding company (Marriott, IHG, Hilton) and sharing guest data all the time. They get paranoid about GDPR breaches because the fines can be 4% of turnover (which would be massive and catastrophic for them).

Don't they have to state somewhere that they can share data within the group?

That was really my question ... with hotel groups it's covered in the T&Cs you agree to when making a reservation/booking, so it's part of the contractual offer. With parking the contractual offer is only by signage, so (IMHO) they need to mention data sharing on the signs. (Do they? I suspect not).

With brands like Nike they own other brands such as Converse and I think that you may have to give permission to be contacted for marketing purposes by the other brands.

beamerguy

ihatetrump .... none of us think you are the enemy and we know you are on our side

ANPR INTERNATIONAL LTD is another company that Renshaw-Smith is a director of
Company number 05455894
P1 Europa Link, Sheffield Business Park

I understand that you will see the fleet of these vans

Clearly big companes share data between themselves.  However, it is not on the basis that someone could end up in court or be harassed.

The ICO should look very carefully at data exchange between this particular company entities

You mention hotel groups that share data.  They all must ask the customer if they agree to sharing data and online there is a tick box.  These tick boxes got banks etc into trouble hence the mega PPI claim

Parking tickets DO NOT offer either an opt-in or opt-out for data sharing and do not give permission to share data

As said, the signage forms a contract. I have yet to see one that says your data may be shared. So the company name on the sign is the entity you contract with. Nobody else

Fruitcake

Jenni_D said:

Snakes_Belly said:

ihatetrump said:

@Jenni_D - they certainly can - because it is a group as defined by section 1261 of the Companies Act 2006.

https://gdpr-info.eu/art-37-gdpr/

Item 2.

Large Groups share data all the time - hotel groups are a prime example - multiple brands and a myriad of companies all under the same holding company (Marriott, IHG, Hilton) and sharing guest data all the time. They get paranoid about GDPR breaches because the fines can be 4% of turnover (which would be massive and catastrophic for them).

Don't they have to state somewhere that they can share data within the group?

That was really my question ... with hotel groups it's covered in the T&Cs you agree to when making a reservation/booking, so it's part of the contractual offer. With parking the contractual offer is only by signage, so (IMHO) they need to mention data sharing on the signs. (Do they? I suspect not).

I didn't have time to take close up pics of the signs (£4 for ten minutes) during my site visit, and they were installed after the last GSV car visit. I was more concerned with getting a full suite of piccies to show that there are no signs at all on the access road where the car was stopped.

When the weather cools, I might walk up from the back gate to give myself more time.

Castle

They will need to comply with Article 13 of GDPR at a minimum:-
Art. 13 GDPR – Information to be provided where personal data are collected from the data subject | General Data Protection Regulation (GDPR) (gdpr-info.eu)