Smart Parking fine. Overstay in KFC / Mcdonalds carpark. Visited on 2 occasions.

Coupon-mad

Be aware that a POPLA code lasts just over 31 days so you have a month from the rejection letter to do POPLA.  Diarise a reminder!

If it comes to that, in your POPLA appeal put Smart to 'strict proof', with the actual ANPR log of all captures of your car that day at that location having to be produced, because there MUST have been an oversight of what the industry call an 'orphan image' and the BPA requires mandatory human checks to avoid PCNs like this one:

https://www.britishparking.co.uk/ANPR

"As with all new technology, there are issues associated with its use:

a)    Repeat users of a car park inside a 24 hour period sometimes find that their first entry is paired with their last exit, resulting in an ‘overstay’. Operators are becoming aware of this and should now be checking all ANPR transactions to ensure that this does not occur."

hereweare23

Trainerman said:

I have just read back on this. As well as the SAR etc as advised by Le_Kirk and Umkomaas, (which you should continue with), it seems you have yet to use Plan A.As a loyal customer of both McDonalds and KFC, they should both be very interested in keeping your custom. They should both be keen to get this scam ticket removed. Have at them !!!

I will give this a go. It was on KFCs land according to the letter, so I will contact them also. Thank you. 

hereweare23

Hi all.

Just an update. I have done all that members have advised. I have spoken with McDonalds, and KFC. I have also completed a data protection request on on data and images of my car. 

Nothing back from KFC and McDonalds as yet, so escalating this with them. 

The parking company have come back that they only have data on me for the day I was charged. It seems they have nothing else. I find this hard to believe as I visit this area regularly and surprised at this. When I did the request I asked for ALL information. They also provided documents that I came into the carpark, left, came in again and then left 7 hours later. They only provided me with 2 photographs of our car. 

Thankfully they did provide me with my statement when I appealed. 
"Did not overstay. We visited the location in the morning, then again on the evening on the day of

04/12/2021. It seems you do not have full coverage of all the entrances and exits at this location. As

much as we love the food in the location, we do not enjoy it enough to sit in the carpark for almost 7

hours. Please can you improve the cameras in this location to avoid other innocent users of the carpark

receiving fines like this one. I challenge that you cannot prove that I was in the carpark all day as you

say, as I wasn't and me and my family have better things to do."

Would this affect my appeal if I went via prove who was driving route?

Thank you all for the time. I appreciate it!

D_P_Dance

These are called double dipping and happen very frequently due to the inadequacies of ANPR.  For that reason  ANPR cameras are banned in local authority car parks, read this and complain to your MP

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

hereweare23

D_P_Dance said:

These are called double dipping and happen very frequently due to the inadequacies of ANPR.  For that reason  ANPR cameras are banned in local authority car parks, read this and complain to your MP

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

Thank you for this. I shall write to my MP about this. 

As for smart parking, after replying saying I wished for ALL data they have finally come back. (Ive removed my personal info.)

Time Taken,Camera Number,Direction

2021/12/04 10:16:27,2,In

2021/12/04 10:43:03,2,Out

2021/12/04 10:53:18,2,In

2021/12/04 17:52:16,1,Out

2021/12/10 18:49:53,1,Out

2021/12/11 11:13:08,1,Out

2021/12/18 17:59:58,1,Out

2021/12/23 13:34:33,2,In

2021/12/23 13:34:44,1,Out

It seems they do have a blind spot as unless I've helicoptered the car into the carpark I have 3 occasions which I go out with no evidence of coming in. 

I don't know if I should go to popla with the normal argument that they cannot prove who is driving, or the fact I can prove they have a blind spot for the ANPR?

hereweare23

Hi all SUCCESS! The information I was provided obviously showed they do not have full coverage with the ANPR systems at this location. 

Once I challenged the DPO on this fact they have cancelled the fine.

Umkomaas

Very well done. So their cancellation is a tantamount acceptance that they had no reasonable cause to access your data from the DVLA database. So, if you're up to returning some of the misery inflicted on you, start the process by raising a complaint with the DVLA that Smart have breached GDPR/DPA regulations in accessing your personal data - separate complaints (copy and paste) to two separate departments viz:

ccrt@dvla.gov.uk 

KADOEservice.support@dvla.gov.uk 

Thereafter, issue Smart Parking with a Letter of Claim for a minimum of £250 for a breach of GDPR/DPA regulations in the acquisition of your personal data. Follow this link:

https://www.parkingcowboys.co.uk/data-protection-act/

D_P_Dance

By all means complain about their actions, it my be the last straw that gets them banned.  Have you complained to your MP and Trading Standards?

hereweare23

Umkomaas said:

Very well done. So their cancellation is a tantamount acceptance that they had no reasonable cause to access your data from the DVLA database. So, if you're up to returning some of the misery inflicted on you, start the process by raising a complaint with the DVLA that Smart have breached GDPR/DPA regulations in accessing your personal data - separate complaints (copy and paste) to two separate departments viz:

ccrt@dvla.gov.uk 

KADOEservice.support@dvla.gov.uk 

Thereafter, issue Smart Parking with a Letter of Claim for a minimum of £250 for a breach of GDPR/DPA regulations in the acquisition of your personal data. Follow this link:

https://www.parkingcowboys.co.uk/data-protection-act/

Thank you for this. I will be following this process, as I’ve wasted over 4 hours writing emails about this matter. 4 hours I hope to get back. I’ll keep the thread updated.

hereweare23

D_P_Dance said:

By all means complain about their actions, it my be the last straw that gets them banned.  Have you complained to your MP and Trading Standards?

I went to my local MP, nothing back yet. I’ll check the newbies section about the trading standards stuff.