SAR - ANPR Images not sent.

Rocky88

Hello everyone. Currently going through the rigours of challenging a completely unjustified PCN.

In August 2021 I requested an SAR from Total Car Parks Ltd. I did not explicitly ask for the photos in the SAR request. I used the line ‘Please supply the data about me that I am entitled to under data protection law relating to myself’.

Roll on until the present I have now received the letter of claim from DCB Legal. Following this I wrote to Total Car Parks Ltd informing them that, although I had received some information from them, I hadn’t received the ANPR Images. 

I have since received the following reply - 

Dear xx

I have gone through the emails you sent requesting a SAR, and I cannot find any mention of you asking for the ANPR photos. You said:

"Please supply the data about me that I am entitled to under data protection law relating to myself. "

​

Photos of your vehicle entering and exiting the car park are not considered to be personal data by us, as it is not possible to identify you just by looking at the photos. According to the ICO:

We do not have any other indirect information related to your vehicle, so we do not consider the photos to be part of the personal data you requested. 

Please note that your vehicle's registration is in plain view for anybody to see while it is outside on the streets, so evidently this is not "protected" information.

​

What is protected information under the GDPR is the personal information we received from DVLA, and we have already sent you all the information pertinent to the SAR.

​

If you want a copy of those photos you only need to ask for them, and they will be provided, but they are NOT part of our answer to your SAR.

​

Regards,
 

I am no expert, but surely photos of a vehicle that they know is registered to me is directly/indirectly data that is associated to me, and should be included in response to a SAR.

Just looking for advice on a response to this awful company. I will save the paragraphs for another day on the alleged parking contravention. I’m sure I will need to go into more detail when I look at my defence etc.

Thanks everyone.

Rocky.

KeithP

Total Car Parks Ltd are members of the British Parking Association's Approved Operator Scheme.

The BPA have published guidance for their AOS members.

The following can be seen there...

You really need to complain to the BPA about this.

Email Gemma Dorans - gemma.d@britishparking.co.uk - pointing out that one of their Approved Operator Scheme members is trying to avoid their responsibilities under the Data Protection Act 2018.

Rocky88

Thanks for the swift reply, Keith - much appreciated.

I will get an email sent off to both BPA and TCP Ltd

patient_dream

I have gone through the emails you sent requesting a SAR, and I cannot find any mention of you asking for the ANPR photos.

What a childish reply from Total Car Parks Ltd

Your SAR requests the info they hold on you and that includes pictures ?  What is their problem.?

Then enters the infamous robo claimer DCBL ???  Doubt they have a clue what is going on anyway

Proof is the order of the day so TCP best wake up their ideas or DCBL face another spanking in court

Fruitcake

ANPR photos that include your VRM are personal data. Sending an SAR requesting your personal data therefore includes requesting ANPR photos at the very least, showing your VRM, if not all photos of the vehicle that can identify the data subject.

Complain again to the PPC, the BPA, and the ICO that Total Car Parks failed to provide you with all your personal data when you sent an SAR.

D_P_Dance

ANPR is not all that it is cracked up to be and is banned in council ca parks, read this

 and complain to your MP

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

Rocky88

Thanks everyone - have complained as advised.

Will keep you posted.

Rocky88

Hi All,

So this was my reply to TCP Ltd - 

Sir/Madam,

I can see that Total Car Parks Ltd are members of the British Parking Association’s approved operator scheme. 

As such, you will obviously be well aware of the guidance for approved operator scheme members. 

Please see the following direct extract from the guidance -

Are Vehicle Registration Marks (VRMs') personal data?

The GDPR's definition of personal data is far more detailed than the DPA's.

The Information Commissioner's Office (ICO), the organisation which assesses,

advises, and impose sanctions with regard to the handling of data considers

VRMs to be personal data in the hands of a parking operator. This is because

the operator is able to identify an individual from information it holds (the

VRM) together with its ability to obtain keeper details from the DVLA.

I will now be forwarding your email from today (22/02/2022) to the BPA, outlining that you are attempting to avoid your responsibilities under the Data Protection Act 2018.

Although you have failed to supply the ANPR Images within the 30 days stated by law. I once again ask this information is supplied to me. 

Yours Faithfully,

XX

I have since received the following reply - 

Dear XX

Thank you for the information provided, we will look into it.

In the meantime, we never refused to send you the information, as we already send such information on our Parking Charge Notices (please see attached the one issued to your vehicle, where you can clearly see the photos taken by the ANPR camera). 
What we said was that we did not consider photos of the vehicle to be part of the information we needed to send on a SAR, and that was the reason why we hadn't included them on the information we sent, but that will be amended going forward.

May I bring to your attention that when we submitted the information to you I clearly said:

"I have tried to be clear and to the point, but if you need further explanations please do not hesitate to contact us again"

Had you contacted then saying you wanted the photos (which were already on the letter), I would have been happy to send them to you, as an attachment.

We have never attempted to avoid any responsibility, as what you were asking had already been sent to you.

Regards,

Interesting that they state 'that will be amended going forward'. Just sounds like they are trying to dig themselves out of a hole? The last line is pretty poor from them. You haven't sent what i asked for because the guidance states it should of included the ANPR Images!?

patient_dream

What we said was that we did not consider photos of the vehicle to be part of the information we needed to send on a SAR,

Pathetic ..... NOW THEY KNOW ?

Jenni_D

It is arguable that it is unnecessary to send the actual ANPR images themselves (as separate files) if those images are exactly the same as those embedded within the PCN.

Whilst it is good to have fun with PPCs and make them work for their (lack of) money, I'm not sure this specific point would gain much traction with an ICO complaint. (And the BPA would very easily sweep such a complaint under the carpet).

Rocky88

Good Afternoon Everyone.

I have now received the claim form (issue date 15th August 2022). 

Please advise if i should start a new thread, just after a bit of advice going forward with this.

Background of PCN - 

My partner parked in a Total Car Parks Limited Car Park. The said car park offers all day parking if you pay for a car wash (operated by a separate company within the car park). this has been done many times by my partner without issue. The car is parked in the designated car wash area and the keys are handed over to the car wash company. Total Car Parks Limited picked up on the ANPR system that the car flagged up as not paying for parking. The only thing i can think has happened is that the car wash company have moved the car during/after the wash process to a bay, that is outside of the designated car wash area and as such has been flagged up by the ANPR camera. Obviously when attempting to resolve the issue, Total Car Parks Limited were not interested in how this may have happened. The car wash company have since left this car park, but are still running as a business elsewhere close by. When i asked Total Car Parks Limited to ask the company how this has happened, they stated because they didn't operate in the car park anymore they couldn't investigate. A simple google of the car wash company brings up contact details etc, but of course...not interested. 

When they did finally send photos of the car as part of the SAR request the car looked very clean... I wonder if this is why they held them back when i submitted the original request.

Biggest issue i can see is that these places take cash so have no receipt of the car wash taking place. 

So any advice regarding the defence and points I can make would be greatly appreciated.

Particulars of Claim - 

1.The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at XXXXXXX. 2. The PCN details are XXXXXX. 3. The PCN was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract), thus incurring the PCN(s).4 The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. 

AND THE CLAIMANT CLAIMS
1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s. 69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment. 3. Costs and court fees.

Amount Claimed - £209.80
Court Fee - £35.00
Legal Rep Costs - £50.00
Total Amount - £294.80