Ticketed in space owned by me

LondonE5

Letter Before County Court Proceedings
5/11/2023
[MY ADDRESS]
Dear sir/madam
I am writing regarding the matter of a breach of the Data Protection Act 2018.
This letter is served jointly to:
[MANAGING AGENT LTD]
AND
P4Parking (UK) LTD of: 
I bring your attention to article 12 of the UK GDPR law which legally requires all data controllers to store and process personal data accurately.
P4Parking (UK) LTD, contracted by [MANAGING AGENT LTD] as joint data controllers (ref: sections 58 & 59 Data Protection Act 2018), issued an invoice to [MY NAME] because it has wrongly recorded that vehicle [MYCARREG] parked in breach of an alleged contract between [THE REGISTERED KEEPER OF THE VEHICLE/MYNAME] and the landowner, also [MY NAME].  
[MANAGING AGENT LTD] and its representative [POWERTRIP MANAGING AGENT REP] had a duty of care and should have been aware that P4Parking (UK) LTD did not have the authority to operate on [MY NAME’S] property, and furthermore did not have a valid legal basis for obtaining [MY NAME’S] data from the DVLA.
This is deemed unlawful processing of personal data.
Please note the following case precedents relating to my claim of damages:
The precedents for claiming damages and compensation for such unlawful processing are the decisions of the Court of Appeal in Zeta Jones & Douglas v Hello! Magazine [2003] EWHC 786 and Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ 333, both being binding on all County Courts in England and Wales.  In the latter claim, Mr Halliday was awarded compensation of £750 at what the Court regarded was the lowest level of award, and although this was a claim under Section 13 of the Data Protection Act 1998, similar provisions - amended to take account of a decision by the EU Grand Chamber that the 1998 Act did not properly implement EU law into UK domestic legislation - replaced the old Section 13 provisions with Article 12 of the UK GDPR and Section 168 of the Data Protection Act 2018.
Furthermore, I would request you take careful note of sections 168 & 169 of the Data Protection Act 2018 which state the following:   Section 168 - Compensation for contravention of the GDPR
(1)In Article 82 of the GDPR (right to compensation for material or non-material damage), “non-material damage” includes distress.
(2)Subsection (3) applies where—
(a)in accordance with rules of court, proceedings under Article 82 of the GDPR are brought by a representative body on behalf of a person, and
(b)a court orders the payment of compensation.
(3)The court may make an order providing for the compensation to be paid on behalf of the person to—
(a)the representative body, or
(b)such other person as the court thinks fit.
Section 169 - Compensation for contravention of other data protection legislation (1) A person who suffers damage by reason of a contravention of a requirement of the data protection legislation, other than the GDPR, is entitled to compensation for that damage from the controller or the processor, subject to subsections (2) and (3). (2) Under subsection (1)— (a) a controller involved in processing of personal data is liable for any damage caused by the processing, and (b) a processor involved in processing of personal data is liable for damage caused by the processing only if the processor— (i) has not complied with an obligation under the data protection legislation specifically directed at processors, or (ii) has acted outside, or contrary to, the controller’s lawful instructions. (3) A controller or processor is not liable as described in subsection (2) if the controller or processor proves that the controller or processor is not in any way responsible for the event giving rise to the damage. (4) A joint controller in respect of the processing of personal data to which Part 3 or 4 applies whose responsibilities are determined in an arrangement under section 58 or 104 is only liable as described in subsection (2) if the controller is responsible for compliance with the provision of the data protection legislation that is contravened. (5) In this section, “damage” includes financial loss and damage not involving financial loss, such as distress.
The unlawful processing of my data has resulted in considerable personal distress, as has been detailed to [POWERTRIP MANAGING AGENT] and colleagues at [MANAGING AGENT LTD]. As of the time of writing this letter before county court proceedings, I have not received a written apology from either of the joint data processors for their actions.
Furthermore, both of the aforementioned data controllers were previously informed in writing multiple times including but not exclusive to 25/9/2023 not to proceed with the invoice (and therefore the resulting data processing & requests), due to my legal ownership of the parking bay in question at the site [PARKING SITE ADDRESS].  Had this request been heeded, further acquisition and processing of data may not have occurred.
On 6/11/2018 proof of ownership of [PARKING BAY NUMBER] was also provided to [OTHER MANAGEMENT AGENT REP] in the form of a scanned Land Registry TR1 document.
This letter services as notice of 14 days notice to the aforementioned data controllers above of my intention to seek a minimum of £500 nominal damages and compensation through the County Court under Article 12 of the UK GDPR and Section 168 of the Data Protection Act 2018 for unlawful processing of my personal data and the resulting distress this has caused to me.  
This unlawful processing of data resulted in written threats from TNC Collections to my place of residence.  This caused considerable distress as well as time spent resolving the matter.
Please note that [POWERTRIP MANAGING AGENT REP] of [MANAGING AGENT LTD] will also be personally liable, as they had a duty of care, as detailed under section 58 of the Data Protection Act 2018.
I will not proceed with filing the above claim with the County Court if I am compensated by P4Parking (UK) LTD and [MANAGING AGENT LTD] for the sum £250 each for the unlawful data breach and resulting distress this has caused me, along with a signed written apology from Cristina Axente (registered Director of P4Parking UK LTD according to UK Companies House records) and [POWERTRIP MANAGING AGENT STAFF MEMBER] of [MANAGING AGENT LTD].
You are advised to seek legal advice.
I look forward to hearing from you within the stated time period.  If I do not hear from both parties within the stated time period of 14 days, I will initiate court proceedings.
Yours Sincerely,
[MYNAME]
EDIT: Fixed a few silly mistakes.

fisherjim

Worth noting the actual KADOE contract section I imagine is of relevance which I would say has obviously been completely ignored in this case:

B2.3. Before making each request for Data, the Customer shall gather
evidence to demonstrate that it has Reasonable Cause to request that
Data. This evidence may include scans, images, photographs,
correspondence and any other evidence that the Customer may rely
on to show its compliance with the requirements of this Contract and
of the relevant Accredited Trade Association’s Code of Practice

They "the customer"  obviously cannot have any evidence that they had authority on that piece of land.

https://assets.publishing.service.gov.uk/media/5a81a0c7e5274a2e8ab55036/Annex_A_-_KADOE_Fee_Paying_Contract_V4.pdf

This is in addition to the BPA COP:

7.1 If you do not own the land on which you are carrying
out parking management, you must have the written
authorisation of the landowner (or their appointed
agent). The written confirmation must be given before
you can start operating on the land in question.......

Not looking good for these arrogant idiots!

LondonE5

Letter Before County Court Proceedings

5/11/2023

[MY ADDRESS]

Dear sir/madam

I am writing regarding the matter of a breach of the Data Protection Act 2018.

This letter is served jointly to:

[MANAGING AGENT LTD]

AND

P4Parking (UK) LTD of: 

I bring your attention to article 12 of the UK GDPR law which legally requires all data controllers to store and process personal data accurately.

P4Parking (UK) LTD, contracted by [MANAGING AGENT LTD] as joint data controllers (ref: sections 58 & 59 Data Protection Act 2018), issued an invoice to [MY NAME] because it has wrongly recorded that vehicle [MYCARREG] parked in breach of an alleged contract between [THE REGISTERED KEEPER OF THE VEHICLE/MYNAME] and the landowner, also [MY NAME].  

[MANAGING AGENT LTD] and its representative [POWERTRIP MANAGING AGENT REP] had a duty of care and should have been aware that P4Parking (UK) LTD did not have the authority to operate on [MY NAME’S] property, and furthermore did not have a valid legal basis for obtaining [MY NAME’S] data from the DVLA.

This is deemed unlawful processing of personal data.

Please note the following case precedents relating to my claim of damages:

The precedents for claiming damages and compensation for such unlawful processing are the decisions of the Court of Appeal in Zeta Jones & Douglas v Hello! Magazine [2003] EWHC 786 and Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ 333, both being binding on all County Courts in England and Wales.  In the latter claim, Mr Halliday was awarded compensation of £750 at what the Court regarded was the lowest level of award, and although this was a claim under Section 13 of the Data Protection Act 1998, similar provisions - amended to take account of a decision by the EU Grand Chamber that the 1998 Act did not properly implement EU law into UK domestic legislation - replaced the old Section 13 provisions with Article 12 of the UK GDPR and Section 168 of the Data Protection Act 2018.

Furthermore, I would request you take careful note of sections 168 & 169 of the Data Protection Act 2018 which state the following:

 

Section 168 - Compensation for contravention of the GDPR

(1)In Article 82 of the GDPR (right to compensation for material or non-material damage), “non-material damage” includes distress.

(2)Subsection (3) applies where—

(a)in accordance with rules of court, proceedings under Article 82 of the GDPR are brought by a representative body on behalf of a person, and

(b)a court orders the payment of compensation.

(3)The court may make an order providing for the compensation to be paid on behalf of the person to—

(a)the representative body, or

(b)such other person as the court thinks fit.

Section 169 - Compensation for contravention of other data protection legislation

(1)

A person who suffers damage by reason of a contravention of a requirement of the data protection legislation, other than the GDPR, is entitled to compensation for that damage from the controller or the processor, subject to subsections (2) and (3).

(2)

Under subsection (1)—

(a)

a controller involved in processing of personal data is liable for any damage caused by the processing, and

(b)

a processor involved in processing of personal data is liable for damage caused by the processing only if the processor—

(i)

has not complied with an obligation under the data protection legislation specifically directed at processors, or

(ii)

has acted outside, or contrary to, the controller’s lawful instructions.

(3)

A controller or processor is not liable as described in subsection (2) if the controller or processor proves that the controller or processor is not in any way responsible for the event giving rise to the damage.

(4)

A joint controller in respect of the processing of personal data to which Part 3 or 4 applies whose responsibilities are determined in an arrangement under section 58 or 104 is only liable as described in subsection (2) if the controller is responsible for compliance with the provision of the data protection legislation that is contravened.

(5)

In this section, “damage” includes financial loss and damage not involving financial loss, such as distress.

The unlawful processing of my data has resulted in considerable personal distress, as has been detailed to [POWERTRIP MANAGING AGENT] and colleagues at [MANAGING AGENT LTD]. As of the time of writing this letter before county proceedings, I have not received a written apology from either of the joint data processors for their actions.

Furthermore, both of the aforementioned data controllers were previously informed in writing multiple times on 25/9/2023 not to proceed with the invoice (and therefore the resulting data processing & requests), due to my legal ownership of the parking bay in question at the site [PARKING SITE ADDRESS].  Had this request been heeded, further acquisition and processing of data may not have occurred.

On 6/11/2018 proof of ownership of [PARKING BAY NUMBER] was also provided to [OTHER MANAGEMENT AGENT REP] in the form of a scanned Land Registry TR1 document.

This letter services as notice of 14 days notice to the aforementioned data controllers above of my intention to seek a minimum of £500 nominal damages and compensation through the County Court under Article 12 of the UK GDPR and Section 168 of the Data Protection Act 2018 for unlawful processing of my personal data and the resulting distress this has caused to me.  

This unlawful processing of data resulted in written threats from TNC Collections to my place of residence.  This caused considerable distress as well as time spent resolving the matter.

I will not proceed with filing the above claim with the County Court if I am compensated by P4Parking (UK) LTD and [MANAGING AGENT LTD] for the sum £250 each for the unlawful data breach and resulting distress this has caused me, along with a signed written apology from Cristina Axente (registered Director of P4Parking UK LTD according to UK Companies House records) and [POWERTRIP MANAGING AGENT STAFF MEMBER] of [MANAGING AGENT LTD].

Please note that in this scenario, [POWERTRIP MANAGING AGENT REP] of [MANAGING AGENT LTD] may also be personally liable, as they had a duty of care, as designated under section 

You are advised to seek legal advice.

I look forward to hearing from you within the stated time period.  If I do not hear from both parties within the stated time period of 14 days, I will initiate court proceedings.

Yours Sincerely,

[MYNAME]

LondonE5

fisherjim said:

Worth noting the actual KADOE contract section I imagine is of relevance which I would say has obviously been completely ignored in this case:

B2.3. Before making each request for Data, the Customer shall gather
evidence to demonstrate that it has Reasonable Cause to request that
Data. This evidence may include scans, images, photographs,
correspondence and any other evidence that the Customer may rely
on to show its compliance with the requirements of this Contract and
of the relevant Accredited Trade Association’s Code of Practice

They "the customer"  obviously cannot have any evidence that they had authority on that piece of land.

https://assets.publishing.service.gov.uk/media/5a81a0c7e5274a2e8ab55036/Annex_A_-_KADOE_Fee_Paying_Contract_V4.pdf

This is in addition to the BPA COP:

7.1 If you do not own the land on which you are carrying
out parking management, you must have the written
authorisation of the landowner (or their appointed
agent). The written confirmation must be given before
you can start operating on the land in question.......

Not looking good for these arrogant idiots!

This looks great too - I'll see if I can thread that in.  Thanks @fisherjim !

EDIT: just a thought - wouldn't one issue here though be the "appointed agent" is the managing agent who has some authority to act on behalf of the land owner, though?  Though the fact they backed down on the invoice shows the PPC knows they don't have a leg to stand on, I suppose.

LondonE5

One other point - is it worth throwing in something about reporting to the ICO in my letter somewhere?

Coupon-mad

LondonE5 said:

One other point - is it worth throwing in something about reporting to the ICO in my letter somewhere?

Yes.  And your first line should say it is regarding a planned county court claim for damages for distress arising from...'

I would also reference Simon Clay v Civil Enforcement Ltd as a similar county court case where a consumer was successful in being awarded three figure damages for distress for breach of the DPA where ownership of the land and authority to operate was at issue.  Search the forum and read that case.

I don't think you should ask for '£250 each' because each party us jointly and severally liable for the whole £500 you are seeking.  Not £250 each which won't work as a claim.

"due to my legal ownership of the parking bay in question."

Remind us about the ownership, please...you have that bay aspart of the premises you own, on your title deeds?

Finally have you read the PAP for damages claims which I think is different from debt claims?

LondonE5

Coupon-mad said:

LondonE5 said:

One other point - is it worth throwing in something about reporting to the ICO in my letter somewhere?

Yes.  And your first line should say it is regarding a planned county court claim for damages for distress arising from...'

I would also reference Simon Clay v Civil Enforcement Ltd as a similar county court case where a consumer was successful in being awarded three figure damages for distress for breach of the DPA where ownership of the land and authority to operate was at issue.  Search the forum and read that case.

I don't think you should ask for '£250 each' because each party us jointly and severally liable for the whole £500 you are seeking.  Not £250 each which won't work as a claim.

"due to my legal ownership of the parking bay in question."

Remind us about the ownership, please...you have that bay aspart of the premises you own, on your title deeds?

Finally have you read the PAP for damages claims which I think is different from debt claims?

Thanks for the case reference.  Will research and thread in / revise accordingly.

Noted re: combining the 2x £250 into 1x £500 claim.

Regarding ownership, it I am looking at the Land Registry TR1 now, which is purely for the parking bay alone.  The building has a block of flats above, and we do not own any property in the shared building other than the parking bay.

There are 4 names listed on the TR1 as owner, or which I am one, and the title is held in our pension trust.

I haven't read the PAP damages claims.  Is that basically a list of requirements I should meet for a valid claim / the points my letter must cover?

LondonE5

I should add, although I am one of 4 owners, I would have the support of all 4 should any issue arise here.

1505grandad

Just a thought  -  perhaps include this case in 2015:-

"A landmark decision of the Court of Appeal in Vidal-Hall v Google Inc ([2015] EWCA Civ 311) may lead to a sea-change in how claims are brought for breaches of data protection laws. The judgment classifies the misuse of private information as a tort and allows claimants to recover damages under the Data Protection Act 1998 (DPA) for non-material loss.

Le_Kirk

1505grandad said:

The ATAs for the private parking industry are;

The British Parking Association (BPA) www.britishparking.co.uk

The Independent Parking Committee (IPC) theipc.info"

Glad they are up to date! It is still the International Parking Community isn't it?