Parking Charge Notice - non POFA - appeal rejected...

KeithP

nopcns said:

You should also report them to the ICO as their privacy policy on their website contains no contact information, whatsoever, for their DPO.

It might be worth noting that their Privacy Policy does include this contact information...

If you wish to withdraw your consent for us to process your data, including from future marketing correspondence, please email: marketing@parkshield.com with the subject line: ‘Withdraw consent’.

GrannyKate

I did a bit of digging but despite trying several versions of Parkshield Collection Ltd and Private Car parking Enforcement Agency (a trading name) and both the Knutsford and Stockport Postcodes I cannot find any certificate of registration with the ICO.  I may be missing something but this would be a mandatory requirement of any contract with an NHS Trust.

Coupon-mad

GrannyKate said:

I did a bit of digging but despite trying several versions of Parkshield Collection Ltd and Private Car parking Enforcement Agency (a trading name) and both the Knutsford and Stockport Postcodes I cannot find any certificate of registration with the ICO.  I may be missing something but this would be a mandatory requirement of any contract with an NHS Trust.

Good point. The OP should state this to the NHS Trust and ask THEM to investigate this and explain.

GrannyKate

It is not unreasonable to tell CEO of Trust that you attempted to contact DPO for the parking contractor and they do not have any contact details in their privacy notice.  Attempts to get the registered address from the ICO Privacy Registration List failed to show any evidence of registration under the known company names and addresses.  This must raise Information Governance concerns for the Trust because this contractor is in a position to obtain names and addresses of persons attending the hospital site.  This would be classified as sensitive personal data and would require much more rigorous handling than data relating to persons attending say a shopping mall car park. 

1505grandad

It is a requirement of the KADOE contract:-

https://www.whatdotheyknow.com/request/kadoe_service_contract_informati/response/1683411/attach/4/FOIR8718 annex 1.pdf

Page 80:-
SCHEDULE 2
MINIMUM DATA SECURITY REQUIREMENTS
"s) The Customer must be registered with the Information Commissioner and the permission must cover all activities actually carried out;"

Moola123

GrannyKate said:

It is not unreasonable to tell CEO of Trust that you attempted to contact DPO for the parking contractor and they do not have any contact details in their privacy notice.  Attempts to get the registered address from the ICO Privacy Registration List failed to show any evidence of registration under the known company names and addresses.  This must raise Information Governance concerns for the Trust because this contractor is in a position to obtain names and addresses of persons attending the hospital site.  This would be classified as sensitive personal data and would require much more rigorous handling than data relating to persons attending say a shopping mall car park. 

I have done this - thank you

GrannyKate

Good point @1505grandad - I may be missing something but I couldn't find their registration with ICO and DPO contact details should be in their privacy notice anyway.  I don't think contacting 'marketing' is an appropriate option. 

Moola123

Above is the operator's response to my appeal to the IAS... rather bland!... of course, they have completely ignored all the valid points made about non-liability of keeper/POFA + made no mention of their lies to try to bully me into paying or divulging information for something that happened nearly 4 months ago + failed to acknowledge the evidence I submitted showing I was at home with baby at the time of the alleged infraction (which would satisfy their ''burden of proof'' argument'!)

The operator's behaviour really does feel vexatiousness, bordering on harassment and completely outside of what should be accepted by the Courts, the NHS trusts, the DVLA, etc... I am guessing that if operators continue to behave this way, it is because no one has ever really punished them properly... what a shame...

nopcns

KeithP said:

nopcns said:

You should also report them to the ICO as their privacy policy on their website contains no contact information, whatsoever, for their DPO.

It might be worth noting that their Privacy Policy does include this contact information...

If you wish to withdraw your consent for us to process your data, including from future marketing correspondence, please email: marketing@parkshield.com with the subject line: ‘Withdraw consent’.

That may be because I was confused by the obfuscation in the Parkshield NtK that shows at the top, what appears to be the company name "Private Car Parking Enforcement Agency". I then looked up that name and found the company: "The Parking Enforcement Agency" at https://www.parkingenforcementagency.org and their website and privacy policy has no contact for their DPO either.

Reading the NtK, from top to bottom, the only name shown is the one at the top, "Private Car Parking Enforcement Agency". Then, further into the NtK it states "We the Creditor". One presumes that the creditor is a company trading as "Private Car Parking Enforcement Agency". It is only later in the NtK where it says that cheques should be made out to "Parkshield Collection Limited". Obfuscation?

Anyway, marketing@parkshield.com is not a contact email address for their DPO. Every organisation, as mandated by data protection regulations, must appoint a Data Protection Officer who serves as a point of contact for data protection inquiries and concerns. As this individual plays a crucial role in ensuring compliance with data protection laws and safeguarding the rights of individuals whose data they process, there must be a contact point for this person. This scamming company do not have such a contact.

GrannyKate

@nopcns The privacy policy which I found linked to Private Car Parking Enforcement Agency was actually the same one as Parkshield (Including that name throughout the text)