HighView Parking - Warrington Hospital - POFA wording

ThisWayUp

Dear all,

Double dip case with at Warrington Hospital - no parking occured - simple in and out, two instances.

I have sent an appeal using the Newbies sticky. I am trying to write a POPLA appeal. I have searched this operator on this forum and lots of comments about not being POFA compliant (as late as august last year). However, everything appears to be compliant now? Attached as below. Many thanks in advance.

nopcns

If you want us to consider whether an NtK is PoFA compliant you must leave all dates visible. You haven't.

Edited to add: They have not complied with condition 9(2)(e)(i) of PoFA.

ThisWayUp

nopcns said:

If you want us to consider whether an NtK is PoFA compliant you must leave all dates visible. You haven't.

Edited to add: They have not complied with condition 9(2)(e)(i) of PoFA.

Many thanks for your reply. Date of issue: 30/01/24, alleged parking 18/01/24 to 19/01/24, times were 0830am to 0741pm.

nopcns

So dates are compliant (just). However, as I stated, they have not fully complied with all the conditions applicable under Schedule 4 of PoFA. I don't see any "invitation" (or other meaning of the word) for the keeper to pay the charge in the NtK. 

Coupon-mad

None of it matters if it was a double dip.

Search the forum for:

 double dip orphan images 

& send the usual complaint at the same time as doing a POPLA appeal (NOT A TEMPLATE AND NOT TRYING TO RELY ON TENUOUS POFA WORDING ISSUES OR SAYING YOU WEREN'T DRIVING) putting Highview to proof of the missing orphan images.

ThisWayUp

Many thanks for everyones help

I have done the POPLA appeal. I am currently doing a SAR and used one I have found on forum and edited accordingly. Is this all good to go?

Subject access request
Parking company High View Parking
Dated 17/04/24
Registered Keepers Name: XXXXXXXXX
Registered Keepers Address XXXXXXXXX
Re PCN Number XXXXXXXXX

Please supply the information about me I am entitled to under the UK GDPR relating to:

• Any and all documents, images and videos mentioning my name or any details relating to myself i.e. vehicle registration/contact details/ PCN number etc

• Of particular interest is the date stamped ANPR images of the vehicle registration on the 18th and 19th January 2024. To help you with your search for these images you may wish to look during the times between 0830am and 0840am on the 18th January 2024, and 0731pm to 0741pm on the 19th January.

• Full email history and the emails mentioning PCN number, myself or vehicle registration/contact details etc

• All interaction made with any other external bodies to yourself (including but not limited to governmental or private) where data regarding my PCN number/vehicle/details have been discussed.

• A list of all telephone calls made where my PCN or details are mentioned and details of what was said.

• Of Particular interest is any documentation trail showing how and whom has sold/passed you details relevant to the PCN or personal details.

• Copies of all documents/email/photographs or communication by any other means

• Full disclosure of all information held about myself, my details and or my vehicle

• Details relating to what information is viewable by any external companies handling mail on your behalf, i.e. are envelopes sealed prior to being issued to mail handling companies used if applicable.

• I request a full itinerary of what happens and what stages my data is processed under whilst in your database

• Proof of the rights you have to manage my data

I would like the information electronically sent to the email you have received this notice.

It may be helpful for you to know that a request for information under the UK GDPR should be responded to within 30 days. The 30 day compliance limit commences 2 days from the issue date noted above.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Regards,
XXXXXXXXX
Registered Keeper

Coupon-mad

Don't do a SAR. Do a complaint, using the words I suggested before.

ThisWayUp

Many thanks for your continuing help.

Unfortunetly due to personal circumstances, time has been been a bit short - I was unable to find a post with the wording for a complaint.

On the positive side, I have been told by POPLA that the opertaor has cancelled the charge and therefore my appeal has been withdrawen.

I'm sure I can still send a conmplaint - what wording is necessary - e.g. not manually checked ANPR etc

Coupon-mad

Ah well done.  

As it's cancelled there's no point complaining because they'll just say "it's cancelled anyway".

ThisWayUp

Many thanks for everyones help.

So I wanted to discuss the issue with my-soon-to-be-new-MP. I did the SAR to hopefully demonstrate the issue with my MP. Unfortunerly they didn't provide me the data (specifically the missing vehicle license plates entry/exit). I spoke to the ICO, who said, if you can't prove they have the data, then you just have to put up and shut up.

Does anyone know how the data is presented in a day? Is there a rolling stream of images in a pdf file (redacting all other license plates). I have the dates and 10 minute window's they need to look at. The second day was in the late evening, and I doubt my entry was missed by a tailgating car.

I did a quick search and found an article: https://www.thisismoney.co.uk/money/cars/article-11889321/How-one-mans-war-against-private-parking-fine-invalidate-ticket-sent-ANPR-camera.html

What is really concerning, in the article, is High View Parking's stance:

However, It is incredibly rare for a vehicle to be registered upon entry, missed at exit and re-entry, and then picked up again on the second exit. In such instances, we would enforce the parking restrictions unless proven otherwise through our, or POPLA's PCN challenge process

First of all, I doubt it's rare. 

But, why should anyone have their data processed unlawfully and then have to deal with appealing, potentially losing and then having to pay a charge, when they never even parked there?! Luckily, I had other data to prove I was elsewhere, but what if it's someone who is afraid or someone who doesnt have any data on their where-abouts?! Why is the DVLA selling my data, when High View Parking admitted they don't do their due digilance and the system is obviously not robust?!

Coupon-mad

First of all, I doubt it's rare. 

But, why should anyone have their data processed unlawfully and then have to deal with appealing, potentially losing and then having to pay a charge, when they never even parked there?! Luckily, I had other data to prove I was elsewhere, but what if it's someone who is afraid or someone who doesnt have any data on their where-abouts?

Agreed.

It's FAR from rare:

http://notomob.co.uk/discussions/index.php?topic=5768.60