Can I sue Popla & Parking Eye?

somethingabstract

I got a ticket.  I forgot to register my vehicle at the place I was using.  Really annoying to use a venue and then get a ticket anyway.  I didn't see the machines, but perhaps I was distracted, I have ADHD.

I called the venue and they said I should contact the company, provide evidence and they would cancel the ticket.

I contacted Parking Eye, but I had to agree to their terms.  Their terms told me what they would do with my data.  The terms referred to my parking ticket in one part.  The parking ticket referred to the terms.  Neither answered this particular section.

Being a tutor for GDPR, I got a bee in my bonnet.  This was my first mistake.  I should have just sent them the evidence.

Instead I wrote to them saying I couldn't send them the evidence until I knew what they would do with my personal data and requested they delete all information about me until that point.

They then said they denied my appeal.

I had not made an appeal. 

They told me to contact Popla.

So I did.

Parking Eye provided evidence of parking signs and of my parking misdemeanour.

I provided a statement saying none of this mattered as I had been denied my right to appeal.  I also said I thought I had been denied it purely because I had complained about their GDPR rules.  And that their contract was invalid.  

I made another mistake.  I explained that if my contract was invalid, so were all the other parking ticket contracts.  They should refund everyone who received a ticket or who had agreed to their privacy policy.  I guess this means they cannot agree with me at this point.

Popla denied the claim, they don't give you a reason they just say it's denied.  From my knowledge I believe Popla is formed by a parking company or a group of parking companies.  So it is self serving.

I still don't want to pay them as they should have let me off as I used the facilities and for the sake of a few quid, it makes no sense for them to take me to court.  Surely it will cost them more.  It's certainly already cost me more if I value my time.

I don't know what happens next.  Should I just wait until they try to take me to court?  Then go and have my say?  I don't want to build up a collection of parking tickets at some point and they take me to court for a larger amount, however unlikely that is.  I feel this is an unjust situation and I feel like it's the car parks bullying people.

I also feel like it's an incomplete contract and a breach of GDPR.

Aside from just paying £125, which I don't have at the moment.  What should I do?  Should I pay the money and then take them to court?  

Should I take Parking Eye and Popla to court?  Separately?  How can I complain about Popla, they are not much of a regulator.  Hate to be a skeptic, but the Parking Eye and the Popla websites are designed nearly identically.

Also if anyone wants to start a legal company with me feel free to comment.  I'm fed up of companies like this and the local authorities just doing whatever they want.

Gr1pr

I doubt that you could sue either of them successfully, it would probably be costly too

As a member of a recognised trade body, the BPA, Parking Eye can access keeper details from the DVLA database under reasonable cause in order to write to the keeper.  The DPO at Parking Eye is responsible for that data and will normally only deal with the actual data subject, requiring proof from you where necessary 

POPLA is a BPA ADR  service run by the Ombudsman service at the moment, the parking companies pay the BPA, the BPA contract with the service of their choice, at the moment, that will all change when the new mandatory regulated DLUHC code of practice is in force later this year, due to the Private Parking Bill 2019 which was enacted 5 years ago after the private members bill by Sir Greg Knight MP 

POPLA is not a regulator, there is no regulator, no regulation at the moment, none at all, not until after the DLUHC implement the new code of practice 

You could complain to your local MP, who will tell you we are waiting for the DLUHC CoP to arrive 

I suggest that you take part in the new DLUHC survey that coupon mad posted about a day or two ago on here 

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice#latest

Parking Eye may issue an LoC followed by a court claim pack from the CNBC in Northampton using MCOL within the next 6 years, or may contract a lawyer to do so instead of in house 

somethingabstract

Hey, thanks for your response, much appreciated.

What is an LoC and CNBC and MCOL?  

I'm guessing CNBC is a court?

I think MCOL is Money Claim Online, is that right?  Seems like MCO would be more accurate hence my doubt.

I could of course write to ICO and tell them about their breach of GDPR and that they have been profiting from  an incomplete privacy policy.  I doubt it will get me any money back.

If I just ignore anything Parking Eye sends through what are my chances?

LDast

You have not yet read the Newbies/FAQ thread where all your questions are already answered. Please do read it now and then come back if there is anything not covered in there.

Nellymoser

https://uk.trustpilot.com/review/popla.co.uk?search=Watford

Please sign and share:
Immediately Reintroduce Private Parking Code of Practice. https://petition.parliament.uk/petitions/660922

Gr1pr

You should not be ignoring a big company like Parking Eye, they sued Barry Beavis a decade ago and he lost in the Supreme Court in London ! You are talking about suing 2 companies, one being a massive parking company and the other being the government Ombudsman service, yet have no idea about the legal justice system or wordings etc. ?

Parking Eye are fully aware of their GDPR responsibilities, they have a DPO and an internal litigation team too

The ICO are likely to tell you that no breach occurred, but it seems to me that whilst you may know about GDPR you have little idea in how this unregulated industry works, or the legal system or its terminology, in which case they will wipe the floor with you, which could cost you more money, plus time and effort 

loC is covered in the 5th post of the newbies thread in announcements, 6th thread down from the top of this forum , which you don't appear to have read judging by your reply ( Letter of Claim, formerly an LBC. )

MCOL is Indeed Moneyclaim on line, look it up, its a government gateway service 

The CNBC is not a court, its a government centralised civil service office in Northampton for dealing with court claims in England and Wales , again easily googled 

No more guessing, stick to the facts, Google what you don't know or understand, no more guessing 
I don't want to sound unkind, I want you to fully understand the situation, being a GDPR coach may help you, but don't let it or your ADHD affect your sound judgment, you are here as a pupil , to learn and to understand 

All the initialisms and acronyms are covered in that 5th post in that Newbies thread, so please study it carefully and then at least we are all on the same page 

somethingabstract

LDast said:

You have not yet read the Newbies/FAQ thread where all your questions are already answered. Please do read it now and then come back if there is anything not covered in there.

Hey, I looked here but I wouldn't find the answers.  /site/forum-faqs/?_gl=1*9j447r*_ga*NzI5MTE4MzA3LjE3MTU5NDE3ODM.*_ga_X74CWQS9F0*MTcxNTk3MjM2NC4zLjEuMTcxNTk3MjUxOS4wLjAuNDUyNDQ3Nzg.#faqs

I know this will be my fault, but could you clarify what I should have done instead?  Or whether the answers are there and I need to look further.

somethingabstract

Sorry found the FAQ after reading the next post along.  I can't delete the one above.  

somethingabstract

I know you say CNBC is easily Googled... I think you're overlooking the fact it's a huge TV station in America.  My Googling wasn't so easy.

Gr1pr

Different countries, different meanings, try CNBC Northampton , because I did mention its location 

You may be able to edit your posts because your status is forumite not newbie now 

Or for an administrator to delete it you report it for deletion using the red report button 

I hope you read post 5 in that Newbies thread to get up to speed on jargon other than GDPR 

somethingabstract

Gr1pr said:

No more guessing, stick to the facts, Google what you don't know or understand, no more guessing 
I don't want to sound unkind, I want you to fully understand the situation, being a GDPR coach may help you, but don't let it or your ADHD affect your sound judgment, you are here as a pupil , to learn and to understand 

Thank you.  I appreciate the comment, it wasn't at all unkind.  I'm happy to learn.  I came here via a post so I didn't even see that there was a newbie FAQ when I registered.  It's VERY informative.

So the status is I have appealed (badly it seems) and appealed to POPLA (again badly it seems), and spoke to the legal department of the land owner explaining where the GDPR breach was and that the policy/contract was incomplete so I couldn't agree to it.

But PE & POPLA have taken this discussion as my appeal and rejected it, despite my complaint I have not been allowed to appeal.  Do you think I would have an argument on having been given no right of appeal?

I'm guessing my first port of call is to write a complaint to the land owner as suggested in the newbies part.  The land owner did say it would be cancelled afterall.

If that fails I guess I should wait for them to send me a letter about court.  Although I'm guessing I have caused myself a problem with anything I have said or admitted up until this point.  It seems like most of them get cancelled, according to the newbies post.  I would guess it's because it's not going to be very profitable to chase for one ticket.

I will write to the land owner and come back if that doesn't work.