GDPR breach PCN debt collection agencies

iceandcake

Would anyone be able to help me with the correct legislation (sections) for GDPR/ data protection breaches to take the PPC to court. I have tried to find stuff online but can't.

I need to know where is says they can't send my data and where it says I am allowed compensation.

There will already be a court case under the Equality Act for failing to make reasonable adjustments and I just need the GDPR stuff.

Thanks

KeithP

Are you trying to say that a parking company is not allowed to pass the details of the vehicle's keeper or driver to a debt collection agency?

If so, I don't think you'll find what you are looking for.

LDast

I believe that it is this but I stand to be corrected:

Article 12 of the UK GDPR legally requires data controllers to store and process personal data accurately: clearly, any data controller issuing an invoice to you because it has wrongly recorded that you parked in breach of the alleged contract between you and the landowner (or, as in this case, an agent of the landowner) is processing your personal data unlawfully. 

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.

iceandcake

KeithP said:

Are you trying to say that a parking company is not allowed to pass the details of the vehicle's keeper or driver to a debt collection agency?

If so, I don't think you'll find what you are looking for.

I am saying they are not allowed to pass my details on to the debt collection agency after i have informed them i need accessible format of PCN and appeals process which they ignored. I contacted the PPC and told them i needed accessible document format and they ignored the request and sent my details to a debt collection agency.

The PPC completely ignored my request for reasonable adjustment and didnt even respond to the reasonable adjustment request. I told them if they can't provide me with accessible format then they must cancel the PCN and not send my details to debt collection agencies.

I contacted the PPC within 28days of the PCN being issued. I can't appeal the PCN if I can't read it as it is not in an accessible format to me.

Also should i been allowed to to appeal i would have won as there are no signs in the car park. I even said that to the PPC. Who we no will ignore everything.

iceandcake

LDast said:

I believe that it is this but I stand to be corrected:

Article 12 of the UK GDPR legally requires data controllers to store and process personal data accurately: clearly, any data controller issuing an invoice to you because it has wrongly recorded that you parked in breach of the alleged contract between you and the landowner (or, as in this case, an agent of the landowner) is processing your personal data unlawfully. 

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.

 thanks, i will look at that.

Coupon-mad

I think review the DPA 2018 data principles and spot which one they breached.  Cite that in your claim.

Also look at the FCA CONC debt collection rules which DON'T directly apply to parking contracts (because they manage to escape FCA scrutiny) but those standard UK rules establish a fundamental debt collection principle that 'disputed debt' must not be passed for enforcement/debt recovery.

Those rules are followed by the CSA, of which parking DRAs are members (even though the FCA doesn't oversee parking debt recovery).  So they - the debt collectors - are probably in breach of the CSA rules.

Finally, look at the great counterclaim threads by @Nosy and @ellaro9 (both won, got a few hundred awarded, and the latter was an Equality Act case that was well argued and he showed his witness statement arguments to help others).

Oh: And even more 'finally/one more thing', you can cite and use Simon Clay v Civil Enforcement Ltd, which was a court claim (not a counterclaim) for damages for distress for GDPR and DPA 2018 breaches.

The transcript of Clay v CEL is kicking around the forum a few months or years back. 

Coupon-mad

iceandcake said:

Would anyone be able to help me with the correct legislation (sections) for GDPR/ data protection breaches to take the PPC to court. I have tried to find stuff online but can't.

I need to know where is says they can't send my data and where it says I am allowed compensation.

There will already be a court case under the Equality Act for failing to make reasonable adjustments and I just need the GDPR stuff.

This poster sued a PPC successfully, then also sued (and won against) a residential RTM company for DPA 2018 breaches:

https://forums.moneysavingexpert.com/discussion/6421843/i-sued-a-parking-company-and-won/p1