GDPR breach on evidence

arronr

Hi, I'm about to appeal to the IPS 9based on terrible signage). On my initial appeal to the Parking company i missed that all the cars in their evidence have their registrations clearly visable to me, Is this a GDPR breach and can it help my appeal? Also their CCTV evidence doesn't actually show the car parked, as the bay is obscured, should that help too/ thanks a lot, great forum, wish i'd found it sooner!

Half_way

A picture of a car showing its registration plate, on its own is not a data breach. However it would be if combined with the registered keeper data.

Have you read the "sticky" thread on this forum ( newbies read this) ?

Is this CCTV evidence or an ANPR picture?

What exactly have you said in your "appeal" to the parking company?

what is the name of this parking company?

whos car park is this?

Do not attempt to guess as to who could have been driving.

The IAS - so-called independent appeals whatever is a sham and is not independent, do not expect them to  do not be surprised if they turn down your "appeal" however  be surprised if they accept it

LDast

arronr said:

Is this a GDPR breach and can it help my appeal?

No and no.

Coupon-mad

Do you mean you are trying an IAS appeal? Don't.

arronr

Thanks a lot, Yes i read the sticky post but read it too late! As i've to the IPS appeal stage is there herm in appealing even if it is a sham? 

h2g2

No harm in making an appeal, in the grand scheme of things. But they reject the vast majority of appeals. The reason it's not recommended is nothing to do with harming your case, but more to do with the fact that it won't ever help your case. A poorly written appeal can also hurt your case. If you, for example, accidentally admit you were driving you can no longer rely on a deficient Notice to Keeper - a much easier defence than defending as driver. Or if you admit to breaching the T&Cs in the appeal (e.g.: "I didn't mean to overstay, but got held up because the film was longer than I realised" or something like that) it makes your defence much harder.

It also gives the IAS/IPC/PPC an opportunity to write you a scary-looking formal letter which is designed to evoke a reaction of "oh [preferred expletive here], I've got no chance I'll just pay it". Which is a win for the PPC and a loss for you.

Just be aware that they will reject your appeal, for the same reason a hungry tiger will tell you they're only inviting you over for dinner...

Coupon-mad

Don't do it. Puts you on the back foot and buoys them to continue to intimidate you.

arronr

Thanks a lot, so if i ignore, just thinking about what's next. I had 3 separate tickets for parking in a customer only area. (didn't see the crap small poorly located entrance sign, and no in park signs where i parked so im my veiw didn't enter a contract). Am i right in thinking they'd have to treat each ticket separately if taken to court? thanks all.

LDast

If all three PCNs are for the same basic event at the same location for the same vehicle, then they should take them all to court as a single claim. However, if they don't, after the first claim you have the advantage of claiming cause of action estoppel. Look it up.

Coupon-mad

arronr said:

Thanks a lot, so if i ignore, just thinking about what's next. I had 3 separate tickets for parking in a customer only area. (didn't see the crap small poorly located entrance sign, and no in park signs where i parked so im my veiw didn't enter a contract). Am i right in thinking they'd have to treat each ticket separately if taken to court? thanks all.

No. One claim. Easily defended. No risk.