PCN Horizon Parking - not my car in picture

GrannyKate

I received a PCN today from Horizon for allegedly parking in a disabled space without a blue badge in South Wales last week.  It is clearly not my car in the picture as it is red (mine is black) and the registration number is different to mine by one letter 71 in the middle not 21.  This is not even blurred and the number is very clear.  I was several hundred miles away from South Wales all last week.

I intend to appeal as per letter enclosing photo of my car and the V5 and ask them to cancel the charge and remove my data from their records as they do not have a legitimate reason to process my data.  

Are there any pitfalls to watch out for here? 

Gr1pr

I would add details from the CoP requiring operators to check the pictures and details are accurate etc, before they obtain keeper data from the dvla and send out a pcn

I would also state that the NTK PCN does not comply with pofa so you are not liable as keeper and definitely not the driver 

Plus state that you are looking at a complaint to the BPA AOS compliance team too

So go for it 

Half_way

do you know where this car park is?

GrannyKate

Yes it is a Tesco Extra in South Wales according to the PCN.  Last week my house was being rewired many miles away from S Wales and I was here.  The picture is extremely clear there is no mistaking the 7 for a 2 unless they need stronger glasses.  Such a waste of my time which makes me cross.  Thanks for your thoughts @Gr1pr - just having a quick read of COP.  

1505grandad

Perhaps also a complaint to the DVLA as the ppc have obviously broken the KADOE contract:- 

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

"B7.2. The Customer shall ensure before relying on any item of Data that the Data provided matches the information in the request (for example, so that the model, type and colour of the vehicle match) and shall not seek to recover payment where the Data provided does not match the vehicle information in the request."

Umkomaas

Perhaps also a complaint to the DVLA as the ppc have obviously broken the KADOE contract:- 

Here are the email addresses to use:

ccrt@dvla.gov.uk

KADOEservice.support@dvla.gov.uk

Send identical complaints to both. 

1505grandad

" It is clearly not my car in the picture as it is red (mine is black) and the registration number is different to mine by one letter 71 in the middle not 21."

" The picture is extremely clear there is no mistaking the 7 for a 2 unless they need stronger glasses."

Not forgetting the KADOE requirements before they even press the key for obtaining automatic (no human intervention) personal data of the RK:-

"B2.3.   Before making each request for Data, the Customer shall gather evidence to demonstrate and ensure that it has Reasonable Cause to request that Data. This evidence may include scans, images, photographs, correspondence and any other evidence that the Customer may rely on to show its compliance with the requirements of this Contract and of the relevant ATA Code of Practice."

LDast

Article 5(1)(d) of the UK GDPR requires data controllers to ensure that personal data is accurate and, where necessary, kept up to date. If a data controller, such as a private parking company, unlawfully obtains a vehicle keeper's data from the DVLA and processes it inaccurately—such as issuing an invoice based on incorrect information about a breach of an alleged contract with the landowner (or their agent)—this would constitute a breach of the UK GDPR. Such processing would be both inaccurate and unlawful under Article 5(1)(d).

Precedents for claiming damages for unlawful data processing are found in cases such as Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333, where the court awarded compensation for distress caused by inaccurate personal data processing under the Data Protection Act 1998. Although this case pre-dates the UK GDPR, its principles remain applicable under the updated UK GDPR and Data Protection Act 2018. Under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018, individuals have the right to compensation for both material and non-material damage resulting from a breach of data protection laws.

The case of Vidal-Hall v Google Inc [2015] EWCA Civ 311 confirmed that claimants could recover compensation for distress alone under the Data Protection Act 1998. This principle is now explicitly recognised under the UK GDPR, meaning that individuals can claim compensation even if they have not suffered financial loss, as long as distress is demonstrable.

Furthermore, the case of Tetragon Financial Group Limited v Revenue and Customs Commissioners [2020] UKUT 0305 (TCC) underlines the importance of accurate data handling by public bodies. This principle applies to the DVLA, a public body, which has a responsibility to ensure that the data it shares with third parties—such as private parking companies—is used lawfully and accurately. If a private parking company unlawfully obtained and inaccurately processed your data, you may have grounds to seek compensation.

To seek compensation for the unlawful processing of your personal data, you should provide a pre-action notice to the data controller (the private parking company). While the standard pre-action protocol typically allows 14 days' notice, providing 21 days demonstrates goodwill. Your letter should clearly state your intention to claim damages of £300 for distress under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018, unless the company confirms in writing within 14 days that all references to the alleged debt have been deleted. Mark this letter as a ‘Letter Before County Court Proceedings’.

If the data controller does not comply, you can file your claim as a litigant-in-person under Part 27 proceedings in the County Court, commonly referred to as the Small Claims Court. Each party is generally responsible for their own legal costs, regardless of the outcome. The claim can be submitted online through the Money Claim Online service (moneyclaimonline.gov.uk) for a filing fee of £35. If successful, you may recover your court fees, bringing the total claim to £335.

Half_way

To the parking company....

Re parking charge notice ( whatever number/reference it is) issued to vehicle ( your vehicle reg)

You have accessed my personal details without permission and without just cause, your systems are defective and I do not appreciate having my time wasted by your incompetence.

To prevent any further action being taken against you and/or your principal (Tesco stores)  you must cancel this parking charge notice with immediate effect and issue a full un redacted apology, together with compensation for my time at (£??)

I look forward to hearing from you to confirm that this matter is resolved and that you will make a payment to myself

GrannyKate

Many thanks for everyone's suggestions and advice.  I have in the first instance submitted an appeal on line reminding them of their duties under the Kadoe contract and the BPA COP.  I have attached a photo of my car and the relevant section of my V5C.  I have asked for the PCN to be cancelled immediately and for an apology and an explanation.  

GrannyKate

Just an update - no response received to my appeal so far (I know they have longer but this is not complicated and there can be no doubt PCN has been issued in complete error).  I thought I would complain to Tesco reminding them of their responsibilities for the actions of their agent (Horizon). I had an exchange of WhatsApp messages (seems to be the only way to communicate with them other than by phone and I am quite deaf).  

Background - they have obtained my details from DVLA because they have misread the VRM for the car in the picture - it is quite clear and not blurred in any way. Wrong number, wrong colour, wrong make and I've not been to S Wales for at least 10 years.  

'Raza' at Tesco just kept repeating his mantra - 'This is the process. Appeal with Horizon and then come back to us when you've received a response that you're unhappy with'.  I pointed out that I knew Tesco could cancel the charge and basically that they had responsibilities to ensure their agent was not processing my data illegally.  I asked for an email for their DPO as I would be raising the matter with them and suggested that 'Raza' may like to consult their legal team.  This last message was met with silence.  

I will go on line next week to check if Horizon have cancelled the PCN yet.  I also need to complain to DVLA and my MP.