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First Parking PCN at Newborough National Nature Reserve - WON! - ICO complaint

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Comments

  • MothballsWallet
    MothballsWallet Posts: 16,034 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 July at 1:23PM

    Isn't that against the Companies Act, at least the 2006 version (as in if they have an email address, it must be on the website)?

  • piggypower
    piggypower Posts: 66 Forumite
    10 Posts First Anniversary Name Dropper

    Sorry I missed some of this. Attached is the aerial image. Red arrow is ANPR cameras. Green circle shows carpark. Yes you have to pay to park after the 30minutes.

    forest beach.jpg
  • piggypower
    piggypower Posts: 66 Forumite
    10 Posts First Anniversary Name Dropper

    So…. no PCN can be issued within 4 months of the 30th March 2026?? Is that law?

  • piggypower
    piggypower Posts: 66 Forumite
    10 Posts First Anniversary Name Dropper

    why not send it recorded?? surely they could claim they didnt receive it otherwise?

  • James_Poisson
    James_Poisson Posts: 855 Forumite
    500 Posts First Anniversary Photogenic Name Dropper
    edited 2 July at 4:52PM

    "So…. no PCN can be issued within 4 months of the 30th March 2026?? Is that law?"

    The private parking industry are unregulated but they are bound by a trade bodies Code of Practice under "material changes" you are though dealing with chancers that are only interested in money so they conveniently "forget" some of the rules:

    3.4. Material changes – notices

    Where there is any material change to any pre-existing terms and conditions that would not
    be immediately apparent to a driver entering controlled land that is or has been open for
    public parking, the parking operator must place additional (temporary) notices at the site
    entrance for a period of not less than 4 months from the date of the change making it clear
    that new terms and conditions/charges apply, such that regular visitors who might be
    familiar with the old terms do not inadvertently incur parking charges

    NOTE: Examples of material changes can include introduction of parking enforcement
    where none has previously applied, introduction of time-limited free parking, or reductions
    in the time limit within which free parking is available. Given the need to avoid confusion
    and clutter at entrances the test is whether the fact that a change has been made is clearly
    signalled to drivers on entering the land and the nature of the change is clearly displayed
    thereafter – it may also be necessary to install repeater notices depending on the scale of
    the premises.

    https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf

    "why not send it recorded?? surely they could claim they didn't receive it otherwise?"

    Because these are not normal businesses that want you to find their offices, they use mail drops or PO box numbers etc. One PPC had four addresses one of which was a news agents in Denham, another was a Sorting office in Uxbridge, another was their registered HQ in Coventry, but their real non listed address was in Beaconsfield. Basically no one will sign for mail.

  • GrannyKate
    GrannyKate Posts: 2,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    Natural Resources Wales do have a DPO who you could copy in dataprotection@naturalresourceswales.gov.uk

    If you get proof of posting then the letter will be presumed to have been delivered after a specified number of days

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  • piggypower
    piggypower Posts: 66 Forumite
    10 Posts First Anniversary Name Dropper

    I cant see where it states that no PCN should be issued in that 4 months?

  • piggypower
    piggypower Posts: 66 Forumite
    10 Posts First Anniversary Name Dropper

    ICO?

    Sorry, I struggle with acronyms.

    … and to review I am complaining to F1rst Parking (not appealing) about the breach of camera code and DPA due to location of ANPR to car park?

    NRW in their reply email highlighted there is more than one carpark, thus the ANPR camera captures all traffic heading to either carpark on the private land

  • piggypower
    piggypower Posts: 66 Forumite
    10 Posts First Anniversary Name Dropper

    Complaint draft to F1rst Parking;

    To Data Protection Officer,

    The position of the ANPR cameras at Newborough Forest are seven minutes out from the actual car park. Seven minutes is according to Google to get to the carpark from the ANPR cameras but in reality it's closer to ten minutes, and at peak times according to Google reviewers it can become twenty+ minutes, to get anywhere near the parking bays, due to being unable to pass cyclists, pausing and pulling in for traffic, waiting for passing walkers, dogs of the lead, plus MASSIVE speed bumps to slow you down.

    As such, the cameras breach the ICO Code of Practice for Surveillance Cameras and if you refuse to take this complaint seriously and move the camera position to the actual car park, I will escalate the complaint to the BPA and to the ICO. To use cameras this way is plainly unfair data collection and breaches the DPA 2018 and I will be asking the ICO to investigate.

    ….

    How do I sign it off? What action do I ask them to take? Do I reference the PCN?

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