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Britannia Parking - Appeal Rejected
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Thanks Coupon-mad for your help,
I have drafted the following from a recent example and was hoping you could read over before I send to Britannia and PaybyPhone.
Dear Sirs,
FTAO the Data Protection Officer, Britannia Parking
In relation to reference XXX, Britannia Parking is breaching the GDPR in its data storage and continued processing of the VRN of the vehicle belonging to me, and your inaccurate data use is causing me detriment, distress and potential loss, contrary to the Data Protection Act and contrary to the Information Commissioner Office's (ICO) ANPR/Surveillance Camera Code of Practice.
The ICO has already confirmed that a VRN is 'personal data'.
The VRN was XX, and the date/time of payment was 29/06/18 at 13:45pm, and it was allocated inaccurately to 8100 location code. The accurate data should read 59902 as the correct location code. The data subject requires that PBP's Data Protection Officer rectifies the known inaccurate data and allocates the payment to the right code and recipient.
Britannia and your agents are at fault, and this fault lies squarely with your Data Protection Officer (DPO) for failure to ensure the timely and accurate data handling of VRNs, by your chosen agent. I require to stop processing the vehicle registration details immediately, whilst your DPO undertakes the necessary check to identify and rectify the 'inaccurate data'.
As well as data protection law, it seems to me that Britannia is in breach of:
- the Consumer Rights Act 2015 (key consumer rights law, covering contracts for goods, services, digital content and the law relating to unfair terms in consumer contracts).
- the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which relate to distance contracts such as this which involve an exchange of information (more than just a single text) and require certain prescribed information to be accurately supplied in a timely manner.
- the Consumer Protection from Unfair Trading Regulations 2008 (specifically, section 6 'Misleading Omissions':
6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—
(a) the commercial practice omits material information,
(b) the commercial practice hides material information,
(c) the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or
(d) the commercial practice fails to identify its commercial intent, unless this is already apparent from the context,
...and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.
Due to a processing error on the part of the 'paybyphone' app, your payment handling agents have brought forward an inaccurate ‘Nearby Location’ suggestion which has been selected and wrongly applied to my request for a parking session for a completely different location. This is a data mismatch and/or error.
The data is wrong and untimely and in continuing to use it, Britannia are breaking the law.
Please do not insult me by trying to blame me, or the app, and pretending that you cannot be held responsible for this data inaccuracy. I remind you of the law of agency and your 'joint and several' liability for the actions of your agents. To any reasonable man on the proverbial Clapham Omnibus, retaining a VRN for months (and certainly for years) then automatically reintroducing it when other data streams under your control prove it was the wrong VRN, is likely to be considered untimely, excessive and unjustified.
Clearly the incorrect location code must be erased, and the correct location code retrospectively overwritten, based on the information you hold from your ANPR data stream. You had the information and data streams you needed all along, and I assert that with the advent of the GDPR, parking firms have no lawful excuse to punish and blame drivers for such errors and mismatches, where the data is easy to rectify and causes no loss to your company given that the ICO's ANPR CoP actively requires you to make checks to avoid errors and ensure human intervention is applied to what is otherwise a purely automated decision.
This is undoubtedly a serious matter for the ICO to consider. Failure by Britannia to assume the responsibility to put right the error will be reported to the ICO without delay, should you refuse this rectification notice.
Do not try to delay matters by an unjustifiable request for 'ID' you already know who I am and can identify me from this email and the information in it. Britannia holds full information, including my full name and address and you can identify that the VRN is connected to me
I require a reply from your Data Protection Officer within 30 days, and I wish to exercise my right to request 'restriction of the processing' of my personal data while Britannia Parking check it, in accordance with Article 18 of the GDPR.
For the avoidance of doubt, this notice means that you now have no option but to cease/put 'on hold' any planned legal action because you are now legally barred from processing my data.
Yours faithfully,
0 -
Coupon-mad wrote: »OK so who is the phone app provider, PayByPhone?
The phone owner needs to send them (PBP) a RECTIFICATION NOTICE under the GDPR, telling them that the wrong location code was entered and this is a formal Rectification Notice under the GDPR, rectifying the error.
The VRN was xxx xxxx, and the date/time of payment was xx/xx/18 at xxpm, and it was allocated inaccurately to xxxx location code. The accurate data should read xxxx as the correct location code. The data subject requires that PBP's Data Protection Officer rectifies the known inaccurate data and allocates the payment to the right code and recipient.
If they refuse they must reply and explain why, and then the data subject will complain to the Information Commissioner's Office about refusal to rectify inaccurate data.
The failed POPLA appellant sends the SAME sort of Rectification Notice under the GDPR to Britannia, only adding the PCN number so they can identify the case easily, and changing the wording to make sense (i.e. obviously remove the bit asking PBP to reallocate the money!).
You both then wait for replies.
Both companies MUST surely have a data concerns/privacy page on their websites with contact details, send the RNs there, ideally by email, and keep copies. Don't just post a random letter Royal Mail to any old address, look at their Privacy policy page.
The idea is to leave Britannia with no legitimate interest to pursue the charge, as they have to rectify data that's known to be inaccurate, and they cannot merely sue someone as 'punishment' for an error that they were told about, and were required to correct at no cost, way back!
The final step will be an ICO complaint. Don't ask what the ICO is (explained above).
Search the forum for RECTIFICATION NOTICE and read some done recently.
Thanks Coupon-mad for your help,
I have drafted the following from a recent example and was hoping you could read over before I send to Britannia and PaybyPhone.0 -
Hi,
Thank you for all the help so far. I issued the Ratification Notice to Britannia and PaybyPhone's Data Protection Teams via email as suggested. I've not yet had a response from PBP, however, after a phone call from and Advisor at BW Legal yesterday (chasing payment of £160), I swiftly received a reply from Britannia's DPA Team:
Dear XXX,
Unfortunately your understanding of when we must correct inaccurate data is not correct.
We must correct inaccurate personal data. Pay By Phone location codes are not personal data and GDPR cannot be used to correct your error by selecting the wrong location code. It is your responsibility to ensure that your payment for parking is made against the correct location code.
If you pay for the wrong location you have not paid for your parking with the correct parking company and we will not be in receipt of these funds. Therefore what you are asking us to do is in fact impossible, as we cannot access the data or payment made to the company which received the funds.
For lack of a better example, it is like taking goods from Tesco but paying for them in Asda. Asda would not credit the monies to Tesco as it would be the customers fault for making payment to the wrong shop.
Also the car parks are in two completely different locations, so I do not understand how you manage to pay for the wrong location. The signage in our car park clearly advertises our location code on the side of the machines, which has always been 59902. I have enclosed two pictures, one from 2017 and one from October 2018 which shows the same Pay By Phone sticker on the machine.
Pay By Phones UK PayByPhone Terms and Conditions, section A.5.4 advises the following:
A.5.4 User Error
We accept no liability for any loss or costs you incur as a result of you providing us with, or inputting the incorrect or inaccurate information required for use of a Facility (e.g. length of parking session required) or for using the Facility incorrectly or contrary to the terms of the Facility.
If you chose to search for the location code yourself, rather than referring to the Pay By Phone signage in the car park, then that is your fault not Britannia’s or Pay By Phones as the location descriptions are completely different. It was your responsibility to ensure your selected the correct one. I tested this myself on the app on my phone.
Our signage clearly states “New Bridge Street West”, which matches the description location on Pay By Phone.
Location code 8100 is not a Britannia code, therefore we cannot see and we are not allowed to have access to the transactions made to other Companies, as this would be a breach of GDPR.
I have checked the personal data we hold on you and it is accurate, therefore we will be continuing with our Legal Case and we will continue to process your data.
I can confirm that no GDRP breach has occurred or any Consumer Law broken.
If you would like to resolve this Parking Charge Notice to will need to contact BW Legal.
Regards
Amey Richardson
Compliance Manager
I'm now wondering if I still have grounds to fight this??
Thank You0 -
I'm now wondering if I still have grounds to fight this??
LOL, seriously? How are people constantly so easily impressed by parking company drivel replies?
What did you think they'd say?!
Clearly they were going to refuse, and that's why you can now report them inline to the ICO, using their 'data concern' complaint form.
Do the same about PaybyPhone when they reply (a separate complaint per company once each refuses rectification). It's not ratification...PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »LOL, seriously? How are people constantly so easily impressed by parking company drivel replies?
What did you think they'd say?!
Clearly they were going to refuse, and that's why you can now report them inline to the ICO, using their 'data concern' complaint form.
Do the same about PaybyPhone when they reply (a separate complaint per company once each refuses rectification). It's not ratification...
Thank you Coupon-mad for all your help.
3 phone calls in 3 days, saying they want to help me and then they demand money!!0 -
Block their number. That is harassment; all part of the scam.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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