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Help - Parkingeye confusion
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Poppyonetwo
Posts: 5 Forumite
I have appealed to Parkingeye for an invoice issued at a retail park in Huddersfield. I used the template from the newbies thread relating to BPA members and have received some confusing replies. 1st reply
said that I had an appeal made on my behalf and they needed my permission to accept it. This wasn't the case so I responded by post asking them to review the appeal I had sent to them. 2nd reply is below and I'm stumped how to handle it, not clear if they are refusing my request for a POPLA code or the use of my data ? It also reads as if they could still be considering my appeal although I don't want to do nothing just in case. Any help gratefully received
Thank you for your correspondence received in relation to the above referenced Parking Charge. Firstly, we wish to confirm that our previous correspondence of 19 October 2017 was sent in error, and we apologise for any confusion as a result.
It is ParkingEye’s position that this Parking Charge has been issued correctly pursuant to the Protection of Freedoms Act 2012 and that we had reasonable cause to request the Registered Keeper’s details from the DVLA following a breach of the terms and conditions of parking in operation on site. For your information, ParkingEye is authorised by the ICO to collect and process data for the purpose of car park management.
In respect of your request that we cease processing your data, we note that the right of an individual to request that processing of their personal data ceases only applies if continuing to process causes unwarranted and substantial damage or distress. In this regard, based upon the information you have provided, we do not consider that the continued processing of your personal data would cause unwarranted and substantial damage or distress.
Whilst the Data Protection Act does not define what is meant by unwarranted and substantial damage or distress, in most cases [FONT=Arial,Arial][FONT=Arial,Arial]"substantial damage would be financial loss or physical harm; and substantial distress would be a level of upset, or emotional or mental pain, that goes beyond annoyance […]". [/FONT][/FONT]For further information about the above guidance from the ICO, please refer to
We also note that you have submitted an appeal to this Parking Charge, and that this necessitates continued processing. We therefore wish to confirm that we have rejected your request.
Yours sincerely,
Legal Services
said that I had an appeal made on my behalf and they needed my permission to accept it. This wasn't the case so I responded by post asking them to review the appeal I had sent to them. 2nd reply is below and I'm stumped how to handle it, not clear if they are refusing my request for a POPLA code or the use of my data ? It also reads as if they could still be considering my appeal although I don't want to do nothing just in case. Any help gratefully received
Thank you for your correspondence received in relation to the above referenced Parking Charge. Firstly, we wish to confirm that our previous correspondence of 19 October 2017 was sent in error, and we apologise for any confusion as a result.
It is ParkingEye’s position that this Parking Charge has been issued correctly pursuant to the Protection of Freedoms Act 2012 and that we had reasonable cause to request the Registered Keeper’s details from the DVLA following a breach of the terms and conditions of parking in operation on site. For your information, ParkingEye is authorised by the ICO to collect and process data for the purpose of car park management.
In respect of your request that we cease processing your data, we note that the right of an individual to request that processing of their personal data ceases only applies if continuing to process causes unwarranted and substantial damage or distress. In this regard, based upon the information you have provided, we do not consider that the continued processing of your personal data would cause unwarranted and substantial damage or distress.
Whilst the Data Protection Act does not define what is meant by unwarranted and substantial damage or distress, in most cases [FONT=Arial,Arial][FONT=Arial,Arial]"substantial damage would be financial loss or physical harm; and substantial distress would be a level of upset, or emotional or mental pain, that goes beyond annoyance […]". [/FONT][/FONT]For further information about the above guidance from the ICO, please refer to
We also note that you have submitted an appeal to this Parking Charge, and that this necessitates continued processing. We therefore wish to confirm that we have rejected your request.
Yours sincerely,
Legal Services
0
Comments
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Await the outcome of your appeal.
This is a separate communication regarding their mistake regarding another appeal made on your behalf0 -
Hello, I've had my appeal to Parkingeye rejected so I've been sent a POPLA code along with a letter going through all the arguments that won't win an appeal. Looking at the thread on here I was going to go for either landowner permission or the registered keeper argument but it seems Parkingeye are on top of both of these. I really want to push on with this but obvs want to put forward the best argument. Any help would be appreciated. Thanks0
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The Newbies FAQ thread #3 covers popla appealing with links/templates etc.
Construct your appeal and post it here for comments before sending it0 -
Ok will do, thanks0
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just put ALL of the usual suspects from post #3 of the NEWBIES FAQ sticky thread into your popla appeal
NO LANDOWNER AUTHORITY
NO CONTRACT
POOR AND INADEQUATE SIGNAGE
NOT THE SAME AS BEAVIS
any NTK failures
any POFA2012 failures
any BPA CoP failures
etc0 -
Have you actually got any possible specific points in addition to the generic ones? And do you have any photos proving bad signage?0
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