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  • FIRST POST
    • adamcookie
    • By adamcookie 10th Aug 18, 12:31 AM
    • 6Posts
    • 0Thanks
    adamcookie
    Napier Parking Privacy Policy and Terms and Conditions
    • #1
    • 10th Aug 18, 12:31 AM
    Napier Parking Privacy Policy and Terms and Conditions 10th Aug 18 at 12:31 AM
    I recently got a 'Fixed charge notice' from Napier Parking for 60.

    However upon visiting their site I noticed they are collecting payment information and personal information without a valid privacy policy regarding it. You can view a copy on their page under 'Privacy Notices'

    The 'Privacy & Cookies' link at the button just seems to load the home page, which again seems to be incorrect.

    The only excerpt I can see in their privacy policy regarding use of the website is: "Your personal data is being obtained, retained and processed, depending on the category of user
    you are of our site."

    This seems far to vague for a website collecting the following:
    • Name
    • Address
    • Vechicle Registration
    • Payment information
    • Email
    • IP address (Assumed in logs)
    • Details of appeals

    Another issue I have is that they are setting Google Analytics cookies without a Cookie consent and their is no mention of cookies at all in their privacy policy. This means they are transmitting users information to Google without even informing them of this taking place. Google analytics can store and collect a lot of personal information. Most sites now have at least a banner telling you that cookies are being set and what they are being set for. This is often refereed to as "EU cookie law".

    It seems absurd that a company that issues 'Fixed Charge Notices' is unable to follow basic EU and UK law.

    I will not pay a Fixed Charge Notice to a company that does not provide a valid Privacy Policy in respect to how they process personal or payment information. It looks as if the Privacy Policy is homemade and not created by a competent lawyer.

    I'm unsure what is going on with their Terms and Conditions: "Napier Parking reserves the right, in its sole discretion, to terminate your access to the Napier Parking Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Napier Parking Web Site. "

    "Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement."

    The IP of their site is 217.160.0.228, which is 1&1 hosting, which is in Germany so again another massive issue with incorrect terms and conditions.

    Who knew that Napier Parking operated under U.S.A law regarding access to their website. That means that they are admitting to transmitting personal information internationally outside of the EU. I'm not sure is the case but looks like an auto generated terms and conditions that isn't applicable to them.

    Looking forward to presenting a copy of their sites Terms and Conditions and Privacy Policy in court!
Page 1
    • Umkomaas
    • By Umkomaas 10th Aug 18, 8:25 AM
    • 20,522 Posts
    • 32,440 Thanks
    Umkomaas
    • #2
    • 10th Aug 18, 8:25 AM
    • #2
    • 10th Aug 18, 8:25 AM
    Yes. Thanks for that. Are you looking for help with a parking ticket, or are you just pushing this out 'for information'?

    While it might be an important issue, it won't have any direct impact on fighting a private parking ticket.

    Have you taken this up with the DVLA and Information Commissioner's Office, as I think they may be more appropriately lined up to deal with it?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • adamcookie
    • By adamcookie 10th Aug 18, 10:55 AM
    • 6 Posts
    • 0 Thanks
    adamcookie
    • #3
    • 10th Aug 18, 10:55 AM
    • #3
    • 10th Aug 18, 10:55 AM
    I've read the newbie guide so far and issued the template letter online so waiting for that to be rejected.

    Is it worth putting in my final appeal about the privacy policy and terms & conditions? "Napier's website is governed by the laws of Washington, U.S.A. Their terms and conditions state I must seek action against them in Washington which is unfeasible" !!!128521;

    I'll contact the ICO and DVLA today about it, it is concerning that this site is allowed to collect payment info.

    Is there an easy way to find a copy of the contract they might allege I've entered into in court?
    • Umkomaas
    • By Umkomaas 10th Aug 18, 11:09 AM
    • 20,522 Posts
    • 32,440 Thanks
    Umkomaas
    • #4
    • 10th Aug 18, 11:09 AM
    • #4
    • 10th Aug 18, 11:09 AM
    Is it worth putting in my final appeal about the privacy policy and terms & conditions?
    Which 'final appeal' is that? You're not thinking of appealing to the IAS are you? Have you read the NEWBIES FAQ sticky, post #3 about the IAS?

    Is there an easy way to find a copy of the contract they might allege I've entered into in court?
    The purported contract between you and the PPC is the signage displayed around the car park used. Where possible we always advise you go and take photos of the signage - make sure all the small print can be read, the location of the signs in the car park (sketch it out in addition), and a photo of the car park entrance which should be displaying a very specific parking sign.

    You're a bit previous in contemplating court at this stage. Napier dabble a bit with court, but are not uber-litigious.

    http://www.parkingappeals.info/companydata/Napier_Parking.html
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • adamcookie
    • By adamcookie 10th Aug 18, 12:38 PM
    • 6 Posts
    • 0 Thanks
    adamcookie
    • #5
    • 10th Aug 18, 12:38 PM
    • #5
    • 10th Aug 18, 12:38 PM
    Thanks for all the info on this and the site you sent. I read a bit about using POPLA instead IAS, and that IAS is considered far worse. I'll keep reading and looking around at other examples on the site. So much content to get through!
    • Quentin
    • By Quentin 10th Aug 18, 12:57 PM
    • 37,988 Posts
    • 22,099 Thanks
    Quentin
    • #6
    • 10th Aug 18, 12:57 PM
    • #6
    • 10th Aug 18, 12:57 PM
    You may have misunderstood

    Napier are an IPC company

    You don't get to go to Popla!
    • adamcookie
    • By adamcookie 10th Aug 18, 2:13 PM
    • 6 Posts
    • 0 Thanks
    adamcookie
    • #7
    • 10th Aug 18, 2:13 PM
    • #7
    • 10th Aug 18, 2:13 PM
    Alright I guess I'll wait for the debt collector letters or court claim.

    Will file an ICO complaint against them if they transfer my data to a debt collector as they don't have a legitimate privacy policy in place to do so.
    • nosferatu1001
    • By nosferatu1001 10th Aug 18, 2:34 PM
    • 4,114 Posts
    • 4,987 Thanks
    nosferatu1001
    • #8
    • 10th Aug 18, 2:34 PM
    • #8
    • 10th Aug 18, 2:34 PM
    Yeah, theyre allowed to using their KADOE agreement theyre the data controller.
    You didnt give them your data through any permission. They have "reasonable cause" to access it.
    • adamcookie
    • By adamcookie 10th Aug 18, 2:41 PM
    • 6 Posts
    • 0 Thanks
    adamcookie
    • #9
    • 10th Aug 18, 2:41 PM
    • #9
    • 10th Aug 18, 2:41 PM
    Yeah, theyre allowed to using their KADOE agreement theyre the data controller.
    You didnt give them your data through any permission. They have "reasonable cause" to access it.
    Originally posted by nosferatu1001
    Does the KADOE agreement apply to data collected on their website? Including that by Google analytics.
    • KeithP
    • By KeithP 10th Aug 18, 2:50 PM
    • 11,225 Posts
    • 11,790 Thanks
    KeithP
    The KADOE agreement only applies to date supplied by the DVLA.
    .
    • nosferatu1001
    • By nosferatu1001 10th Aug 18, 2:52 PM
    • 4,114 Posts
    • 4,987 Thanks
    nosferatu1001
    Does the KADOE agreement apply to data collected on their website? Including that by Google analytics.
    Originally posted by adamcookie
    The data passed to a debt colelcotr is going to be the DVLA data, in the main. They dont complicate it by including anything else.

    The ICO wont give two figs about your complaint.
    • adamcookie
    • By adamcookie 13th Aug 18, 11:47 AM
    • 6 Posts
    • 0 Thanks
    adamcookie
    The website has been updated somewhat:
    - They have removed all references to the USA in their terms and conditions. The terms and conditions also seem to have changed a lot.
    - They have added a 'Cookie policy' with reference to Google Analytics.
    - A cookie bar has been added.

    They haven't changed their privacy policy as of yet and it doesn't state in their privacy policy how they process the data they collect from the input or payment forms.

    This could potentially have some serious ramifications for Napier Parking by allowing people who paid online or submitted appeals using their panel without a valid privacy policy, valid terms and conditions or cookie notice & bar in place, especially since the 25th of May when the GDPR came into force.
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