Parking ticket and GDPR

Parking ticket and GDPR

Author
Discussion

Richie Slow

Original Poster:

7,417 posts

111 months

Tuesday 22nd October
quotequote all
Hi all,

Sorry if this has been covered before......

Having received notification of a private parking company charge my employer appealed as this was incorrectly claimed. The vehicle was not actually parked, I was waiting for a delivery vehicle to move and unblock the road and was sat in the vehicle. The appeal was turned down and my employer passed my name and address on to the debt recovery agency claiming an elevated amount expressly without my permission.

What should me next step be?

Thanks for your help everyone.

Drumroll

1,530 posts

67 months

Tuesday 22nd October
quotequote all
Why do you think they have breached GDPR?

What does your contract state? and what have your company said about how they manage GDPR?

Durzel

7,938 posts

115 months

Tuesday 22nd October
quotequote all
I get the sense that one’s readiness to scream “GDPR” is inversely proportional to one’s understanding of it.

Countdown

24,770 posts

143 months

Tuesday 22nd October
quotequote all
Richie Slow said:
Hi all,

Sorry if this has been covered before......

Having received notification of a private parking company charge my employer appealed as this was incorrectly claimed. The vehicle was not actually parked, I was waiting for a delivery vehicle to move and unblock the road and was sat in the vehicle. The appeal was turned down and my employer passed my name and address on to the debt recovery agency claiming an elevated amount expressly without my permission.

What should me next step be?

Thanks for your help everyone.
How did you get a parking ticket from a PPC on a public road?

meatballs

479 posts

7 months

Tuesday 22nd October
quotequote all
Don't pay it, stating reasons why, let them issue court proceedings of they want. Then either pay up to avoid the hassle or defend.

Richie Slow

Original Poster:

7,417 posts

111 months

Tuesday 22nd October
quotequote all
Durzel said:
I get the sense that one’s readiness to scream “GDPR” is inversely proportional to one’s understanding of it.
Not exactly true but I am asking for advice here

Rasta Pickles

68 posts

5 months

Tuesday 22nd October
quotequote all
Drumroll said:
Why do you think they have breached GDPR?
Probably because his company have passed his personal details onto a private company?

It's one thing to do that when legally obliged to; in this case, his company should have told the other company to go forth and multiply.

They didn't and now they are in deep doo-doo if the OP chooses to pursue it.

meatballs

479 posts

7 months

Tuesday 22nd October
quotequote all
Rasta Pickles said:
Probably because his company have passed his personal details onto a private company?

It's one thing to do that when legally obliged to; in this case, his company should have told the other company to go forth and multiply.

They didn't and now they are in deep doo-doo if the OP chooses to pursue it.
Are they bks.

Parking company has a legitimate reason to request details. Company have provided the details. Nothing wrong with this.

Ziplobb

558 posts

231 months

Tuesday 22nd October
quotequote all
My son has recently served a SAR request to a well known PPC. Firstly they told him they could not comply with his request as they could not ID him. This is despite obtaining his details from DVLA, writing to him, passing his details to their debt collector who wrote and then putting the matter in the hands of their solicitor without having identified him. The solicitor is now at the Letter before Court stage. The PPC then voluntarily replied to his sar after refusing saying they had changed their policy. All they have sent is a copy of the parking ticket. There is nothing about how and when the data was received from the dvla and no copies of any correspondence with the debt collector or solicitor. It also does not include any of the emails he has sent them. His is of the mind that the SAR reply is incomplete and that they have failed in their duties under the GDPR regs. Would welcome and opinion on this.

Chris32345

344 posts

9 months

Tuesday 22nd October
quotequote all
Why do you think they have done anything wrong?
If the company had got. A speeding ticket while you were driving the works van do you not expect them to pass on your personal details the same?

Drumroll

1,530 posts

67 months

Tuesday 22nd October
quotequote all
Rasta Pickles said:
Drumroll said:
Why do you think they have breached GDPR?
Probably because his company have passed his personal details onto a private company?

It's one thing to do that when legally obliged to; in this case, his company should have told the other company to go forth and multiply.

They didn't and now they are in deep doo-doo if the OP chooses to pursue it.
Not necessarily, it all depends on his terms of employment and what the company policy is regarding GDPR

Countdown

24,770 posts

143 months

Tuesday 22nd October
quotequote all
Countdown said:
How did you get a parking ticket from a PPC on a public road?
whistle

964Cup

709 posts

184 months

Tuesday 22nd October
quotequote all
Ziplobb said:
My son has recently served a SAR request to a well known PPC. Firstly they told him they could not comply with his request as they could not ID him. This is despite obtaining his details from DVLA, writing to him, passing his details to their debt collector who wrote and then putting the matter in the hands of their solicitor without having identified him. The solicitor is now at the Letter before Court stage. The PPC then voluntarily replied to his sar after refusing saying they had changed their policy. All they have sent is a copy of the parking ticket. There is nothing about how and when the data was received from the dvla and no copies of any correspondence with the debt collector or solicitor. It also does not include any of the emails he has sent them. His is of the mind that the SAR reply is incomplete and that they have failed in their duties under the GDPR regs. Would welcome and opinion on this.
Assuming the SAR was correctly expressed, they are plainly in breach of their obligations under Article 15. Write to them, give them a reasonable period to comply by providing copies of all digital information and all structured paper information relevant to the data subject (as well as their lawful basis etc as set out in A15), and then report them to the ICO if they don't. Note also that if when they do comply it becomes apparent that they have information that was not obtained from your son, and which he did not already know they had, they will also be in breach of their Article 14 notification obligations.

This is, of course, not relevant to their case against you for non-payment, but your solicitor might be able to make a case that they are frustrating discovery.

Richie Slow

Original Poster:

7,417 posts

111 months

Tuesday 22nd October
quotequote all
Sorry I wasn't clear. It was a private shared road and I had legitimate grounds for being there

caziques

1,794 posts

115 months

Tuesday 22nd October
quotequote all
Chris32345 said:
Why do you think they have done anything wrong?
If the company had got. A speeding ticket while you were driving the works van do you not expect them to pass on your personal details the same?
Speeding tickets are a criminal matter, with criminal sanctions for breaking a law, ie a fine - police can demand information backed up with enforceable penalties.

Private parking tickets are not criminal, demands for money in these cases are not fines. Personal details should not be released to private individuals or companies without permission.

George Smiley

2,992 posts

28 months

Tuesday 22nd October
quotequote all
caziques said:
Speeding tickets are a criminal matter, with criminal sanctions for breaking a law, ie a fine - police can demand information backed up with enforceable penalties.

Private parking tickets are not criminal, demands for money in these cases are not fines. Personal details should not be released to private individuals or companies without permission.
It will be covered in two places
1. The companies data processing policy (the bit that states how they use your data)
2 if using company vehicle it's probably listed here (or point 1) that your information may be shared with 3rd parties in the case of parking fines


Richie Slow

Original Poster:

7,417 posts

111 months

Tuesday 22nd October
quotequote all
George Smiley said:
It will be covered in two places
1. The companies data processing policy (the bit that states how they use your data)
2 if using company vehicle it's probably listed here (or point 1) that your information may be shared with 3rd parties in the case of parking fines
Interesting to see you're still here and using yet another name Michael. biggrin

George Smiley

2,992 posts

28 months

Tuesday 22nd October
quotequote all
Strange response to advice Sheila

meatballs

479 posts

7 months

Tuesday 22nd October
quotequote all
caziques said:
Private parking tickets are not criminal, demands for money in these cases are not fines. Personal details should not be released to private individuals or companies without permission.
Not this.

https://ico.org.uk/for-organisations/guide-to-data...


Chromegrill

277 posts

33 months

Tuesday 22nd October
quotequote all
meatballs said:
Recently my car acquired a parking notice in a private carpark on the grounds with a note to say that it wasn't displaying a ticket. Well, it was very clearly doing so on the dashboard, only the muppet who applied the notice to the windscreen simply hadn't looked. Took a photo from outside the car showing the ticket (lying face up date and expiry time clearly showing) immediately under where on the windscreen the notice had been stuck, emailed in an appeal with the photo of the valid ticket and thought no more about it.

Until receiving the stroppy email reply some while later informing me that because I had failed to name the driver, the fine was being escalated and the DVLA would be contacted to identify the registered keeper.

I can't wait to hear the parking company's defense when this gets to court. Popcorn all round! But is it fair to expect me to have named the driver when I had incontrovertible evidence that no parking infringement had taken place? Was the ticket company right to demand that I break the law around data protection and inform them who had parked the car?