Parking ticket and GDPR
Discussion
My experience is far more concerned with being the registered keeper, rather than the driver but I'm aware of people who have successfully taken the PIC to court over data protection breaches a bit more reading here on that subject - https://www.parkingcowboys.co.uk/data-protection-a...
Private parking tickets are "legislated", in the loosest sense, under Protection of Freedoms Act 2012 - and there is a small provision within that that allows the keeper to identify the driver at any point prior to the commencement of legal action - para 5(2) of the top of my head...
This should reset the process though - a notice to driver should be issued to you giving you the opportunity to appeal again.
If the debt collectors were chasing the RK (your employers?) Then it isn't their right to start chasing you on the matter - they take instruction from their client, the PPC.
Who issued the ticket? And where? I'll likely have a similar or identical one on my fleet database to look at some other possible appeal points.
Some PPC are more litigious than others, some will just send it round various debt collectors.
Private parking tickets are "legislated", in the loosest sense, under Protection of Freedoms Act 2012 - and there is a small provision within that that allows the keeper to identify the driver at any point prior to the commencement of legal action - para 5(2) of the top of my head...
This should reset the process though - a notice to driver should be issued to you giving you the opportunity to appeal again.
If the debt collectors were chasing the RK (your employers?) Then it isn't their right to start chasing you on the matter - they take instruction from their client, the PPC.
Who issued the ticket? And where? I'll likely have a similar or identical one on my fleet database to look at some other possible appeal points.
Some PPC are more litigious than others, some will just send it round various debt collectors.
Chromegrill 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?
If you are not acting as an organisation then GDPR doesn't apply in this case.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?
If you replace "reasonable cause" with "legitimate interesst" below does that answer your question?
DVLA said:
You can ask for details of another vehicle’s registered keeper. You’ll need a ‘reasonable cause’, for example:
finding out who was responsible for an accident
tracing the registered keeper of an abandoned vehicle
tracing the registered keeper of a vehicle parked on private land
giving out parking tickets
giving out trespass charge notices
tracing people responsible for driving off without paying for goods and services
tracing people suspected of insurance fraud
It's not your place to judge the legal rights and wrongs of the parking company's case by avoiding it through GDPR. finding out who was responsible for an accident
tracing the registered keeper of an abandoned vehicle
tracing the registered keeper of a vehicle parked on private land
giving out parking tickets
giving out trespass charge notices
tracing people responsible for driving off without paying for goods and services
tracing people suspected of insurance fraud
Edited by meatballs on Tuesday 22 October 21:04
George Smiley said:
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 placesPrivate 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.
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
Countdown said:
Countdown said:
How did you get a parking ticket from a PPC on a public road?
Richie Slow said:
Sorry I wasn't clear. It was a private shared road and I had legitimate grounds for being there
I'm surprised countdown didn't work that one out. Usually mentioned when people stop around Liverpool Airport.Probably applies on many industrial estates now.
Below is what a truck looks like parked like a cock on a public road for 30 minutes waiting for another delivery driver to move.
Maybe one for the 'bad parking' thread, or is there a 'bad waiting' thread?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff