Free Traffic Legal Advice

How about responding to Mrs Harris with the following:

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Dear Mrs Harris,

Re: Response to Your Letter Dated 16 September 2024 – Unlawful Acquisition of Personal Data by Smart Parking Ltd

Thank you for your letter dated 16 September 2024, regarding my complaint about the unlawful acquisition of my personal data by Smart Parking Ltd under the KADOE contract. While I appreciate your review of the matter, several critical issues remain unaddressed, and I would like to clarify the core concerns.

1. The Core Issue – Failure in Post-DVLA Data Processing by Smart Parking

The key issue here is not the initial request by Smart Parking for my personal data but their failure to verify that data once they received it from the DVLA. While Smart Parking may have had reasonable cause to request the data due to a misread of the vehicle registration number (VRM) by their ANPR system, the breach and unlawful use of my data occurred when they failed to compare the data they received with the actual vehicle captured in their ANPR images.

After receiving my details, Smart Parking had an obligation under section 21.5a(d) of the British Parking Association (BPA) Code of Practice (CoP) to check that the make, model, and colour of the vehicle in the DVLA data matched the vehicle identified in the ANPR image. This simple, compulsory check would have immediately revealed the mismatch, as the vehicle associated with my personal data was not the vehicle in the ANPR image. Smart Parking's failure to perform this check resulted in the wrongful issuance of a Parking Charge Notice (PCN) to me, of a vehicle I am not the registered keeper of and have never owned or driven.

This failure constitutes a breach of the BPA CoP and the KADOE contract. Had Smart Parking performed the required check, no PCN would have been issued, and I would not have been subjected to the distress and anxiety caused by their unlawful actions.

2. Concerns Over DVLA’s Revenue and Conflict of Interest

Another critical concern is the financial relationship between the DVLA and private parking companies like Smart Parking. In the financial year 2023/2024 alone, Smart Parking submitted 513,696 KADOE requests at £2.50 per request, generating significant revenue for the DVLA. Given this substantial income (from this relatively minor player), there is a concern that the DVLA may be prioritising revenue over its duty to safeguard individuals' personal data and ensure that private parking companies comply with their legal and contractual obligations.

This situation raises the question: Is the DVLA more concerned with protecting its income stream than upholding individuals' rights to privacy and ensuring that their data is only used lawfully? The fact that Smart Parking clearly failed to verify the data they received before issuing the PCN represents a serious breach of the KADOE contract and the BPA Code of Practice.

I would like to know what sanctions the DVLA intends to impose on Smart Parking for this failure. If no meaningful action is taken, this suggests a worrying lack of oversight and protection for the public in favour of protecting the DVLA's revenue sources.

3. Misrepresentation of the Parking Charge Notice (PCN) as a "Penalty"

Finally, I would like to correct an inaccuracy in your response. You referred to the charge issued by Smart Parking Ltd as a "penalty charge notice." This is incorrect. The notice I received was a Parking Charge Notice issued by an unregulated private parking company, not a statutory penalty issued by a public authority. Parking Charge Notices from private parking companies do not carry the same legal weight as penalties issued by local councils or government bodies. This misrepresentation is important and should be corrected in any future correspondence.

Conclusion

While the DVLA may have had reasonable cause to release my data to Smart Parking in the first instance, the key issue here is Smart Parking’s failure to verify that data after receiving it and then unlawfully using it. The DVLA now has a responsibility to investigate this breach of the KADOE contract and impose appropriate sanctions on Smart Parking for their failure to comply with the requirements for processing the data.

I look forward to your response and confirmation that the DVLA will take appropriate action to address this issue and prevent future breaches.

Yours sincerely,

Can you please show us the wording of your complaint to the DVLA.

Unlawful Releasing of Data.

Good Afternoon,

I am writing in relation to your recent releasing of my personal data to “Smart Parking Ltd” under the terms of the KADOE contract, on issuance of a PCN to my registration XK69 XXX from the aforementioned company dated 19th August 2024. I bring to your attention the following points:
Lack of Reasonable Cause: The vehicle captured in the ANPR image sent to me has a registration number XC59 XXX and is of a completely different make and model than my vehicle. I have never owned or driven the vehicle in question, nor have I ever visited the location stated in the PCN. This clearly indicates an error on your part in assessment of reasonable cause to release my personal information to Smart Parking Ltd.
Unlawful Release of Personal Data: Given your failure to enforce your terms or to assess reasonable cause, my data was released unlawfully and a breach of the Data Protection Act 2018 has occurred.
Misuse of Personal Data: As Smart Parking Ltd failed to Adhere to BPA Code of Practice, specifically section 21.5a(d), which mandates manual quality control checks of ANPR images, they have unlawfully processed my data and have sent me a predatory Parking Charge Notice due to your unlawful release of my personal data.
Distress and Anxiety: The actions of the DVLA have caused me significant distress and anxiety and I believe I am entitled to compensation for this.

I now demand that you:
- Immediately cease any further release of my personal data to any third parties, including but not limited to Smart Parking Ltd, as it is clear there is no enforcement of terms related to assessment of reasonable cause to release my data.
- Cancel Smart Parking Ltd’s KADOE contract due to their failure to adhere to BPA Code of Practice 21.5a(d).
- Compensate me for the distress and anxiety, specifically for damages under the Data Protection Act 2018.

Yours faithfully,

You can attach it to an email as a pdf if you have a valid email address for service. Also, you could print it and sent it by post with a free "proof of posting" certificate from any post office.

If sent by email, it is deemed given the date it is sent. If it sent by first class post, it is deemed given on the second working say after posting.

If you send by email, make sure that you include in the body of the email an instruction to whoever reads the email first that it has attached a legal document that should be passed to the relevant person or legal advisor for the company. The subject should be "IMPORTANT - Letter of Claim".

It’s not an appeal. You’ve nothing to appeal. They have obtained your personal data illegally.

Complain by email to their complaints email address. Warn them that they have breached your GDPR and if they refuse to cancel the PCN, you reserve the right to sue them for compensation under the Data Protection Act 2018 for any distress and anxiety this has caused you.

Tell them that you are making a complaint to the ICO and do so.

If they do not cancel, you report them to their ATA, the BPA.

I really don’t understand why you should have to spend time writing to these vermin and, as some have suggested, go out and find a post office so you can see them a complaint. You have nothing to appeal. Your personal data has been obtained illegally.

I suggest you email them a letter along the following lines as a pdf:

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Unlawful Obtaining of Personal Data and Incorrect Issuance of Parking Charge Notice

Dear Sirs,

I am writing in relation to Parking Charge Notice (PCN) reference [PCN Reference Number], issued to my vehicle registration number XK59XXX. I bring to your attention the following points:

1. Incorrect Issuance of PCN: The vehicle captured in your ANPR image has a registration number XK69XXX and is of a completely different make and model than my vehicle. I have never owned or driven the vehicle in question, nor have I ever visited the location stated in the PCN. This clearly indicates an error on your part in reading the ANPR image.

2. Failure to Adhere to BPA Code of Practice: As a member of the British Parking Association (BPA), you are required to comply with the BPA Code of Practice, specifically section 21.5a(d), which mandates manual quality control checks of ANPR images. It is apparent that you failed to perform these checks, leading to the incorrect issuance of the PCN.

3. Unlawful Acquisition of Personal Data: Given your failure to comply with the BPA Code of Practice, you were not entitled to obtain my personal data from the DVLA under the terms of the KADOE contract. Consequently, my personal data has been obtained unlawfully.

4. Distress and Anxiety: The actions of your company have caused me significant distress and anxiety and I believe I am entitled to compensation for this.

I now demand that you:

- Immediately cancel the PCN and confirm in writing that this has been done.

- Delete all personal data you have obtained unlawfully and confirm in writing that this has been done.

- Compensate me for the distress and anxiety caused by your unlawful actions.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, in addition to the formal complaint I have filed with the Information Commissioner's Office, I intend to take legal action in the County Court for damages under the Data Protection Act 2018.

I look forward to your prompt response.

Yours faithfully,

Additionally, you must inform the DVLA of Smart Parking's conduct and their misuse of your personal data. The DVLA has a responsibility to ensure that the data they provide is used lawfully and appropriately.

The DVLA is jointly and severally liable for the misuse of your personal data.

So, you are not appealing. You are complaining and are entitled to compensation.  Send the suggested letter and see what they come back with.

You write to them separately with a complaint about yourGDPR data breach. If they don’t respond, you can send them a Letter or Claim. Give them a tease of their own medicine.

Letter before County Court proceedings

Dear Sirs,
I have received your Parking Charge Notice (Ref: XXXXXXXXX) for vehicle registration mark XXXX XXX, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Furthermore, you have unlawfully obtained my personal data from The DVLA which, as a start, is in breach of your KADOE contract. I have never entered your car park and by failing to perform a manual quality control check on the ANPR photographic evidence, you are in breach of their AOS Code of Practice 22.2 which nullifies your KADOE contract. I intend to submit a record of this incident to the Information Commissioner's Office, DVLA and KADOE, as you have threatened a parking charge to the incorrect address and vehicle, failing to review that the car in your photo has the registration mark “XXXX XXX”, a BLUE FORD and you have sent your parking charge letter using the personal details unlawfully obtained for the registered keeper of the mark “XXXX XXX”, a BLACK AUDI, myself.

I am seeking £250 nominal damages and compensation under Article 12 of the UK GDPR and Section 168 of the Data Protection Act 2018 for your unlawful processing of my personal data. I am willing to accept a payment of £100 if a) the amount is settled within 14 days of the receipt of this letter and b) all of personal data and any copies are swiftly and permanently removed from your systems within the next 14 days. Please make a valid, current cheque payable to [my name] for the above amount. I intend to start County Court proceedings if this request is ignored, and you may be further liable to Court costs.

Yours,
[my name]