Free Traffic Legal Advice

[Your Name]
[Your Address]
[Date]

Euro Car Parks Ltd
[Their Address]

Subject: Formal Complaint – Unlawful DVLA Data Request and Breach of GDPR and KADOE Contract

Dear Sir/Madam,

I am writing to formally lodge a complaint regarding the Parking Charge Notice (PCN) [Insert PCN reference], issued to me as the registered keeper of a vehicle in relation to an alleged contravention on [date of alleged contravention] at [Insert Car Park Location].

This PCN was issued based on ANPR evidence that misrepresents the facts due to a "double-dip" error. The driver made two separate visits to the location on the day in question: one at [time of first entry] and another at [time of second entry]. Your system erroneously treated these two separate visits as a single continuous stay.

Failure to Comply with BPA/IPC Private Parking Single Code of Practice (PPSCoP)

Under Section 7.3(d) of the PPSCoP which clearly states:

"Photographic evidence must not be used by a parking operator as the basis for issuing a parking charge unless:  images generated by ANPR or CCTV have been subject to a manual quality control check, including the accuracy of the timestamp and the risk of keying errors."

Additionally, Note 1 states:

"The manual quality control check for remote ANPR and CCTV systems is particularly important for detecting issues such as “double dipping”, where image camera systems might have failed to accurately record each instance when a vehicle enters and leaves controlled land, and for checking images that might have been taken other than by a trained parking attendant (see Clause 15)."

In this case, the required manual quality control checks were clearly not performed. The ANPR system has recorded the images of the vehicle's first exit and second entry, but your operator has failed to apply these "orphan images" to the vehicle's registration, resulting in a misleading assumption of continuous parking. This failure to perform the necessary manual checks violates the PPSCoP which means that the PCN has been issued incorrectly and is not valid.

As the PPSCoP requires, I request you provide evidence of the quality check performed before issuing the PCN, including the name of the individual responsible for verifying the ANPR data. The absence of proper checks means you did not have Reasonable Cause to issue the PCN.

Unlawful Request for Keeper Data

Because of these failures, you did not have Reasonable Cause to request my data from the DVLA, constituting a breach of the KADOE contract. You accessed my personal information unlawfully, and I will be making a formal complaint to the DVLA.

Furthermore, I reserve the right to take action for this GDPR breach under the Data Protection Act 2018, as the unlawful request for my personal data was not justified.

Conclusion

Please confirm that this Parking Charge Notice will be cancelled, and provide a formal response to this complaint, detailing how the "double-dip" error occurred and how your team will rectify such failures in the future. This formal response is essential as I will also be escalating the matter to the BPA.

Yours faithfully,

[Your Name]
Registered Keeper of the Vehicle