You should not have to jump through hoops to fix ParkingEye’s mistake when you’re neither the keeper nor the driver of the vehicle in question. As ParkingEye is unlawfully processing your personal data and repeatedly failing to address the issue, a GDPR claim under the Data Protection Act 2018 (DPA) is entirely justified.
These are the grounds for a compensation claim under the GDPR:
• Unlawful Data Processing – ParkingEye has no lawful basis to access your personal data for a vehicle that isn't yours. The charges result from an ANPR error, which ParkingEye has failed to rectify.
• Failure to Exercise Reasonable Care – The repeated issuing of incorrect PCNs suggests negligence in maintaining their ANPR system and failing to comply with the BPA/IPC Private Parking Single Code of Practice, section 7.3(d).
• Data Protection Breach – ParkingEye continues to process your data without justification, which constitutes a violation of Article 6 of the UK GDPR.
Before issuing a formal Letter Before Claim (LBC), I suggest you issue them a Pre-LBC Notice with a demand that ParkingEye issues a cease and desist order within their system to prevent your personal data from being used again for future parking charges.
You should also demand immediate removal of your data from their system in connection to the misidentified vehicle. A formal confirmation letter from ParkingEye that they’ve done this and a flag in their system to prevent any future PCNs from being sent to you.
Under UK GDPR Article 21, you have the right to object to the processing of your personal data when it is inaccurate or unlawful. You can assert this right and demand they cease processing your data unless they have a lawful basis (which they don’t in this case).
Here is a suggested Pre-LBC demand letter:
ParkingEye Ltd
Legal Department
40 Eaton Avenue
Buckshaw Village
Chorley
PR7 7NA
Subject: Pre-Legal Notice – Unlawful Processing of Personal Data and Demand for Immediate Remedial Action
Reference: Incorrect Parking Charge Notices Issued Due to ANPR Misidentification
Dear Sir/Madam,
I am writing to you in relation to multiple incorrect Parking Charge Notices (PCNs) that your company has issued to me as a result of a fundamental error in your ANPR (Automatic Number Plate Recognition) system. It is evident that your system is repeatedly misidentifying my vehicle registration plate, confusing it with another vehicle of a completely different make, model, and colour.
To date, I have successfully appealed two of these incorrect PCNs, which your company subsequently cancelled. However, despite the clear and established evidence of an ANPR misread, I have now received a third incorrect PCN from Parkingeye. This demonstrates a failure on your part to address the root cause of the issue and to ensure that your ANPR system operates accurately and within the bounds of the law.
It is unacceptable that I am repeatedly forced to spend my time addressing these incorrect charges due to your failure to maintain an accurate and compliant ANPR system. The continued issuance of PCNs to me in these circumstances constitutes a breach of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).
1. Grounds for Complaint: Your company is unlawfully processing my personal data under Article 6 of the UK GDPR. You have accessed my data via the DVLA under the terms of your KADOE contract without a lawful basis, given that the vehicle in question is not mine, and the PCNs issued are the result of a demonstrable ANPR error.
Your repeated failure to perform appropriate checks on the ANPR evidence constitutes a breach of Section 7.3(d) of the new Private Parking Single Code of Practice (PPSCoP) issued in October 2024, which states:
7.3. Use of photographic evidence
Photographic evidence must not be used by a parking operator as the basis for issuing a parking charge unless:
d) 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.
Your failure to comply with this requirement, resulting in repeated misidentification and incorrect PCNs, renders your requests for my data from the DVLA unlawful, as it violates the terms of your KADOE contract with the DVLA.
2. Required Remedial Actions: To prevent any further unlawful processing of my data and to resolve this matter without recourse to legal action, I demand that ParkingEye undertakes the following actions:
1. Cease and desist from processing my personal data in relation to the misidentified vehicle registration number. This includes the immediate removal of my details from your system with respect to any future PCNs associated with the incorrect registration.
2. Provide a formal written confirmation that my personal data has been removed from your system and that no further PCNs will be issued to me in relation to this matter.
3. Conduct a full review and rectification of your ANPR system, identifying and correcting any faults that have caused this repeated misidentification.
4. Submit a data suppression request to the DVLA to ensure that my details cannot be accessed again through the KADOE system in relation to the misidentified vehicle.
5. Provide a formal written apology acknowledging your error and the distress and inconvenience caused by your repeated issuance of incorrect PCNs.
6. Offer compensation for the distress and inconvenience caused by your unlawful processing of my data. I suggest a sum of £500 as reasonable compensation in line with the precedent set in Vidall-Hall v Google Inc [2015].
3. Formal Complaint: This letter is to be treated as a formal complaint regarding your conduct and your handling of my personal data. If this matter is not resolved to my satisfaction, I will escalate the complaint to the British Parking Association (BPA). In addition, I reserve the right to file a county court claim for damages and compensation arising from your unlawful processing of my data.
4. Warning of Further Action: If you fail to provide a satisfactory response to this notice within 14 days of receipt, I will have no choice but to escalate this matter by:
1. Filing a formal complaint with the Information Commissioner's Office (ICO) regarding your unlawful processing of my data.
2. Issuing a claim in the Small Claims Court under the Data Protection Act 2018 for damages arising from your breaches of the UK GDPR.
Furthermore, please be advised that regardless of your response, I will be making a formal complaint to the DVLA regarding your unlawful requests for my personal data. Your repeated breaches of Section 7.3(d) of the new PPSCoP demonstrate that your access to DVLA data is not compliant with the requirements of your KADOE contract, and I will be requesting that the DVLA take enforcement action against ParkingEye for these breaches.
I demand that you take this matter seriously and implement the necessary corrective actions without delay. Please provide your written response to this notice within the specified timeframe.
Yours faithfully,
[Your Name]
[PCN numbers for reference]
Before you initiate court proceedings, send ParkingEye and the landowner a formal Letter Before Claim (LBC). This is a legal requirement under the Pre-Action Protocol for GDPR claims.
You should include the following in your LBC:
• Your Details: Full name, address, and contact details.
• Their Details: ParkingEye’s registered address and the landowner’s contact details.
• Details of the Breach:
• Explain that they have unlawfully processed your personal data.
• Detail the incorrect PCNs and Parkingeye’s failure to investigate.
• Highlight that they have no lawful basis to access your DVLA data for a vehicle you don’t own.
• Remedy Sought:
• Immediate cessation of unlawful data processing.
• Full deletion of your personal data related to this matter.
• Compensation for distress caused by repeated data breaches.
Sample Compensation Amount:
You can claim £250 to £500 for distress and inconvenience caused by their misuse of your personal data, in line with Vidall-Hall v Google Inc [2015].
You should also escalate this to the Information Commissionaires Office (ICO). The ICO can issue fines and take enforcement action against Parkingeye for breaching data protection laws.
Go to
. Provide evidence of the incorrect PCNs and ParkingEye’s refusal to resolve the issue.
If ParkingEye ignores your Letter Before Claim, you can then file a claim via the Money Claim Online service. It would cost £35 if your claim is under £500. You can recover this fee as part of your compensation if you win.
You would have to emphasise the following in your claim:
1. Unlawful Data Processing – Parkingeye accessed your personal data without justification.
2. Negligent Maintenance of ANPR – Their ANPR system failed to distinguish between two different vehicles.
3. Failure to Address the Issue – Parkingeye repeatedly failed to investigate your appeal properly, causing ongoing distress.
So, try and find the details of the landowner. Include the landowner in the Pre-LBC and the LBC pointing out that they are jointly and severally liable for the actions of their agent.
