Free Traffic Legal Advice

LETTER OF CLAIM

Data Protection Act 2018 / UK GDPR – Unlawful obtaining and processing of personal data

Dear Sir or Madam,

I write to give you formal notice under the Pre-Action Protocol for Media and Data Protection Claims of my intention to bring proceedings against Smart Parking Ltd for breaches of the Data Protection Act 2018 and the UK General Data Protection Regulation (“UK GDPR”).

1. Background
You have twice obtained my personal data from the Driver and Vehicle Licensing Agency (DVLA) and issued Parking Charge Notices in respect of a vehicle parked on Kirpal Road, Portsmouth, which is an adopted public highway maintained by Portsmouth City Council. The land is not private, is not a car park, and is therefore not “relevant land” for the purposes of Schedule 4 to the Protection of Freedoms Act 2012.

Your ANPR camera merely captured my vehicle driving on a public road. There is no lawful basis for you to have requested or processed my keeper data, nor to have asserted the existence of any contract, parking contravention, or debt.

2. Breaches alleged
Smart Parking Ltd has:

• obtained my DVLA keeper data without reasonable cause, in breach of the DVLA KADOE contract;
• processed and retained that data without any lawful basis under Article 6(1) UK GDPR;
• misrepresented a public highway as “private land” to justify that processing; and
• caused distress, wasted time and anxiety in having to rebut baseless notices and gather council evidence.

These acts amount to infringements of the UK GDPR, including Articles 5(1)(a)–(c) (lawfulness, fairness, purpose limitation and data minimisation) and Article 6(1) (lawful basis). Under section 168 Data Protection Act 2018, I am therefore entitled to compensation for both material and non-material damage arising from those infringements.

Your conduct constitutes a clear breach of the Data Protection Act 2018 §.168(1) and UK GDPR Articles 5(1)(a)–(c) and 6(1).

3. Required remedies
I require:

1. A written admission and formal apology for the unlawful acquisition and processing of my data;
2. Immediate deletion of all personal data obtained in relation to both PCNs and confirmation that it has not been shared with any third party;
3. A compensatory payment of £500 for each unlawful data acquisition, totalling £1,000, reflecting distress, wasted time and aggravating circumstances.

4. Future conduct
If you fail to provide a satisfactory response within 14 days of this letter, I will file a claim in the County Court for damages under the Data Protection Act 2018 §.168 and costs pursuant to CPR 27.14(2)(g).

If Smart Parking Ltd continues to process or disclose my personal data in relation to these incidents, including but not limited to disclosure to any third-party debt collection agency, or if you fail to delete and confirm deletion of my data within 14 days of this letter, I will treat that conduct as a continuing and aggravated breach. In those circumstances I will increase the compensation sought to reflect aggravated distress, additional loss of time, and any further misuse of my data, and I reserve the right to seek an uplifted sum in court. For clarity, the initial compensation sought in this letter is £1,000; continued or repeated unlawful processing and/or onward disclosure will substantially increase the quantum claimed.

I require all correspondence to be sent to the address shown above and a substantive reply by [insert date 14 days from issue].

Yours faithfully,

[Your name]