Free Traffic Legal Advice

Thank you! I have sent the letter by email today and will update you here about any response or let you know if I don't hear anything within 14 days.

Hope you have a great weekend!

I sent a postal copy as well with proof of posting but that was delayed with the snowy weekend, so I only got out to post that on 14th - so 14 days will be 28th.

Correspondence sent by post is assumed delivered 2 working days later - you may wish to allow for this in your 14 days, so as to seem reasonable.

Thank you, I posted on 14th, so 14 days plus 2 will be 30th. I will certainly wait for this, if not a bit longer to give them reasonable time to respond.

There was no server bounce back, but no automated response either, that's why I thought I'll cover myself by posting as well.

I'll give it a bit longer and then be back in touch.

Had a response from Parkingeye today...

Thank you for your correspondence received in relation to the above referenced Parking Charge. We have been passed this as we note you have raised a data query.

We can confirm that upon consideration of your correspondence and a review of the circumstances raised the Parking Charge has now been cancelled without undue delay and there is no outstanding payment due.

It is Parkingeye’s position that we had reasonable cause to request the Registered Keeper’s details from the DVLA following a breach of the terms and conditions of parking in operation on site at the time of the parking event. Unfortunately, a Parking Charge can be erroneously issued due to a number of factors outside of Parkingeye’s control, such as weather conditions, marking, tailgating by other motorists or high sided vehicles blocking the camera’s view, for example. We have implemented control measures prior to a Parking Charge being issued to mitigate instances like this so far as is reasonably practicable and we run a dedicated internal appeals team which is designed to identify where a genuine query is raised and subsequently enable us to deal with the Parking Charge accordingly.

We are therefore grateful for you bringing this matter to our attention and on this basis the Parking Charge has now been cancelled and there is no outstanding amount due from yourself.

We note that you have requested that your personal data be removed from our system, however as you have also advised that you may issue a claim against Parkingeye we are unable to complete this request at this time, as we require this information in order to defend any claim issued.

We would thefore be grateful if you could advise if you intend to issue a claim and we can act accordingly.


Claiming they had reasonable reason to request keepers details but no mention that their 'dedicated internal appeals team' did not identify that a genuine query was raised and continued to pursue me with a rejection/POPLA code with no reference to the contents of my appeal to them.

Would be most grateful for your further advice on how to respond.

Claiming they had reasonable reason to request keepers details but no mention that their 'dedicated internal appeals team' did not identify that a genuine query was raised and continued to pursue me with a rejection/POPLA code with no reference to the contents of my appeal to them.

This omission in their response is significant. ParkingEye acknowledges that an error occurred but refuses to accept that their internal processes failed at the appeals stage, where they had a second opportunity to prevent the unlawful processing from continuing. Their failure to acknowledge this means they have not addressed the ongoing breach after their initial "reasonable cause" claim.

You can leverage this failure in a final pre-action response before proceeding with a claim. Send the following to ParkingEye:

Subject: Re: Formal Complaint and Letter of Claim – Parking Charge Cancellation & Compensation Demand

Dear ParkingEye,

I acknowledge receipt of your response confirming the cancellation of the Parking Charge Notice (PCN). However, your letter fails to address my primary concerns, particularly your company’s failure to act upon a genuine and reasonable appeal at the first opportunity.

Key Issues You Have Not Addressed

1. Your internal appeals process failed to identify a clear misidentification.

• Despite overwhelming evidence that my vehicle was not involved in the alleged parking event, your "dedicated internal appeals team" rejected my appeal without addressing my points or the evidence I submitted.

• You not only failed to correct the error but also forced me to escalate the matter to POPLA, causing unnecessary distress, inconvenience, and time loss.

2. Unlawful processing of my personal data continued beyond the initial request to the DVLA.

• Even if you claim "reasonable cause" for requesting my details, your refusal to cancel the PCN at the appeals stage means you continued to process my data unlawfully.

• The BPA/IPC Private Parking Single Code of Practice (October 2024) mandates that all ANPR-generated charges undergo manual checks for accuracy before being pursued. Your rejection of my appeal proves that this did not happen, compounding your breach of UK GDPR and the Data Protection Act 2018.

3. Failure to acknowledge your breach of duty in handling appeals.

• Your response attempts to shift blame onto external factors, such as weather conditions or tailgating vehicles, but this does not justify your failure to correct the error upon receiving a clear and valid appeal.

• Your response also omits any acknowledgment of the unnecessary escalation to POPLA, further causing me distress and inconvenience.

Final Demand Before Legal Action

In light of your continued failure to take responsibility for this data breach, I reiterate my demand for:

• A formal written apology acknowledging the inadequacy of your appeal handling.

• £500 in compensation for distress and inconvenience, as outlined in Vidal-Hall v Google Inc (2015).

If I do not receive a satisfactory response within 14 days, I will proceed with:

1. Issuing a County Court claim for damages under UK GDPR Article 82 and the Data Protection Act 2018.

2. Filing a formal complaint with the Information Commissioner's Office (ICO) regarding your failure to process data lawfully.

3. Escalating a complaint to the British Parking Association (BPA) and DVLA regarding your breach of the KADOE contract and non-compliance with the PPSCoP.

I trust you will take this opportunity to resolve the matter before litigation becomes necessary.

Yours sincerely,

[Your Name]

This challenges their "reasonable cause" defence by shifting focus to the appeals stage. It also emphasises their failure to act responsibly upon appeal, showing that their system is flawed. It forces them to acknowledge their breach instead of deflecting blame and gives them a clear final opportunity to settle before you issue a claim.

If they do not comply within 14 days, proceed with the County Court claim. Happy to advise.

did you provide them with an image of your vehicle to compare to the image they sent you?

I didn't think I needed to as both previous PCNs were cancelled based on the evidence I provided. Granted PE's images were in the dark and the colour was not clear but you can clearly see the badge is not the same make as the one they have stated on their PCN. I did also provide a PDF of the previous PCN taken in full colour showing their car and telling them my car is a different colour (also verifiable for free on the DVLA website)

What is it you are trying to achieve here?

I have now achieved the desired outcome of cancelling but after a long drawn out process (helpfully aided by kind and legally competent forum members) but this was completely unnecessary if the PE appeals process were fit for purpose.

I suppose I don't just want to let it go and for PE to be able to get away with carrying on getting away with this...especially with people who may be more vulnerable and wouldn't know how to go about fighting back. I'd love to help in forcing them to have to change their appeals practices for the better.

As I understand it you can only claim for losses incurred as a result of Parkingeye's behaviour?
 

I understand from b789 that there is a precedent for claiming for distress and inconvenience caused? (which indeed there has been!)

Parkingeye accessed your details in accordance with the KADOE agreement with the DVLA so no breach there (they could reasonably argue they didn't know the make and model at the time of the request to the DVLA, I'm not even sure the DVLA provides that information along with the keeper details). It's often not possible to even see the vehicle make & colour in ANPR images as they can be black and white or if at night all you get is the plate in the image, everything else is black. I don't think there is any requirement in the COP to confirm make and model match the plate, worth checking though as I could be wrong.

The badge is certainly visible if you look for it but I do accept that it might not have been be obvious when sending out the initial PCN, but I don't think they have any excuse for not being able to identify this when looking at the evidence provided in my appeal.

However, the most damning thing is that their rejection of my appeal made no mention of any of the points I raised. If they had come back with You have not provided sufficient evidence that this is not your car so please do this via POPLA, then that may have been more acceptable. They just said something along the lines of Our signage and terms and conditions are made clear so we are not cancelling the charge without any reference to my appeal at all.

Your claim and motivation could be construed as frivolous and that might bite you if you do pursue it. 

I did understand that nothing is guaranteed as this is a free advice forum. If biting me means that I might lose my £50 court fee then I can stomach that if it makes things difficult for PE, and might make things better for those who aren't able to risk that amount of money without hardship. If it could mean I'm landed with £100s or worse, worth of PE's legal fees if they win then I'm not comfortable enough to be able to lose that amount, and may have to rethink.

I didn't come here wanting to get money out of them necessarily (that would be a nice bonus now I've heard its a possibility, but I think I would end up giving any extra to charity) I wanted the best agencies to complain to that could get them into trouble and put pressure on them to be more above board.

I think the only one who you are making things painful for here is you.
 

You're probably right! Leaving it now would be the easiest option.I just feel annoyed letting it go rather than trying to make an example of PE...especially with the time spent by b789 helping with my letters to them.
I will certainly be sending the second letter before claim provided by b789 and complaining to the ICO, DVLA and BPA.

Also happy to go to court if it's just my £50 on the line