Advice needed regarding dropped case and GDPR - VCS (EMA Petrol Station) Options

[NotSimonRenshawS...]

Hi all,

I was hoping to get some advice regarding a case that someone I met (SWIM) was dealing with and thinking of progessing to a legal claim for GDPR breach against them.

To summarise the case:
December SWIM pulled up in East Midlands Airport petrol station to answer a phone call and was there for just over 1 minute.
A few days later SWIM gets the NTK, fills out the appeal and incriminates themselves.
However during this entire process and the subsequent appeal through IAS SWIM insisted that there was no breach in terms of conditions as they were not in a designated area where restrictions were set out (SWIM was pulled off to the side of the pumps where there was no double red line which was present in all of the other no stopping areas).
IAS rule in favour of VCS and VCS proceed to send SWIM volumes of final warning letters before finally deciding to issue SWIM a Letter before Claim.
At this point SWIM contacts local MP (who was useless), and then the CEO and several other people within the organisation that operates the petrol station.
During this whole process SWIM issued SARs to both VCS and the DVLA and read the entirety of the IPC (Code of conduct VCS use)
Eventually SWIM gets a response from manager of Petrol Station and a phone call stating that they would ensure the fine is forgiven.
This results in the fine going away, however, SWIM had already determined through the IPC that VCS were in breach of there own code of conduct due to the 10 minute grace period stated.

Then yesterday the SAR from DVLA finally arrived and stated that VCS had requested SWIMs details for "Breach of terms and conditions of a private car park", as the incident wasn't a breach (IMO) and that they claimed it was a car park (Petrol station) would SWIM be able to make a money claim against VCS for breach of GDPR for illegally obtaining SWIMs details through DVLA?

Please advise,

Thank you

P.S. if more information is required please let me know.

This post has been edited by NotSimonRenshawSmith: Mon, 13 Jul 2020 - 09:50

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[Jlc]

SWIM had already determined through the IPC that VCS were in breach of there own code of conduct due to the 10 minute grace period stated.

Please expand this. Are you saying the IPC stated that VCS did breach the CoP?

The 10 minute grace period only applies where parking is permitted.

[The Rookie]

Then yesterday the SAR from DVLA finally arrived and stated that VCS had requested my details for "Breach of terms and conditions of a private car park", as the incident wasn't a breach (IMO) and that they claimed it was a car park (Petrol station) would SWIM be able to make a money claim against VCS for breach of GDPR for illegally obtaining SWIMs details through DVLA?

IMO no, it can be argued to be correct.

[NotSimonRenshawS...]

SWIM had already determined through the IPC that VCS were in breach of there own code of conduct due to the 10 minute grace period stated.

Please expand this. Are you saying the IPC stated that VCS did breach the CoP?

The 10 minute grace period only applies where parking is permitted.

Sorry my misunderstanding, IPC didn't say anything, I misread the IPC and thought that as they claimed SWIM was in breach of terms of a private car park the IPC grace period would apply.

Then yesterday the SAR from DVLA finally arrived and stated that VCS had requested SWIMs details for "Breach of terms and conditions of a private car park", as the incident wasn't a breach (IMO) and that they claimed it was a car park (Petrol station) would SWIM be able to make a money claim against VCS for breach of GDPR for illegally obtaining SWIMs details through DVLA?

IMO no, it can be argued to be correct.

Thanks for the heads up. SWIM won't be pursuing this any further and will be grateful the fine was dropped at all.