Court claim for Data Breach of DPA 2008 by Excel Parking Options

[Solarcycle24]

I received a Parking Charge Notice from Excel Parking a couple of years back. I was not the driver during the event. The contravention was captured on ANPR with the notice arriving some three weeks after
the event (In fact Excel made their application to the DVLA outside the 14 days period also). I informed Excel that the notice was outside the period of 14 days as specified within section 4 of POFA therefore Keeper Liability
cannot be utilised. They wrote back saying they were not going to rely on POFA 2012 and would pursue me on the reasonable assumption that I was the driver.

This started a flow of stress inducing material that drove me wife and I to the brink! I told them I wasn’t the driver and didn’t know who the driver was, but still the letters kept coming.

I asked them for evidence that I was the driver and all I got back with a number of photos of the vehicle from the ANPR camera. These were such low definition that it was impossible to make out
that anyone was driving let alone recognise individuals.

Finally I sent them a section 10 notice and despite the 21 days period having passed some time ago haven’t had a response.

I’ve now decided that enough is enough and wish to take them to the small claims court over the stress they’ve caused to my wife and I and the sheer amount of time that I’ve spend defending my position
as only being the registered keeper and not the driver in this case.

I would really love some help on my letter before action and especially to identify which Data principles of the Data Protection Act 2008 have been violated, or even to tell me I haven’t a case!

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[Jlc]

Have you given them anything to show you weren't the driver?

If not, then it could be considered 'reasonable' to continue with their pursuit and have a day in court for a Judge to decide.

If they continue pursuing after having something tangible that there's no liability then that would make a huge difference. Showing distress under DPA 1998 (not 2008) seems to be an uphill struggle in county courts at the moment.

Ignoring a s10 isn't great - However, the ICO don't seem too interested in private parking shenanigans.

DPA s13(1) allows compensation. Cases to reference including Vidal-Hall v Google [2015] and Halliday v Creation Consumer Finance [2013].

This post has been edited by Jlc: Fri, 23 Feb 2018 - 11:49

[Redivi]

Protection from Harassment Act is better legislation if you can show that you weren't the driver

A court has already determined that there's no breach of the DPA if the parking company believes it has a case, no matter how slim the belief

[bargepole]

I would really love some help on my letter before action and especially to identify which Data principles of the Data Protection Act 2008 have been violated, or even to tell me I haven’t a case!

There is no such Act, it's the Data Protection Act 1998.

Experience shows it to be difficult, if not impossible, to succeed with this type of claim if the other side defend it.

[Redivi]

If Bargepole says it's impossible, believe it

[bearclaw]

If Bargepole says it's impossible, believe it

I have just seen papers where VCS were pursued for a DPA breach and they didn't turn up for the hearing.....

Judgement was entered Monday I think and as far as I know the plaintiff is going ahead with enforcement immediatly.. If they dont turn up you can get away with anything...

[4101]

I received a Parking Charge Notice from Excel Parking a couple of years back. I was not the driver during the event. The contravention was captured on ANPR with the notice arriving some three weeks after
the event (In fact Excel made their application to the DVLA outside the 14 days period also). I informed Excel that the notice was outside the period of 14 days as specified within section 4 of POFA therefore Keeper Liability
cannot be utilised. They wrote back saying they were not going to rely on POFA 2012 and would pursue me on the reasonable assumption that I was the driver.

This started a flow of stress inducing material that drove me wife and I to the brink! I told them I wasn’t the driver and didn’t know who the driver was, but still the letters kept coming.

I asked them for evidence that I was the driver and all I got back with a number of photos of the vehicle from the ANPR camera. These were such low definition that it was impossible to make out
that anyone was driving let alone recognise individuals.

Finally I sent them a section 10 notice and despite the 21 days period having passed some time ago haven’t had a response.

I’ve now decided that enough is enough and wish to take them to the small claims court over the stress they’ve caused to my wife and I and the sheer amount of time that I’ve spend defending my position
as only being the registered keeper and not the driver in this case.

I would really love some help on my letter before action and especially to identify which Data principles of the Data Protection Act 2008 have been violated, or even to tell me I haven’t a case!

Serve a FOIA request on the DVLA asking for a copy of the request for keeper details (probably sent electronically) including any evidence the PPC sent such as images, and the DVLA reply to the request (this will probably be a computer print out).

This request should be made by the Reg. keeper at the time of the alleged parking event. Please come back here when you have a reply.

[southpaw82]

Serve a FOIA request on the DVLA asking for a copy of the request for keeper details (probably sent electronically) including any evidence the PPC sent such as images, and the DVLA reply to the request (this will probably be a computer print out).

This request should be made by the Reg. keeper at the time of the alleged parking event. Please come back here when you have a reply.

The RK can’t FOI their own personal data - s 21 of FOIA. They’d have to make a DPA request.

[4101]

Serve a FOIA request on the DVLA asking for a copy of the request for keeper details (probably sent electronically) including any evidence the PPC sent such as images, and the DVLA reply to the request (this will probably be a computer print out).

This request should be made by the Reg. keeper at the time of the alleged parking event. Please come back here when you have a reply.

The RK can’t FOI their own personal data - s 21 of FOIA. They’d have to make a DPA request.

Okay SAR it is (£10)

[ostell]

It's not a SAR either. THere is an email address on the forum for contacting the DVLA and requesting details of who requested the keepers details. The service is free. Do a search on the forums for that address and the suggested format of the request.

[Redivi]

It would make sense if the DVLA automatically informed registered keepers and raised their charge to the parking companies accordingly

[Solarcycle24]

Thank you everyone for your good advice. I've already got a printout from the DVLA and the period from the date of contravention to the date Excel made the electronic enquiry to the DVLA is 26 days so outside of POFA section 4 at 14 days for an ANPR event. Am i right in thinking that this is contrary to the KADOE contract and therefore they do not have reasonable cause to receive and process my data , and by extension chase me for payment.

[Jlc]

No, makes no difference.

[nosferatu1001]

You’d be wrong to think that. They can obtain your data to enquiry as to the drivers identity, as they’ve alway# been ab,e to.

[Solarcycle24]

but a breach of the Kadoe would must likely be a breach of the dpa? what avenues are open to me to get the gits to leave me alone? im not paying for something that im not responsible for.

[Jlc]

but a breach of the Kadoe would must likely be a breach of the dpa?

Not necessarily but it would probably be a good start - but the DVLA and ICO don't seem to believe this occurs, ever.

what avenues are open to me to get the gits to leave me alone? im not paying for something that im not responsible for.

Simple, provide something on the balance of probabilities that shows you couldn't have been driving at the material time. A plane ticket with you out of the country is great.

As I stated, without such then they have the 'right' to take their case to court.

This post has been edited by Jlc: Tue, 27 Feb 2018 - 07:29

[The Rookie]

but a breach of the Kadoe would must likely be a breach of the dpa?

May or may not be, as yours isn't a breach of KADOE its not a relevant question.

If you think its a breach of KADOE, then specifics please......

[bargepole]

but a breach of the Kadoe would must likely be a breach of the dpa?

May or may not be, as yours isn't a breach of KADOE its not a relevant question.

If you think its a breach of KADOE, then specifics please......

Having previously run the KADOE breach argument before a couple of Judges, it went nowhere.

The gist of both rulings was that, the KADOE electronic data facility is the subject of a contract between the PPC and the DVLA.

If the PPC are in breach of that contract, it is open to the DVLA to take action against them. The motorist is not a party to that contract, and therefore has no remedy for any breach.

[The Rookie]

Indeed, unless that same breach is demonstrably a breach of the DPA (regardless of if its a breach of KADOE or not).....hence my may or may not.

As an example the PPC has no 'reasonable cause' (and demonstrably knows it such as public land with no contract to operate) to request the data - a breach of KADOE but also a breach of the DPA.

Less clear cut is the PPC selling data (ostensibly as debt assignment) to MIL, a clear breach of KADOE yet not as clear a breach of the DPA.