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#Post#: 36466--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: September 11, 2024, 11:08 am
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As they have avoided or failed to respond to the third point
about compensation in your original complaint and subsequent
correspondence, you can now send them a Letter of Claim for
compensation for breaching your GDPR under the Data Protection
Act 2018. It will be interesting to see their response as, in
the words of Lance Corporal Jack Jones (Clive Dunn) in Dad's
Army... They don't like it up 'em!"
Something along these lines would do it:
--- Quote ---
> Smart Parking Ltd
> Unit 43, Elmdon Trading Estate
> Bickenhill Lane
> Birmingham, B37 7HE
>
> [right][Date of sending the letter][/right]
>
> [center]Letter of Claim[/center]
>
> Re: Unlawful Acquisition of Personal Data and Compensation
Demand
>
> Dear Sirs,
>
> I am writing to formally notify you of my intention to take
legal action against Smart Parking Ltd, should this matter not
be resolved within 14 days of the date of this letter.
>
> As outlined in my previous correspondence dated [date of your
initial letter], your company unlawfully obtained my personal
data from the DVLA in connection with Parking Charge Notice
(PCN) reference [PCN Reference Number]. The vehicle identified
in your ANPR image (registration number XK69XXX) is not mine,
and I have never owned or driven the vehicle in question.
>
> You have acknowledged in writing that the PCN was issued in
error and confirmed the cancellation of the charge, as well as
the deletion of my personal data. However, you failed to address
my request for compensation for the distress and anxiety caused
by your unlawful actions.
>
> Legal Basis for Claim
>
> Under the Data Protection Act 2018 and the UK General Data
Protection Regulation (UK GDPR), individuals are entitled to
compensation when their personal data is processed unlawfully
and results in distress. By failing to perform the required
manual quality control checks under the British Parking
Association (BPA) Code of Practice (CoP), section 21.5a, your
company had no lawful basis for requesting my personal data from
the DVLA. This constitutes a breach of the KADOE contract and
the Data Protection Act.
>
> Your failure to comply with these legal obligations caused me
significant distress and anxiety, for which I am entitled to
compensation.
>
> Demand for Compensation
>
> In light of the distress and anxiety caused, I am seeking
compensation in the amount of £300.
>
> If I do not receive a satisfactory response, including the
compensation sought, within 14 days, I will issue proceedings
against Smart Parking Ltd in the County Court for damages under
the Data Protection Act 2018.
>
> This letter serves as a formal Letter of Claim. Please be
advised that should you fail to respond or resolve this matter
within the specified timeframe, I will take legal action without
further notice.
>
> Yours faithfully,
--- End Quote ---
#Post#: 36611--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: September 12, 2024, 9:51 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> As they have avoided or failed to respond to the third point
about compensation in your original complaint and subsequent
correspondence, you can now send them a Letter of Claim for
compensation for breaching your GDPR under the Data Protection
Act 2018. It will be interesting to see their response as, in
the words of Lance Corporal Jack Jones (Clive Dunn) in Dad's
Army... They don't like it up 'em!"
>
> Something along these lines would do it:
>
--- End Quote ---
Thank you so much again for your help! I feel like you'd get
along with my dad 😂
If I were to send this, would it be via email/pdf again, or
post?
I'm going to wait until the weekend once I have a clear head
because work has been killing me, then I'll write it out.
Appreciate it so much!
#Post#: 36626--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: September 12, 2024, 11:00 am
---------------------------------------------------------
You can attach it to an email as a pdf if you have a valid email
address for service. Also, you could print it and sent it by
post with a free "proof of posting" certificate from any post
office.
If sent by email, it is deemed given the date it is sent. If it
sent by first class post, it is deemed given on the second
working say after posting.
If you send by email, make sure that you include in the body of
the email an instruction to whoever reads the email first that
it has attached a legal document that should be passed to the
relevant person or legal advisor for the company. The subject
should be "IMPORTANT - Letter of Claim".
#Post#: 36660--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: September 12, 2024, 2:14 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> You can attach it to an email as a pdf if you have a valid
email address for service. Also, you could print it and sent it
by post with a free "proof of posting" certificate from any post
office.
>
> If sent by email, it is deemed given the date it is sent. If
it sent by first class post, it is deemed given on the second
working say after posting.
>
> If you send by email, make sure that you include in the body
of the email an instruction to whoever reads the email first
that it has attached a legal document that should be passed to
the relevant person or legal advisor for the company. The
subject should be "IMPORTANT - Letter of Claim".
>
--- End Quote ---
Understood. Thank you again for the amazing and clear advice!
I'll update once again when I send it/get a response.
#Post#: 37373--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: September 18, 2024, 10:09 am
---------------------------------------------------------
I have sent the letter of claim, looks like they didn't have an
email for service so post it is.
In the meantime, I have received a response from the DVLA in
response to my complaint. I essentially told them to stop any
future sharing of my details with Smart Parking Ltd due to their
failure to adhere to the BPA CoP, and to cancel Smart Parking
Ltd's KADOE contract and to compensate me for the distress
caused by the misuse of my data, which I knew was a long shot.
HTML https://i.imgur.com/afPr6Gz.png
HTML https://i.imgur.com/tQKFQxV.png
They did write "where any inappropriate use of DVLA data by a
company is identified, swift and proportionate action is taken"
but seemed to gloss over that in this case.
What a terrible system where anyone can just get my data from
the DVLA and do whatever they want with it with no consequences.
#Post#: 37380--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: DWMB2
Date: September 18, 2024, 10:28 am
---------------------------------------------------------
--- Quote from: strawberrydoll link ---
>
> cancel Smart Parking Ltd's KADOE contract
>
--- End Quote ---
In the first 3 quarters of the 23/24 financial year, Smart made
513,696 KADOE requests - DVLA charges £2.50 per request. That's
not a money tap they'll be keen to turn off unfortunately.
(Source - Excel spreadsheet
HTML https://assets.publishing.service.gov.uk/media/65d71bfa2ab2b3e0f27595aa/kadoe-enquiries-q3-2023-24-v1.ods)
#Post#: 37381--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: September 18, 2024, 10:35 am
---------------------------------------------------------
Can you please show us the wording of your complaint to the
DVLA.
#Post#: 37402--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: September 18, 2024, 11:49 am
---------------------------------------------------------
How about responding to Mrs Harris with the following:
--- Quote ---
> Dear Mrs Harris,
>
> Re: Response to Your Letter Dated 16 September 2024 – Unlawful
Acquisition of Personal Data by Smart Parking Ltd
>
> Thank you for your letter dated 16 September 2024, regarding
my complaint about the unlawful acquisition of my personal data
by Smart Parking Ltd under the KADOE contract. While I
appreciate your review of the matter, several critical issues
remain unaddressed, and I would like to clarify the core
concerns.
>
> 1. The Core Issue – Failure in Post-DVLA Data Processing by
Smart Parking
>
> The key issue here is not the initial request by Smart Parking
for my personal data but their failure to verify that data once
they received it from the DVLA. While Smart Parking may have had
reasonable cause to request the data due to a misread of the
vehicle registration number (VRM) by their ANPR system, the
breach and unlawful use of my data occurred when they failed to
compare the data they received with the actual vehicle captured
in their ANPR images.
>
> After receiving my details, Smart Parking had an obligation
under section 21.5a(d) of the British Parking Association (BPA)
Code of Practice (CoP) to check that the make, model, and colour
of the vehicle in the DVLA data matched the vehicle identified
in the ANPR image. This simple, compulsory check would have
immediately revealed the mismatch, as the vehicle associated
with my personal data was not the vehicle in the ANPR image.
Smart Parking's failure to perform this check resulted in the
wrongful issuance of a Parking Charge Notice (PCN) to me, of a
vehicle I am not the registered keeper of and have never owned
or driven.
>
> This failure constitutes a breach of the BPA CoP and the KADOE
contract. Had Smart Parking performed the required check, no PCN
would have been issued, and I would not have been subjected to
the distress and anxiety caused by their unlawful actions.
>
> 2. Concerns Over DVLA’s Revenue and Conflict of Interest
>
> Another critical concern is the financial relationship between
the DVLA and private parking companies like Smart Parking. In
the financial year 2023/2024 alone, Smart Parking submitted
513,696 KADOE requests at £2.50 per request, generating
significant revenue for the DVLA. Given this substantial income
(from this relatively minor player), there is a concern that the
DVLA may be prioritising revenue over its duty to safeguard
individuals' personal data and ensure that private parking
companies comply with their legal and contractual obligations.
>
> This situation raises the question: Is the DVLA more concerned
with protecting its income stream than upholding individuals'
rights to privacy and ensuring that their data is only used
lawfully? The fact that Smart Parking clearly failed to verify
the data they received before issuing the PCN represents a
serious breach of the KADOE contract and the BPA Code of
Practice.
>
> I would like to know what sanctions the DVLA intends to impose
on Smart Parking for this failure. If no meaningful action is
taken, this suggests a worrying lack of oversight and protection
for the public in favour of protecting the DVLA's revenue
sources.
>
> 3. Misrepresentation of the Parking Charge Notice (PCN) as a
"Penalty"
>
> Finally, I would like to correct an inaccuracy in your
response. You referred to the charge issued by Smart Parking Ltd
as a "penalty charge notice." This is incorrect. The notice I
received was a Parking Charge Notice issued by an unregulated
private parking company, not a statutory penalty issued by a
public authority. Parking Charge Notices from private parking
companies do not carry the same legal weight as penalties issued
by local councils or government bodies. This misrepresentation
is important and should be corrected in any future
correspondence.
>
> Conclusion
>
> While the DVLA may have had reasonable cause to release my
data to Smart Parking in the first instance, the key issue here
is Smart Parking’s failure to verify that data after receiving
it and then unlawfully using it. The DVLA now has a
responsibility to investigate this breach of the KADOE contract
and impose appropriate sanctions on Smart Parking for their
failure to comply with the requirements for processing the data.
>
> I look forward to your response and confirmation that the DVLA
will take appropriate action to address this issue and prevent
future breaches.
>
> Yours sincerely,
--- End Quote ---
#Post#: 37413--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: September 18, 2024, 12:23 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Can you please show us the wording of your complaint to the
DVLA.
>
--- End Quote ---
I used your original letter as a template. I had a friend help
me write it because I'm no good with these things 😶
--- Quote ---
>
> Unlawful Releasing of Data.
>
> Good Afternoon,
>
> I am writing in relation to your recent releasing of my
personal data to “Smart Parking Ltd” under the terms of the
KADOE contract, on issuance of a PCN to my registration XK69 XXX
from the aforementioned company dated 19th August 2024. I bring
to your attention the following points:
> Lack of Reasonable Cause: The vehicle captured in the ANPR
image sent to me has a registration number XC59 XXX and is of a
completely different make and model than my vehicle. I have
never owned or driven the vehicle in question, nor have I ever
visited the location stated in the PCN. This clearly indicates
an error on your part in assessment of reasonable cause to
release my personal information to Smart Parking Ltd.
> Unlawful Release of Personal Data: Given your failure to
enforce your terms or to assess reasonable cause, my data was
released unlawfully and a breach of the Data Protection Act 2018
has occurred.
> Misuse of Personal Data: As Smart Parking Ltd failed to Adhere
to BPA Code of Practice, specifically section 21.5a(d), which
mandates manual quality control checks of ANPR images, they have
unlawfully processed my data and have sent me a predatory
Parking Charge Notice due to your unlawful release of my
personal data.
> Distress and Anxiety: The actions of the DVLA have caused me
significant distress and anxiety and I believe I am entitled to
compensation for this.
>
> I now demand that you:
> - Immediately cease any further release of my personal data to
any third parties, including but not limited to Smart Parking
Ltd, as it is clear there is no enforcement of terms related to
assessment of reasonable cause to release my data.
> - Cancel Smart Parking Ltd’s KADOE contract due to their
failure to adhere to BPA Code of Practice 21.5a(d).
> - Compensate me for the distress and anxiety, specifically for
damages under the Data Protection Act 2018.
>
> Yours faithfully,
>
>
--- End Quote ---
#Post#: 37415--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: September 18, 2024, 12:27 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> [quote author=strawberrydoll link=topic=2910.msg37373#msg37373
date=1726672163]
> cancel Smart Parking Ltd's KADOE contract
>
--- End Quote ---
In the first 3 quarters of the 23/24 financial year, Smart made
513,696 KADOE requests - DVLA charges £2.50 per request. That's
not a money tap they'll be keen to turn off unfortunately.
(Source - Excel spreadsheet
HTML https://assets.publishing.service.gov.uk/media/65d71bfa2ab2b3e0f27595aa/kadoe-enquiries-q3-2023-24-v1.ods)
[/quote]
This makes me irrationally (or rather rationally) upset that
they have the audacity to respond to me with how they're
publicly funded so are unable to help further 🙄
I guess the wording matters, but it did strike a nerve.
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