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#Post#: 63422--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: March 20, 2025, 8:32 am
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Okay. So I should go back to them and say that the snippet of
the email they sent to ParkingEye nor their claim that there has
been no GDPR breach does not constitute evidential proof. The
dismissive way my complaint has been handled coupled with the
selective/misleading responses received suggests a Subject
Access Request is required.
Please provide me with copies of all correspondence/notes/emails
held/sent/received by AOS/BPA relating to my complaint including
those shared with/received from all external organisations from
the 20/02/25 to the present day.
Is the above sufficient?
#Post#: 63430--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: b789
Date: March 20, 2025, 8:51 am
---------------------------------------------------------
As long as you SAR them, they are obliged to send you every
piece of data they hold that includes your details. The
"snippet" they showed you proves nothing. Their letter quite
clearly states that they sent a copy of your complaint to a
third party. Either they didn't but have sown that they are
inept and haven't take the required due care and attention to
your complaint or they did send it, whether by mistake or not,
and are liable for a breach of your GDPR which opens them up to
an ICO complaint and for you to claim compensation for their
breach of your GDPR and the Data Protection Act 2018.
#Post#: 63442--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: March 20, 2025, 9:28 am
---------------------------------------------------------
I have just received this from BPA and they have now closed the
case....
"Dear C,
I have reviewed your complaint and can advise as follows.
The charge was issued because the vehicle remained on site for 2
hours and 21 minutes and the maximum stay was 2 hours. Parking
Eye have advised no appeal has been registered with them to
contest the charge.
Serious GDPR breach
I have responded separately on this point and can confirm that
no breach has occurred as the email was not sent to Euro Car
Parks.
Misrepresentation of “Recorded Delivery” vs “Proof of Postage”
I want to clarify that our investigation is limited to breaches
of our Code of Practice. My colleague previously mentioned that
we cannot intervene in matters concerning missing mail, as it is
challenging to verify whether an item has been sent or received.
It is quite possible that a notice was dispatched but did not
reach you. Therefore, this is a matter that has to be taken up
directly with Parking Eye
Parking Eye have confirmed that the original Notice to Keeper
was sent on December 21, 2024, and they have provided us with
their iMail report detailing the postage record. This confirms
that the letter was processed and prepared for mailing on
December 21, 2024, at 07:01. Additionally, Parking Eye have
supplied a screenshot indicating when the outbound
correspondence was sent. It shows that the Notice to Keeper was
sent on December 21, 2024, followed by a second letter sent on
December 30, 2024. Both letters were sent to the address
registered with the DVLA.
Based on the evidence provided by Parking Eye, we believe it
aligns with the requirements outlined in the Code of Practice.
I appreciate your feedback regarding our actions, and I
understand your concerns. I hope the information provided
clarifies our position.
Please know that we take adherence to our Code very seriously,
and we are committed to investigating any claims of
noncompliance if supported by evidence.
As I have not identified a breach of our Code, I have closed the
case. Parking Eye will respond to your most recent
communication shortly. "
#Post#: 63450--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: b789
Date: March 20, 2025, 9:50 am
---------------------------------------------------------
The advice hasn't changed. SAR them.
You should now get your MP involved because the BPA are shirking
their responsibility. You will need to explain to your MP why
this is the case and you have already had that explained to you
and in the letters you have sent already. Use it to make your
case.
#Post#: 63460--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: March 20, 2025, 10:23 am
---------------------------------------------------------
Okay but for clarity I take it that the iMail report and
screenshot isn’t sufficient to prove the Notice to Keeper was
sent? So ParkingEye hasn’t shown compliance with PoFA /PPSCoP
and the BPA in ignoring this is acting as an enabler rather than
a regulatory body?
Should I serve ParkingEye with a SAR as well?
#Post#: 63464--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: b789
Date: March 20, 2025, 10:52 am
---------------------------------------------------------
You haven't show us this "iMail" receipt/report. However, does
it provide evidence of the date the letter was actually entered
into the postal system in the same way that a "Proof of Posting"
certificate from any post office would?
The PPSCoP that the BPA are trying to shirk responsibility from,
as I have already shown, states that parking operators MUST
retain a record of the date of posting of a notice, not simply
of that notice having been generated (e.g. the date that any
third-party Mail Consolidator actually put it in the postal
system.)
So, you tell me, is that iMail whatever, evidence of the date
that the letter entered the postal system? If it is simply a
receipt to the operator that the letter has been received by the
Mail Consolidator, then do you think that is good enough as
evidence of when that Mail Consolidator actually put it in the
postal system?
Of course the BPA is an "enabler" for their members. Where do
you think they get their money from? Why do you think the
government is introducing the Private Parking (Code of Practice)
Act 2019? What more evidence do you need to show how the BPA is
not fit for purpose (as is the IPC also).
Yes, SAR ParkingEye too so that you can then compare what the
BPA sent and what ParkingEye received. You ay want to SAR Euro
Car Parks too, because they will be obliged to send you anything
they will have received from the BPA. These are all done by
email to the various Data Protection Officers as detailed in
each company's privacy statement on their websites. It should
take you 10 minutes or less to compose the SAR and 5 seconds to
send each email.
In fact, I'll save you 10 minutes and provide you with a
pro-forma SAR you can adapt:
--- Quote ---
> Dear Sir/Madam,
>
> RE: SUBJECT ACCESS REQUEST
>
> I write to make a formal Subject Access Request in respect of
my personal information. I am entitled to make this request
under data protection laws. The request is made in accordance
with section 45 of the Data Protection Act 2018 and Article 15
of the retained EU General Data Protection Regulation 2016/679
(UK GDPR). You can identify my records using the information
which is listed below.
>
> Requester (data subject) information
>
> (a). Full name:
> (b). Date of birth:
> (c). Address:
> (d). Email address:
> (e). Telephone number:
> (f). PCN number:
> (g). VRM:
>
> Requested information
>
> In accordance with my right of access under data protection
law, I request the following:
>
> (a) Copies of my personal data
>
> I request that I am provided with full copies of all personal
data relating to me which is held by [PARKINGEYE LTD/EURO CAR
PARKS LTD/THE BRITISH PARKING ASSOCIATION LTD]
>
> I would prefer to receive an electronic copy of the requested
information.
>
> (b) Purpose of the processing
>
> Please confirm within your response the purpose (or purposes)
for which my personal data was collected by [PARKINGEYE LTD/EURO
CAR PARKS LTD/THE BRITISH PARKING ASSOCIATION LTD] in the first
instance and the purpose (or
> purposes) for which is has been used by [PARKINGEYE LTD/EURO
CAR PARKS LTD/THE BRITISH PARKING ASSOCIATION LTD] to date.
>
> (c) Categories of the data
>
> Please confirm within your response which categories of my
personal data have been collected by [PARKINGEYE LTD/EURO CAR
PARKS LTD/THE BRITISH PARKING ASSOCIATION LTD].
>
> (d) Sharing of the data
>
> Please confirm within your response which recipients my
personal data has or will bedisclosed to. Please also confirm
whether my data will be shared outside of the United Kingdom and
if so, what safeguards are in place in relation to this.
>
> (e) Storage of the data
>
> Please confirm within your response the retention periods for
the storage of my personal data. If you are unable to confirm a
specific retention period, please confirm what criteria will be
used to determine this.
>
> (f) Source of the data
>
> Please confirm within your response which sources my personal
data is collected from.
>
> (g) Details about automated decision-making
>
> Please confirm within your response whether any automated
decision-making which uses my personal data is taking place or
will take place. If this is the case, I ask that you please
provide me with information about the logic involved in any such
process and the relevant consequences the decision-making will
have upon me.
>
> (h). Existence of my rights
>
> Please acknowledge and confirm within your response my right
to request the rectification or erasure of my personal data and
the right to object to or request a restriction the processing
which is taking place.
>
> Responding to my request
>
> The above contains all necessary information in order for you
to process my request and any delay by yourselves will not
absolve you from providing me with the information within one
calendar month of the date above as this is being sent to you as
an attachment by email.
>
> I believe that the information which has been requested should
be readily available to you.
>
> This request should not therefore fall within the legal
definition of an excessive or manifestly unfounded request and
should not attract any processing fee.
>
> I would be grateful for your assistance in processing my
request within the required one month period of your receipt.
>
> Yours faithfully,
>
> [your full name]
--- End Quote ---
#Post#: 63471--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: March 20, 2025, 11:02 am
---------------------------------------------------------
Thanks for this.
I have posted everything I have received and do not have a copy
of the iMail report or screenshot so I will go back to her and
request a copy.
#Post#: 64178--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: March 26, 2025, 5:11 am
---------------------------------------------------------
Hello. Here is the extract from the iMail report/ Outbound
Correspondence that the BPA have suggested is proof that the NtK
was sent. The iMail report clearly has my details attached to
it, which no doubt proves it was printed but the screenshot from
the outbound correspondence has no such detail……
Please find below the data you have requested.
Below shows the mail consolidator iMail report which shows the
record of postage.
UserName: ParkingeyePremium
FirstName:Parkingeye
LastName: Premium
CompanyName: Parking Eye
DocumentId: xxxxxxx
ShortDocumentId:xxxxxxxxx
Product: Letter
Rate: Standard
International No
Colour:Yes
FullBleed: No
DoubleSided: Yes
SideCount: 2
Reference: PCN ref: xxxx Outbound Correspondence: xxxxx
RecipientName: xxxxx
Postcode: xxxxx
Address: xxxxxx
SubmissionDateTime: 21/12/2024
PrintedDateTime: 24/12/2024 07:01
Further to the above, the below shows the date in which the
correspondence was sent:
All Outbound Correspondence
Date Issued
21/12/2024
30/12/2024
#Post#: 64204--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: b789
Date: March 26, 2025, 7:27 am
---------------------------------------------------------
Can you not show the actual document?
All that shows is:
[indent]SubmissionDateTime: 21/12/2024
PrintedDateTime: 24/12/2024 07:01[/indent]
The date that the PCN info was submitted by PE to their mail
consolidator... 21st December 2024.
It also shows that their mail consolidator printed the PCN on
24th December 2024, 3 days later and still does not evidence the
date that letter entered the postal system.
Also...
[indent]Further to the above, the below shows the date in which
the correspondence was sent:
All Outbound Correspondence
Date Issued Description Status
21/12/2024 Letter1 Ltr01 – 210 Sent
30/12/2024 Letter2 – Ltr02-210 Sent[/indent]
What does that show? As far as I can make out, it only shows the
date the letter was sent (transmitted) to their mail
consolidator. Nothing proves the date the letter entered the
postal system. f they were using Royal Mail, they can get a free
"proof of posting" certificate which is sufficient evidence that
it entered the postal system on the date on the certificate.
#Post#: 64212--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: March 26, 2025, 8:23 am
---------------------------------------------------------
This is the email they sent with the information in the body of
the email they did not attach a document.
[attachment deleted by admin]
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