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#Post#: 52289--------------------------------------------------
Forged numberplate? How can I make it painful for Parking Eye
DIR By: hazzoura
Date: January 7, 2025, 10:36 am
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I have an issue where I keep getting parking charges for the
same car that isn't mine.
ANPR keeps mistaking an F for a P. Not sure whether it's
deliberate or they just have a screw obscuring accidentally
(both front and back though?)
Completely different make and colour of car!
I've successfully appealed the first two charges really easily
and the parking companies cancelled straight away when I
appealed through their website.
I got fed up when I received a 3rd one and have ended up
reporting to the Police.
However, just got the response from Parking Eye who clearly
haven't even read my appeal and sent me some generic response
about parking signs being really clear etc and directing me to
POPLA.
I'm confident POPLA will uphold my appeal but really annoyed
about having to spend more of my time on this rubbish and jump
through hoops because Parking Eye appeals process is not fit for
purpose.
Is there any way to make this as painful as possible for Parking
Eye? Who else can I complain to that they clearly didn't even
read my appeal? I understand they are a horrible company in
general.
#Post#: 52298--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: b789
Date: January 7, 2025, 11:35 am
---------------------------------------------------------
You should not have to jump through hoops to fix ParkingEye’s
mistake when you’re neither the keeper nor the driver of the
vehicle in question. As ParkingEye is unlawfully processing your
personal data and repeatedly failing to address the issue, a
GDPR claim under the Data Protection Act 2018 (DPA) is entirely
justified.
These are the grounds for a compensation claim under the GDPR:
[indent]• Unlawful Data Processing – ParkingEye has no lawful
basis to access your personal data for a vehicle that isn't
yours. The charges result from an ANPR error, which ParkingEye
has failed to rectify.
• Failure to Exercise Reasonable Care – The repeated issuing of
incorrect PCNs suggests negligence in maintaining their ANPR
system and failing to comply with the BPA/IPC Private Parking
Single Code of Practice, section 7.3(d).
• Data Protection Breach – ParkingEye continues to process your
data without justification, which constitutes a violation of
Article 6 of the UK GDPR.[/indent]
Before issuing a formal Letter Before Claim (LBC), I suggest you
issue them a Pre-LBC Notice with a demand that ParkingEye issues
a cease and desist order within their system to prevent your
personal data from being used again for future parking charges.
You should also demand immediate removal of your data from their
system in connection to the misidentified vehicle. A formal
confirmation letter from ParkingEye that they’ve done this and a
flag in their system to prevent any future PCNs from being sent
to you.
Under UK GDPR Article 21, you have the right to object to the
processing of your personal data when it is inaccurate or
unlawful. You can assert this right and demand they cease
processing your data unless they have a lawful basis (which they
don’t in this case).
Here is a suggested Pre-LBC demand letter:
--- Quote ---
> ParkingEye Ltd
> Legal Department
> 40 Eaton Avenue
> Buckshaw Village
> Chorley
> PR7 7NA
>
> Subject: Pre-Legal Notice – Unlawful Processing of Personal
Data and Demand for Immediate Remedial Action
>
> Reference: Incorrect Parking Charge Notices Issued Due to ANPR
Misidentification
>
> Dear Sir/Madam,
>
> I am writing to you in relation to multiple incorrect Parking
Charge Notices (PCNs) that your company has issued to me as a
result of a fundamental error in your ANPR (Automatic Number
Plate Recognition) system. It is evident that your system is
repeatedly misidentifying my vehicle registration plate,
confusing it with another vehicle of a completely different
make, model, and colour.
>
> To date, I have successfully appealed two of these incorrect
PCNs, which your company subsequently cancelled. However,
despite the clear and established evidence of an ANPR misread, I
have now received a third incorrect PCN from Parkingeye. This
demonstrates a failure on your part to address the root cause of
the issue and to ensure that your ANPR system operates
accurately and within the bounds of the law.
>
> It is unacceptable that I am repeatedly forced to spend my
time addressing these incorrect charges due to your failure to
maintain an accurate and compliant ANPR system. The continued
issuance of PCNs to me in these circumstances constitutes a
breach of the Data Protection Act 2018 (DPA) and the UK General
Data Protection Regulation (UK GDPR).
>
> 1. Grounds for Complaint: Your company is unlawfully
processing my personal data under Article 6 of the UK GDPR. You
have accessed my data via the DVLA under the terms of your KADOE
contract without a lawful basis, given that the vehicle in
question is not mine, and the PCNs issued are the result of a
demonstrable ANPR error.
>
> Your repeated failure to perform appropriate checks on the
ANPR evidence constitutes a breach of Section 7.3(d) of the new
Private Parking Single Code of Practice (PPSCoP) issued in
October 2024, which states:
>
> [indent]7.3. Use of photographic evidence
>
> Photographic evidence must not be used by a parking operator
as the basis for issuing a parking charge unless:
>
> d) images generated by ANPR or CCTV have been subject to a
manual quality control check, including the accuracy of the
timestamp and the risk of keying errors.[/indent]
>
> Your failure to comply with this requirement, resulting in
repeated misidentification and incorrect PCNs, renders your
requests for my data from the DVLA unlawful, as it violates the
terms of your KADOE contract with the DVLA.
>
> 2. Required Remedial Actions: To prevent any further unlawful
processing of my data and to resolve this matter without
recourse to legal action, I demand that ParkingEye undertakes
the following actions:
>
> [indent]1. Cease and desist from processing my personal data
in relation to the misidentified vehicle registration number.
This includes the immediate removal of my details from your
system with respect to any future PCNs associated with the
incorrect registration.
>
> 2. Provide a formal written confirmation that my personal data
has been removed from your system and that no further PCNs will
be issued to me in relation to this matter.
>
> 3. Conduct a full review and rectification of your ANPR
system, identifying and correcting any faults that have caused
this repeated misidentification.
>
> 4. Submit a data suppression request to the DVLA to ensure
that my details cannot be accessed again through the KADOE
system in relation to the misidentified vehicle.
>
> 5. Provide a formal written apology acknowledging your error
and the distress and inconvenience caused by your repeated
issuance of incorrect PCNs.
>
> 6. Offer compensation for the distress and inconvenience
caused by your unlawful processing of my data. I suggest a sum
of £500 as reasonable compensation in line with the precedent
set in Vidall-Hall v Google Inc [2015].[/indent]
>
> 3. Formal Complaint: This letter is to be treated as a formal
complaint regarding your conduct and your handling of my
personal data. If this matter is not resolved to my
satisfaction, I will escalate the complaint to the British
Parking Association (BPA). In addition, I reserve the right to
file a county court claim for damages and compensation arising
from your unlawful processing of my data.
>
> 4. Warning of Further Action: If you fail to provide a
satisfactory response to this notice within 14 days of receipt,
I will have no choice but to escalate this matter by:
>
> [indent]1. Filing a formal complaint with the Information
Commissioner's Office (ICO) regarding your unlawful processing
of my data.
>
> 2. Issuing a claim in the Small Claims Court under the Data
Protection Act 2018 for damages arising from your breaches of
the UK GDPR.[/indent]
>
> Furthermore, please be advised that regardless of your
response, I will be making a formal complaint to the DVLA
regarding your unlawful requests for my personal data. Your
repeated breaches of Section 7.3(d) of the new PPSCoP
demonstrate that your access to DVLA data is not compliant with
the requirements of your KADOE contract, and I will be
requesting that the DVLA take enforcement action against
ParkingEye for these breaches.
>
> I demand that you take this matter seriously and implement the
necessary corrective actions without delay. Please provide your
written response to this notice within the specified timeframe.
>
> Yours faithfully,
>
> [Your Name]
> [PCN numbers for reference]
--- End Quote ---
Before you initiate court proceedings, send ParkingEye and the
landowner a formal Letter Before Claim (LBC). This is a legal
requirement under the Pre-Action Protocol for GDPR claims.
You should include the following in your LBC:
[indent]• Your Details: Full name, address, and contact details.
• Their Details: ParkingEye’s registered address and the
landowner’s contact details.
• Details of the Breach:
[indent]• Explain that they have unlawfully processed your
personal data.
• Detail the incorrect PCNs and Parkingeye’s failure to
investigate.
• Highlight that they have no lawful basis to access your DVLA
data for a vehicle you don’t own.[/indent]
• Remedy Sought:
[indent]• Immediate cessation of unlawful data processing.
• Full deletion of your personal data related to this matter.
• Compensation for distress caused by repeated data
breaches.[/indent]
Sample Compensation Amount:
[indent]You can claim £250 to £500 for distress and
inconvenience caused by their misuse of your personal data, in
line with Vidall-Hall v Google Inc [2015].[/indent][/indent]
You should also escalate this to the Information Commissionaires
Office (ICO). The ICO can issue fines and take enforcement
action against Parkingeye for breaching data protection laws.
Go to
HTML https://ico.org.uk/make-a-complaint/.
Provide evidence of
the incorrect PCNs and ParkingEye’s refusal to resolve the
issue.
If ParkingEye ignores your Letter Before Claim, you can then
file a claim via the Money Claim Online service. It would cost
£35 if your claim is under £500. You can recover this fee as
part of your compensation if you win.
You would have to emphasise the following in your claim:
[indent]1. Unlawful Data Processing – Parkingeye accessed your
personal data without justification.
2. Negligent Maintenance of ANPR – Their ANPR system failed to
distinguish between two different vehicles.
3. Failure to Address the Issue – Parkingeye repeatedly failed
to investigate your appeal properly, causing ongoing
distress.[/indent]
So, try and find the details of the landowner. Include the
landowner in the Pre-LBC and the LBC pointing out that they are
jointly and severally liable for the actions of their agent.
#Post#: 52499--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: hazzoura
Date: January 8, 2025, 12:31 pm
---------------------------------------------------------
Thanks so much for this. I think you also replied on the MSE
forum. I will definitely be giving this a try!
#Post#: 52517--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: H C Andersen
Date: January 8, 2025, 4:01 pm
---------------------------------------------------------
3 PCNs, all from Parking Eye or what (you referred to 'parking
companies' which suggests not just PE)?
I suggest we establish how many and from whom before you fire
off the lengthy draft broadside.
If more than one company, and possibly 3, then I suggest that
your target should be their ATA i.e. BPA and IPC rather than a
company.
3 companies and 3 PCNs is hardly a matter for such a GDPR
complaint IMO.
Can we see your 'appeals' to the company(ies) pl.
More info pl.
#Post#: 52530--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: mickR
Date: January 8, 2025, 5:19 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> 3 companies and 3 PCNs is hardly a matter for such a GDPR
complaint IMO.
>
>
> More info pl.
>
--- End Quote ---
I disagree. 1 is enough
yes more info needed
#Post#: 52533--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: DWMB2
Date: January 8, 2025, 5:35 pm
---------------------------------------------------------
The others are correct that we could do with confirming if the
other charges came from other parking companies, becauseif so,
the complaint wording will need tweaking to reflect the fact
that ParkingEye have only issued one wrong charge.
Even if it is just one charge from ParkingEye, that is still in
my view grounds for a strong complaint... Not only have they
failed to properly check the vehicle details against the VRM
before issuing the charge, when the issue has been pointed out
to them, they have failed to address the problem, and instead
continued to wrongly process the personal data of the OP.
#Post#: 52536--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: mickR
Date: January 8, 2025, 5:36 pm
---------------------------------------------------------
I agree
#Post#: 52547--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: b789
Date: January 8, 2025, 8:55 pm
---------------------------------------------------------
I did correct it over on the MSE forum. This is the relevant bit
taken from I for over on MSE:
[indent] This PCN is the third such incident I have had to
address recently, with the first two, issued by other companies,
being cancelled immediately upon appeal. Parkingeye, however,
has refused to cancel this PCN, despite the overwhelming
evidence that the vehicle in question is not mine.[/indent]
--- Quote ---
> ParkingeEye Ltd
> Legal Department
> 40 Eaton Avenue
> Buckshaw Village
> Chorley
> PR7 7NA
>
> Subject: Formal Complaint and Letter of Claim – Unlawful
Processing of Personal Data and Demand for Remedial Action and
Compensation
>
> Reference: Incorrect Parking Charge Notice Issued Due to ANPR
Misidentification
>
> Dear Sir/Madam,
>
> I am writing to formally complain about the incorrect Parking
Charge Notice (PCN) issued to me as a result of a fundamental
error in your ANPR (Automatic Number Plate Recognition) system.
Your system has misidentified my vehicle registration plate,
confusing it with another vehicle of a completely different
make, model, and colour. This PCN is the third such incident I
have had to address recently, with the first two, issued by
other companies, being cancelled immediately upon appeal.
Parkingeye, however, has refused to cancel this PCN, despite the
overwhelming evidence that the vehicle in question is not mine.
>
> Your refusal to resolve this matter appropriately demonstrates
a failure to investigate thoroughly, comply with your legal
obligations, and adhere to industry standards. This ongoing
issue has caused me considerable distress and inconvenience and
constitutes a breach of the Data Protection Act 2018 (DPA) and
the UK General Data Protection Regulation (UK GDPR).
>
> Grounds for Complaint
>
> Your company is unlawfully processing my personal data under
Article 6 of the UK GDPR. You have accessed my data via the DVLA
under the terms of your KADOE contract without a lawful basis,
given that the vehicle in question is not mine, and the PCN
issued is the result of a demonstrable ANPR error.
>
> Additionally, your refusal to cancel this PCN and your failure
to perform appropriate checks on the ANPR evidence constitutes a
breach of Section 7.3(d) of the Private Parking Single Code of
Practice (PPSCoP) issued in October 2024, which states:
>
> [indent]7.3. Use of photographic evidence
>
> Photographic evidence must not be used by a parking operator
as the basis for issuing a parking charge unless: d) images
generated by ANPR or CCTV have been subject to a manual quality
control check, including the accuracy of the timestamp and the
risk of keying errors.[/indent]
>
> Your failure to comply with this requirement, resulting in
misidentification and an incorrect PCN, renders your request for
my data from the DVLA unlawful, as it violates the terms of your
KADOE contract with the DVLA.
>
> Demands for Remedial Action
>
> To resolve this matter, I demand that Parkingeye undertakes
the following actions:
>
> [indent]1. Cancel the PCN immediately and confirm in writing
that no further action will be taken.
>
> 2. Cease and desist from processing my personal data in
relation to this misidentified vehicle registration number. This
includes the immediate removal of my details from your system
with respect to any future PCNs associated with the incorrect
registration.
>
> 3. Provide a formal written confirmation that my personal data
has been removed from your system and that no further PCNs will
be issued to me in relation to this matter.
>
> 4. Conduct a full review and rectification of your ANPR
system, identifying and correcting any faults that have caused
this misidentification.
>
> 5. Submit a data suppression request to the DVLA to ensure
that my details cannot be accessed again through the KADOE
system in relation to this error.
>
> 6. Provide a formal written apology acknowledging your error
and the distress and inconvenience caused by your refusal to
cancel this erroneous PCN.
>
> 7. Pay compensation in the sum of £500 for the distress and
inconvenience caused by your unlawful processing of my data.
This amount is reasonable and proportionate, supported by the
precedent set in Vidall-Hall v Google Inc [2015].[/indent]
>
> Formal Notice of Intended Legal Action
>
> This letter serves as a formal Letter of Claim. If these
demands are not met within 14 days of receipt, I will:
>
> [indent]1. Issue a claim in the County Court Small Claims
Track under the Data Protection Act 2018 for damages arising
from your unlawful processing of my personal data.
>
> 2. Escalate this complaint to the British Parking Association
(BPA) for investigation of your conduct and breaches of the
PPSCoP.
>
> 3. File a formal complaint with the Information Commissioner’s
Office (ICO) regarding your data protection failings.
>
> 4. Submit a formal complaint to the DVLA, requesting
enforcement action for your breaches of the KADOE
contract.[/indent]
>
> Conclusion
>
> I trust that you will take this matter seriously and implement
the necessary corrective actions without delay. Please provide
your written response within the specified timeframe. Failure to
resolve this matter satisfactorily will leave me no choice but
to pursue further action as outlined above.
>
> Yours faithfully,
>
> [Your Name]
--- End Quote ---
#Post#: 52561--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: hazzoura
Date: January 9, 2025, 3:38 am
---------------------------------------------------------
Thanks again all.
For those wanting more info...
Here is my appeal to PE (not very well written as rushing
through it before Christmas and didn't think it would be an
issue as it had been fine with all the other companies - I was
more annoyed with the car at the time).
I am the registered keeper of the car with the registration
number **********, but the car in your images is not my car. My
car was at my place of work in Manchester on this date and time.
As you have stated on the PCN my car is a *MAKE* this car is a
*DIFFERENT MAKE* It can also be seen on the DVLA website that my
car is *COLOUR*. It is not clear from your images but I have had
another recent parking charge for the same car (which I
successfully appealed and had cancelled - proof attached) and it
appears to be the same *COLOUR MAKE*
I have another parking charge for the same car two years ago,
which was again duly cancelled.
I first thought that it may be an innocent mistake and this cars
registration was ******* with the F accidentally obscured. I am
now concerned that this is a deliberate fraud and will be
notifying the police and the DVLA.
Please cancel this parking charge immediately and notify me in
writing..
I've uploaded the image of their response. It's just generic and
referring to signage being clear so it's obvious they haven't
assessed it properly.
The first PCN was April 2023 from company Initial Parking
(cancelled upon appeal)
The second PCN was Sep 2024 from company Civil Enforcement
(cancelled upon appeal)
I don't think I have either of the above saved but they were
similar to the PE appeal (except I wasn't so annoyed and
mentioned Police etc) I did go ahead with this and have a crime
reference number.
Please let me know if you need any more information.
I would also be grateful if you could let me know whether it's
best to get the POPLA appeal out of the way, to protect myself,
or if it will build a better case against Parkingeye if I just
complain to them and then they continue to harass me.
I would like to kick up a fuss and get PE into trouble with the
various agencies as they clearly haven't read the appeal and are
a very unscrupulous company from what I've heard.
Not keen on spending time and money going to court though if the
GDPR case would require good legal nouse, which I don't have,
and their legal team would run rings round me in court. But
happy to try if you think there is a good chance of them ruling
in my favour. It has genuinely been distressing and taken time
and energy (and still is!) when I'm already busy and stressed!
Thanks again for helping with this!
[attachment deleted by admin]
#Post#: 52571--------------------------------------------------
Re: Forged numberplate? How can I make it painful for Parking
Eye
DIR By: hazzoura
Date: January 9, 2025, 4:26 am
---------------------------------------------------------
Also forgot to add that it was the Carpark of a major
supermarket so I also plan to complain to their CEO, if that’s a
good idea?
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