[Help] GDPR question (hypothetical, of course)

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essbee1

Well-known member
Jun 25, 2014
4,725
A friend of mine got a parking ticket at the Miller and Carter (formerly the Black Lion pub) in
Patcham from "Euro car parks" (utter w*nkers). They are a private car park company and have no jurisdiction in
UK Law (other than breach of their contract with said establishment and the car owner). Basically, they're chancers.

So, my question. They were able to get my friend's name/home address/car details etc to send my friend the fine
in Kent. So, is this not a breach of GDPR? How are they able to get hold of my friend's personal details
etc? I'd understand if it was a Govt. department; that's fine. I wouldn't mess with a Govt Dept. But how can a private company do this without
breaching GDPR? My friend didn't agree to share any of those details.

Asking for that friend, of course.
 




B

Bodian

Well-known member
May 3, 2012
14,250
Cumbria
Anyone with 'reasonable cause' can get owner's details from DVLA so long as they have the registration number. Reasonable cause includes to issue parking tickets.


www.gov.uk

Request information about a vehicle or its registered keeper from DVLA

Request details about a vehicle's registered keeper: bulk data, anonymised data, mileage data requests, other information requests
www.gov.uk www.gov.uk
 












studio150

studio150

Well-known member
Jul 30, 2011
30,227
On the Border
essbee1 said:
I shall be challenging this from a GDPR perspective on behalf of my friend. We'll see how a call to DVLA works in the morning.
Click to expand...
A complete waste of time.

If you read the helpful links that have been posted above, you will see that as Euro Car Parks are members of the BPA, they are permitted to obtain details from the DVLA.
 






B

Bodian

Well-known member
May 3, 2012
14,250
Cumbria
essbee1 said:
I shall be challenging this from a GDPR perspective on behalf of my friend. We'll see how a call to DVLA works in the morning.
Click to expand...
Good luck with that! Let us know how it goes.

The main problem you'd have to overcome is that release of such data is within the legislation - so you would have to try and show that it is the actual legislation that is breaking another piece of legislation. But I think it's harder than that, as the relevant regulation is basically an exemption to the GDPR.

The Road Vehicles (Registration and Licensing) Regulations 2002

These Regulations revoke and consolidate, with amendments, the Road Vehicles (Registration and Licensing) Regulations 1971 and the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973 and their amending instruments so as to provide a single set of Regulations for the...
www.legislation.gov.uk www.legislation.gov.uk

I have a feeling that there might be some small print on the V5 form that says that the signatory is willing to have their data shared as well. I know one of my mates was keen to challenge this some time ago - and found that he couldn't.
 




E

essbee1

Well-known member
Jun 25, 2014
4,725
Another question: tomorrow I'm going to register a company in Companies House, called ACMEBS ltd,
with a remit to do some analysis of parking data across the UK. As entitled to do so, according to
UK law, I plan to request the home addresses and keeper details from DVLA of every car I see on day one of ACMEBS
being registered. Any problem with that?
 








E

essbee1

Well-known member
Jun 25, 2014
4,725
Shropshire Seagull said:
GDPR is so misunderstood.

It's fundamentally about making sure data held on living individuals is accurate and correct and is used lawfully - it's not about keeping your identity a secret.

Have a look here
Click to expand...
Thanks Shropshire, but with all respect is that really correct? It's about not revealing/identifying personal data to people who are not entitled
to know that info. I've been on the f****g endless courses.
 




E

essbee1

Well-known member
Jun 25, 2014
4,725
Cotton Socks said:
First thing to do is make sure your friend doesn't say they were the the driver of the vehicle at the alleged time of the offence (I think). There is a poster here that also posts on the Martin Lewis site who really knows their stuff. I think it's @LadySeagull
Click to expand...
cheers mate,
 


schmunk

schmunk

Why oh why oh why?
Jan 19, 2018
10,347
Mid mid mid Sussex
essbee1 said:
Thanks Shropshire, but with all respect is that really correct? It's about not revealing/identifying personal data to people who are not entitled
to know that info. I've been on the f****g endless courses.
Click to expand...
Yes, that's part of the rules, except the DVLA is entitled to share the information with people (or companies / government agencies/etc.) with reasonable cause.

Parking enforcement is one such cause, as is identifying the owner of a vehicle involved in a collision.
 


Baldseagull

Baldseagull

Well-known member
Jan 26, 2012
11,839
Crawley
essbee1 said:
A friend of mine got a parking ticket at the Miller and Carter (formerly the Black Lion pub) in
Patcham from "Euro car parks" (utter w*nkers). They are a private car park company and have no jurisdiction in
UK Law (other than breach of their contract with said establishment and the car owner). Basically, they're chancers.

So, my question. They were able to get my friend's name/home address/car details etc to send my friend the fine
in Kent. So, is this not a breach of GDPR? How are they able to get hold of my friend's personal details
etc? I'd understand if it was a Govt. department; that's fine. I wouldn't mess with a Govt Dept. But how can a private company do this without
breaching GDPR? My friend didn't agree to share any of those details.

Asking for that friend, of course.
Click to expand...
Get clued up before making any contact with the thieving bastards, usually the easiest way to make these go away is to ask the manager of the premises to get them to back off, do that sooner rather than later, but again, get clued up first. here http://forums.pepipoo.com/index.php?showforum=60
Or Money saving expert has some info and helpful community on this too.
 


Stat Brother

Stat Brother

Well-known member
NSC Patron
Jul 11, 2003
73,888
West west west Sussex
Cotton Socks said:
First thing to do is make sure your friend doesn't say they were the the driver of the vehicle at the alleged time of the offence (I think). There is a poster here that also posts on the Martin Lewis site who really knows their stuff. I think it's @LadySeagull
Click to expand...
Shirley the first thing to do is park the car in adherence to the terms and conditions of parking in said spot.
 




Uh_huh_him

Uh_huh_him

Well-known member
Sep 28, 2011
12,120
Would i be right in thinking your friend decided to not pay for parking in a private car park?

The company who own the private car park, has subsequently obtained your friend's details, to pursue them for payment of a fine?

And you consider this company to be "chancers"?
 


S

Shropshire Seagull

Well-known member
Nov 5, 2004
8,787
Telford
essbee1 said:
Thanks Shropshire, but with all respect is that really correct? It's about not revealing/identifying personal data to people who are not entitled
to know that info. I've been on the f****g endless courses.
Click to expand...
Indeed, and that is why I used the word lawfully.

DVLA would be in breach of GDPR if they passed personal details to e.g. a double glazing salesman but if a vehicle is suspected of doing something unlawful it is perfectly fine to provide the registered keeper details.

From the details you've shared I'd be confident your case would be unsuccessful and in fact my understanding is that individuals can't prosecute a GDPR case, only report it to the Information Commissioners Office who will only take action if THEY think it appropriate.
 


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