[Help] GDPR question (hypothetical, of course)

[Chicken Run]

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.

How long did your “friend” leave their car parked there?

 

[Chicken Run]

Shirley the first thing to do is park the car in adherence to the terms and conditions of parking in said spot.

Totally agree, many of those whining about getting a ticket have taken the piss themselves and then can’t cope with the fall out, I know this particular car park that the OP has mentioned well, and many use it to dump their car for long periods taking the spaces for people using the pub or hotel, no sympathy at all for anyone parked there longer than need be!

 

[drew]

How long did your “friend” leave their car parked there?

Probably the most relevant question so far.

 

[Chicken Run]

Probably the most relevant question so far.

Indeed, the OP fails to mention this in any of their posts!

 

[drew]

Indeed, the OP fails to mention this in any of their posts!

He doesn't even say whether he was with his friend when they got the ticket!!!

 

[Chicken Run]

He doesn't even say whether he was with his friend when they got the ticket!!!

I’ve dropped people with suitcases to that car park where they’ve left the vehicle and spent the weekend in Brighton, apparently cheaper to park there and inconvenience a business and its patrons than park in central Brighton, not anymore it would seem

 

[nickbrighton]

Shirley the first thing to do is park the car in adherence to the terms and conditions of parking in said spot.

Given that there is no mention of why his friend feels he has been scammed, I also thought perhaps he had parked outside whatever the rules were for parking there

Usually , if the friend has legitimatly parked they would mention it.

Someone may disagree that they are being charged for parking, or that its an extortionate amount, but that does not mean that the charge is actually wrong. If you are on private property then surley its up to you to adhere to the rules. I always check the rules if parking somewhere

Unless this charge is being applied wrong- and the OP makes no indication of that, then suck it up and pay

 

[Stat Brother]

Given that there is no mention of why his friend feels he has been scammed, I also thought perhaps he had parked outside whatever the rules were for parking there

Usually , if the friend (wtf is he saying friend, its obviously him) has legitimatly parked they would mention it.

Someone may disagree that they are being charged for parking, or that its an extortionate amount, but that does not mean that the charge is actually wrong. If you are on private property then surley its up to you to adhere to the rules. I always check the rules if parking somewhere

Unless this charge is being applied wrong- and the OP makes no indication of that, then suck it up and pay

If this goes to form, after about 10 further posts, the OP will begrudgingly, and with loads of caveats, admit they're in the wrong (the sign will be obscured/by 2 minutes/it was a bank holiday) and all the crying will be for nothing.


None of which gives a free pass the the fine mongering, bailiff heavy, uncommunicative, parking cowboys.
But if you don't want to deal with them don't park there or at the very least do as you're told.

 

[Shropshire Seagull]

Slightly tangential, but loosely related.

Mrs SS came home last week with a PCN in her hand. We have a council-run car park in Wellington that does not charge but insists on you displaying your free ticket - not: pay-and-display, more free-and-display?

Anyways, the PCN was attached to the windscreen via the standard bright yellow waterproof sleeve and inside stated the driver had failed to comply with the car park conditions of use. In her other hand was the ticket from the free machine which she swears was left on the dashboard.

So, I did an online appeal and a few days later got a rather snotty email reply to say we were totally liable as we had failed to comply with the car park terms and conditions of use. Also attached was a photo of said dashboard showing ticket had been placed upside-down. The final paragraph in the email said "no further action this time" but if you do it again ....

So, even with a "free" carpark there is potential to cop a PCN

 

[Weststander]

Slightly tangential, but loosely related.

Mrs SS came home last week with a PCN in her hand. We have a council-run car park in Wellington that does not charge but insists on you displaying your free ticket - not: pay-and-display, more free-and-display?

Anyways, the PCN was attached to the windscreen via the standard bright yellow waterproof sleeve and inside stated the driver had failed to comply with the car park conditions of use. In her other hand was the ticket from the free machine which she swears was left on the dashboard.

So, I did an online appeal and a few days later got a rather snotty email reply to say we were totally liable as we had failed to comply with the car park terms and conditions of use. Also attached was a photo of said dashboard showing ticket had been placed upside-down. The final paragraph in the email said "no further action this time" but if you do it again ....

So, even with a "free" carpark there is potential to cop a PCN

I got done for that parking in Poet’s Corner Hove a few years ago. A typically very windy day, as I closed the car door a breeze must’ve flipped the ticket over. I appealed but BHCC wouldn’t budge.

 

[essbee1]

The camera system they now operate came in in Sept. I asked Miller and Carter. I don't
live in Brighton and was driving down from Kent. I have parked there occasionally in the
past (and stayed at the hotel they have) in the past, but did not see their "limited" signage.

I was getting stuff from the bakers for my Mum who is not very well. I did not park there
knowing I was in the wrong. I was brought up in Patcham and they also have a huge car
park at the back. I thought innocently that it would be ok. I was there for 20 minutes.

Thanks for those genuinely trying to help.

But not for messages along the lines of "you should have known it penalty and don't be so selfish".
I didn't know and the car park was empty - so wasn't really being selfish.

 

[Audax]

The camera system they now operate came in in Sept. I asked Miller and Carter. I don't
live in Brighton and was driving down from Kent. I have parked there occasionally in the
past (and stayed at the hotel they have) in the past, but did not see their "limited" signage.

I was getting stuff from the bakers for my Mum who is not very well. I did not park there
knowing I was in the wrong. I was brought up in Patcham and they also have a huge car
park at the back. I thought innocently that it would be ok. I was there for 20 minutes.

Thanks for those genuinely trying to help.

But not for messages along the lines of "you should have known it penalty and don't be so selfish".
I didn't know and the car park was empty - so wasn't really being selfish.

GDPR is the wrong angle to take if you want to appeal / dispute (as others have said). GDPR is riddled with exemptions that can be used for things like enforcement of legal rights etc. That's why any competent company's Privacy Policy (if they hold relevant data) will include a section specifying that your data might be shared on request with certain third parties (eg police) for the purposes of law enforcement etc. For example, taken from O2's Privacy Policy:

We might also share your information:

• With any public authority or law enforcement agency (if they ask for it).
• To comply with law or regulations, or for possible legal proceedings.
• If you give us personal information that's wrong or we find out (or think) you're responsible for fraud. In these circumstances we might share your information with third parties such as law enforcement agencies, credit reference agencies and other affected third parties.
• If one of our partners who are processing information for us are compelled to do so by law.
• If there's an emergency and we think you or other people are at risk.

 

[Chicken Run]

The camera system they now operate came in in Sept. I asked Miller and Carter. I don't
live in Brighton and was driving down from Kent. I have parked there occasionally in the
past (and stayed at the hotel they have) in the past, but did not see their "limited" signage.

I was getting stuff from the bakers for my Mum who is not very well. I did not park there
knowing I was in the wrong. I was brought up in Patcham and they also have a huge car
park at the back. I thought innocently that it would be ok. I was there for 20 minutes.

Thanks for those genuinely trying to help.

But not for messages along the lines of "you should have known it penalty and don't be so selfish".
I didn't know and the car park was empty - so wasn't really being selfish.

Tbf to you or your ‘friend’ the signs are somewhat limited in that car park warning people

 

[essbee1]

Tbf to you or your ‘friend’ the signs are somewhat limited in that car park warning people

View attachment 170213View attachment 170214View attachment 170215

when you come in from the main road - you see f*** all.

 

[Paulie Gualtieri]

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.

Why did you your friend get a ticket?

 

[Paulie Gualtieri]

He doesn't even say whether he was with his friend when they got the ticket!!!

Close by I reckon

 

[drew]

The camera system they now operate came in in Sept. I asked Miller and Carter. I don't
live in Brighton and was driving down from Kent. I have parked there occasionally in the
past (and stayed at the hotel they have) in the past, but did not see their "limited" signage.

I was getting stuff from the bakers for my Mum who is not very well. I did not park there
knowing I was in the wrong. I was brought up in Patcham and they also have a huge car
park at the back. I thought innocently that it would be ok. I was there for 20 minutes.

Thanks for those genuinely trying to help.

But not for messages along the lines of "you should have known it penalty and don't be so selfish".
I didn't know and the car park was empty - so wasn't really being selfish.

Nice try.

Perhaps if you had been a bit more forthcoming with your first post it might have been different.

No surprise you decided to try the GDPR route rather than a 'miscarriage of justice' route.

Good luck with your appeal.

 

[Cheshire Cat]

On a private car park, you don't pay a fine. You are actually being sued for breach of contract.

 

[Chicken Run]

when you come in from the main road - you see f*** all.

This is at the entrance to the car park immediately off the main road

 

[albionant]

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.

Under Article 17 of the UK GDPR individuals have the right to have personal data erased. This is also known as the 'right to be forgotten'. The right only applies to data held at the time the request is received. It does not apply to data that may be created in the future.