[Help] GDPR question (hypothetical, of course)

[Weststander]

The lesson: don't park on land belonging to others, unless you're solely legitimately using their services.

 

[Thunder Bolt]

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

It's an invoice not a fine. Only the police or council can fine you. @Westdene Seagull or @LadySeagull can advise.

 

[southstandandy]

Also if your friend was using the Miller and Carter car park legitimately and using their restaurant and got a ticket they won't have a leg to stand on. I would definitely take them on if this is the case and show them your receipt from the restaurant or on your credit card.

 

[Weststander]

Also if your friend was using the Miller and Carter car park legitimately and using their restaurant and got a ticket they won't have a leg to stand on. I would definitely take them on if this is the case and show them your receipt from the restaurant or on your credit card.

It was a long meal.

 

[Chicken Run]

It was a long meal.

20 minute visit to the bakery

 

[nickbrighton]

Also if your friend was using the Miller and Carter car park legitimately and using their restaurant and got a ticket they won't have a leg to stand on. I would definitely take them on if this is the case and show them your receipt from the restaurant or on your credit card.

it appears the OP (or his friend )parked there for 20 mins why shopping in Patcham, didnt use the pub, didnt read the big sign as you enter , didnt see all the cameras, didnt see the signs elsewhere in the car park (see previous posts and pics) and feels he shouldnt have to pay- I think thats the gist. If that is correct then its the OP who has no legs to stand on

 

[Chicken Run]

Also if your friend was using the Miller and Carter car park legitimately and using their restaurant and got a ticket they won't have a leg to stand on. I would definitely take them on if this is the case and show them your receipt from the restaurant or on your credit card.

You’ve been whooshed

 

[Chicken Run]

it appears the OP (or his friend )parked there for 20 mins why shopping in Patcham, didnt use the pub, didnt read the big sign as you enter , didnt see all the cameras, didnt see the signs elsewhere in the car park (see previous posts and pics) and feels he shouldnt have to pay- I think thats the gist. If that is correct then its the OP who has no legs to stand on

There are 7 of those big warning signs in the car park and two camera towers, random parkers not using the facilities there were clearly pissing off the owners

 

[Weststander]

You’ve been whooshed

A friend of a friend, trespassed.

 

[nickbrighton]

There are 7 of those big warning signs in the car park and two camera towers, random parkers not using the facilities there were clearly pissing off the owners

which to me is fair enough. I sometimes park where I shouldnt, BUT if I get a charge then thats a risk I am happy to take, I used to park in a hotel carpark opposite heywards heath hospital when I was undergoing checkups every couple months for example, and If I get caught I reckon all the times I havent paid more than cover the cost.

The issue of extortionate and limited parking in Brighton is a legitimate question, but parking on private land and then bitching cause you got caught isnt

 

[Joey Jo Jo Jr. Shabadoo]

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.

The right to be forgotten will not apply to data held by the DVLA all the time an individual holds a driving licence or is the registered keeper of a motor vehicle, there is a legal requirement for them to hold that data.

 

[Stat Brother]

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.

For me it's not a case of 'you should have known' - more an issue with the 'how dare they fine me' once caught.

This smacks of just how far down the pernicious car culture rabbit hole we've gone.

As a yoof I'd all but abandon my car wherever I wanted.
I tend not to speed NOW.
I am still very occasionally prone to rat run 'local knowledge'.
Although I am aware I don't own the road outside my house.

So I'm not writing this as 'im considerably better than you' and the you in question being the almost weekly poster who has been unjustly ticketed, not a 'you' personally.

The reason these awful companies can 'get away with it' is because we are all bubbled in our car, completely oblivious to the world around us.

Anything that tries to burst that bubble is met with a torrent of 'you can't do that' toy throwing, instead of 'wow I really wasn't paying attention, that's scary'.

 

[studio150]

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.

Somewhat edited version of Article 17, and raises the question as to why, the first condition wasn't referenced.

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

Clearly the registration of a vehicle including the name and address of the registered keeper, is required for the whole time that the vehicle is registered given the legal duties that attach.

 

[Paulie Gualtieri]

Also if your friend was using the Miller and Carter car park legitimately and using their restaurant and got a ticket they won't have a leg to stand on. I would definitely take them on if this is the case and show them your receipt from the restaurant or on your credit card.

If not, maybe the bakery will pay it?

 

[essbee1]

View attachment 170219
This is at the entrance to the car park immediately off the main road

Not if you drive properly.

 

[Shropshire Seagull]

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

So, your last legal option is the Unfair Contract Terms Act. When I did contract law at uni this was covered as a case law precedent. The case revolved around the positioning of a sign on the back of a hotel bedroom door stating the hotel were not responsible for any loss. It was argued this sign was not obvious to the resident due to its positioning and the judge found against the hotelier.

Search unfair contract terms act case law for chapter and verse ....

Oooh, just seen another poster claim there are 7 signs on display at the car park in question.

Pay up chap, looks like a fair cop!

 

[Westdene Seagull]

Same advice as always - don't appeal until you've read the Newbies thread on MSE. Then use the template and don't give away who was driving. Euro tend to back down quickly. If they don't then it's easy to beat them at POPLA.