Highview Parking breach of GDPR

[JackD13]

I'm happy to go down this route unsure how we prove which sign was up at the time.

 

Where do I go for this advice? Would I email highview first?

 

[dx100uk]

try google earth and rollback the time line

most areas have many pervious years you can switch too in you view

 

dx

 

[FTMDave]

Just tried that dx but I can't get a close up of the signs.

[FTMDave]

2 hours ago, JackD13 said:

Where do I go for this advice? Would I email highview first?

The fleecers obviously won't cooperate in you hammering them.

 

Plan A - try dx's suggestion, it might just be me who's useless with the computer!

 

Plan B - SAR the fleecers.  They might be stupid enough to include the sign.  Put in some I.D. otherwise they will use it as an excuse not to cooperate.  And get a free Certificate of Posting from the post office, so if they don't reply you'll have another reason to sue them!

 

Plan C - would it be possible for you to easily go back to this car park and photograph the signs?

[FTMDave]

Ho!  Ho!  Ho!  Ho!  Ho!

 

https://www.urbanexchange.co.uk/

The heart of The Basin _ Urban Exchange — Mozilla Firefox 11_07_2022 15_13_08.pdf

[brassnecked]

Looks like their goose is cooked

[JackD13]

Plan A - I had a quick look on google ma ps and found the attached. HistoricImages.pdf

 

Plan B - I can SAR the fleecers again, I'll have to go through my previous notes to remind my self of the process.

 

Plan C - I can  go back to the carpark, I am close to the area tomorrow and also Friday.

 

Let me know if you need any more info!

[FTMDave]

Great work by you & dx.  I don't think there's any need for Plans B or C.  It all looks pretty straightforward.

 

You remember the limit being 90 minutes.  You have a Google Maps historical photo showing 90 minutes.  The fleecers' representative sent a photo saying 90 minutes.  The car park website states 90 minutes.

 

Oh dear oh dear oh dear Highview.

 

 

[JackD13]

Slight oversight on my part - I thought the signs were dated March 2017 but Google maps has a bad habit of jumping around in terms of dates.

 

We have photo evidence of the signs being up in May 2018 would this be enough?

 

 

[stu007]

Hi

 

For info this link breaks down the GDPR into more simple terms so you can see what is meant to be done and how it is done for each of the different Articles of the GDPR: (I use this link all the time as it is used by most Housing Associations/Councils) it give you a better break down of the Articles and sections contained within it and how the Processing of Data should be done, you use these against them

 

Table of contents EU General Data Protection Regulation (EU-GDPR). Privacy/Privazy according to plan.

WWW.PRIVACY-REGULATION.EU

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Easy readable text of EU GDPR with many hyperlinks.

 

How did Highview ask for the OPs Data from DVLA (i.e. what did they send to DVLA) and how did DVLA verify such a request from Highview before processing the OPs Data and then sending the requested Data it to Highview.

[lookinforinfo]

I have looked at the Wayback machine which says that in  October 2017 the car park was free for two hours.

 

Home - Urban Exchange

WEB.ARCHIVE.ORG

 

[FTMDave]

Tackling a GDPR case will involve some serious learning, at least for me, but of course there's time, the claim doesn't need to be issued immediately.

 

We have a sticky where you ask the DVLA who has been after your data  https://www.consumeractiongroup.co.uk/topic/409717-letteremail-to-contact-the-dvla-to-see-who-has-been-requesting-andor-accessing-your-data-registered-owner/  It might be out of date.  Anyway, go for it and see.

 

Also SAR Highview.  Stick in some I.D. otherwise they will use lack of I.D. to delay replying.  There should be info in the SAR about their contact with the DVLA about you (and if they don't reply, another reason to sue them!)  Get a free Certificate of Posting from the post office.

 

Also separately complain to the DVLA that they gave your details to a bunch of fleecers who used them to start a vexatious court case which was laughed out of court, and what are they going to do about it?  Briefly explain you always respected the 90-minute limit and did nothing wrong.

 

That's a start.  Meanwhile I'll read and take advice from people experienced with GDPR.

[FTMDave]

19 hours ago, stu007 said:

how did DVLA verify such a request from Highview before processing the OPs Data and then sending the requested Data it to Highview.

I think either Highview individually or their trade association collectively have an agreement with the DVLA (KADOE???)  All stuff to read up on.

 

Thanks for this stu.

[FTMDave]

Regarding a complaint to the DVLA, stu007 has kindly found this

 

https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=46897&key=522d71c7358d8af48786620effd19e2c

 

What to do if you suspect your details have been obtained unlawfully

While we are keen to make sure information is only released in appropriate circumstances, we have no
authority to arbitrate in any dispute. Any disputes over the circumstances leading to an incident must be
decided between the relevant individuals.

If you think your details have been misused or obtained fraudulently, write to us at:
Data Sharing Strategy and Compliance Team
DVLA
Swansea
SA99 1DY
Or email [email protected]

 

You need to tell us the vehicle registration number and explain how the information has been misused.
We will investigate all allegations of information being requested unlawfully

 

So complain to the DVLA.  You parked in a car park managed by Highview and respected all rules, including the 90-minute free-parking  limit (attach the old photo).  A photo from Highview's legal representative confirms the 90-minjute limit (again attach).  The retail park's own website shows 90 minutes (again attach).  Yet Highview obtained your personal data from the DVLA for no reason, sent you a PCN which didn't state what you had done wrong, started a vexatious court case, and lied in a Witness Statement to the court that the limit was 60 minutes.  Their case was laughed out of court.  None of this would have happened if the DVLA hadn't handed over your data.

 

Their is a lot of GDPR stuff to read and it will take me some time to gen up, but these steps are at least a start.

[FruitSalad1010]

Quote

Tackling a GDPR case will involve some serious learning, at least for me, but of course there's time, the claim doesn't need to be issued immediately.

 

While there is no immediate rush there is case law that shows judges will take into consideration when awarding damages any significant delay in issuing a claim.

In order not to fall foul of this, personally I would wait no longer than 4 weeks and certainly no longer than 8 weeks before issuing a claim or at least sending a letter before action.

[FTMDave]

I didn't know this, FruitSalad.  Thanks.

 

So the OP needs to get on with the above, as the fleecers have 30 days to respond to a SAR.

[JackD13]

Apologies - been busy with work this week but have seen the emails coming through! Actions for me to do

 

• Complain to the DVLA
• SAR Highview
• Once highview have replied to the SAR then send a letter before claim??

I'll get the ball rolling on the top two points now and send tomrrow!

[FTMDave]

[stu007]

Hi

 

With your SAR Request make sure and use this simple phrase 'ALL DATA' that means whatever format they hold that data in whether it be written, email, phone calls etc. Also make sure and add that you require the specific letter/email from Highview that had their Reasonable Cause sent to DVLA requesting DVLA process your Data under that Reasonable Cause for a Parking Offence.

 

One thing to bear in mind if Highview refuse to send a copy of that reasonable cause letter/email is they were processing your data when they photographed your car and sent you that image of your car.

 

What I would also suggest doing is a separate letter to Highview requesting both Information Commissioners Office (ICO) registration numbers for both Highview Parking Limited and GroupNexus Limited.

 

Also for info Highview Parking Limited Registration Number with the Information Commissioners Office (ICO) is: Z1038597

 

Information Commissioners - Data protection register - entry details

ICO.ORG.UK

 

I am sure you are probably already aware that Highview are now part of GroupNexus its in GroupNexus Privacy Policy: (Note: virtually at the bottom of the privacy policy link is the details to send any request to there Data Protection Officer)

 

Privacy Policy - GroupNexus

GROUPNEXUS.CO.UK

 

GroupNexus Company Number: 11309569

 

GroupNexus Companies House Link:

 

GROUPNEXUS LIMITED filing history - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

GROUPNEXUS LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual return...

 

Due to the above and I am sure other will correct this if I am wrong as this is not my specific area but when you write your Letter Before Action (LBA) I would name both Highview and GroupNexus in that letter Before Action (LBA)

 

[JackD13]

Apologies for the delay - i was away on holiday. 

 

I have sent an email of complaint to the DVLA and also Group Nexus. It was a little unclear from the above so i decided to SAR them both for good measure.

 

This was to group Nexus

• ALL DATA YOUR COMPANY HOLDS AGAINST MY NAME whatever format you hold that data in whether it be written, email, phone calls etc.
• The letter/email from Highview that had their Reasonable Cause sent to DVLA requesting DVLA and Highview process and my Data under that Reasonable Cause for a Parking Offence.
• Both Information Commissioners Office (ICO) registration numbers for both Highview Parking Limited and GroupNexus Limited.

This was to the DVLA:

 

 

• ALL DATA YOUR COMPANY HOLDS AGAINST MY NAME whatever format you hold that data in whether it be written, email, phone calls etc.
• The letter/email from Highview that had their Reasonable Cause sent to DVLA requesting DVLA and Highview process and my Data under that Reasonable Cause for a Parking Offence.

 

 

Have i covered everything required?

Edited July 21, 2022 by JackD13

[FTMDave]

I too have been busy and am trying to read up now.

 

So if you've complained to the DVLA and SAR'd Highview/Group Nexus, that is a good start.

 

Let's see what comes back from them.

[brassnecked]

Main thing is to show Highview's reason for accessing and processing the data was invalid, therefore unlawful, that will sit at the heart of your claim.

[lookinforinfo]

Might be an idea to check your credit files. Nothing should have been put there from HV but you need to  be sure.

[brassnecked]

If they have that's somethingfelse to clobber them with.

[FTMDave]

There is a load to read up on here and I haven't done it all due to limited time, so I'm probably bringing up points in the wrong order.

 

However, if this gets to Letter of Claim stage, who does the OP go after?  Highview Parking Limited still exist.  They have changed their address to GroupNexus' address, but they are still active  https://find-and-update.company-information.service.gov.uk/company/05541862

 

 

I see GroupNexus is a trading name of CP Plus Limited, bottom of page at  https://groupnexus.co.uk/

 

It seems to me that Highview are the legal entity to pursue.