Highview Parking breach of GDPR

[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

[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.

 

 

[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 It might be out of date.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.

[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.

[FTMDave]

[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.

[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.

 

 

 

 

[FTMDave]

I've just come across a post made by, er, me, which I'd completely forgotten about, with links to previous GDPR victories:

 

https://parking-prankster.blogspot.com/2017/08/cp-plus-lose-data-protection-claim.html

 

https://parking-prankster.blogspot.com/2017/07/parking-awareness-services-to-pay-400.html

 

https://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html

 

It seems pretty easy to bring a claim.

 

I don't see how they can have any defence at all for pursuing you for overstaying a one-hour limit when in reality the limit was longer and you hadn't overstayed.

[FTMDave]

I see the clock is ticking and nearly a month has passed.  Any reply from the fleecers?

[FTMDave]

You did send a SAR to Highview, right?

[FTMDave]

On 14/07/2022 at 20:47, JackD13 said:

 

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

I think it was a mistake not to SAR Highview. 

 

However, I'm away from home until Monday and have little time to deal with this. I'll try to contribute tomorrow evening. 

[FTMDave]

There's nothing wrong with having a discussion on the forum, indeed I for one have been corrected on several occasions and have increased my knowledge as a result.

 

However, we need to reach a conclusion for the OP so I've flagged the thread up to the Site Team.

 

To me, the OP has been in dispute with Highfield Parking who 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/  They are a completely different company.

 

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

 

Similarly VCS and Excel share an office and are part of the Simple Simon Charlatan Group, but they are separate legal entities.  Indeed Caggers have won cases when Simon tried to sue as VCS for an Excel car park, for example.

 

Reading Fruitsalad's point about getting a move on, the OP could use Highview's disappearing website and the confusion thus caused as a genuine reason for delay.

[FTMDave]

From feedback I've had from other Site Team members, you need to SAR Highview Parking Ltd and while you're at it also Ranger Services Ltd.

 

Ranger's behaviour is not as bad as Highview's, as they didn't start a vexatious court claim, but they did apply for your details without doing any due diligence so you can go for them as well.  They are part of Group Nexus.

 

If you can, get that done today by 1st class post.  Get the usual free Certificates of Posting.  Stick in some I.D. otherwise they will use lack of I.D. as an excuse not to reply

 

 

 

 

[FTMDave]

Any update?