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EPS breach of GDPR


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having given it some thought i do feel they the fleecers need to be held to account for the complete disregard of data protection regulations and for the unwarranted processing of my data , so with your guidance and support i am happy to proceed with that process

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OK.

 

Please bear with us for a little while with it being nearly Christmas.

 

I have to work quite hard this week but I'll have loads of time free over the festivities and promise to dig out the other thread I mentioned and get back to you.

 

IIRC GDPR breaches have to be dealt with promptly but with the holidays intervening, the start of January ought to be fine.

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The work week is over and finally there is time free to have a look at this.

 

I've split the GDPR part off as a new thread as it will be a separate court claim.

 

When you have time read posts 10-24 at  https://www.consumeractiongroup.co.uk/topic/450568-highview-parking-breach-of-gdpr/#comment-5173842  The steps to start a claim for breach of GDPR are explained. 

 

(This is the thread I've previously mentioned where a motorist wanted to sue for breach of GDPR but at a certain point they disappeared, quite possibly because a mistake had been made about which company to pursue and they may have got fed up.)

 

The initial action would be to follow post 12 and contact the DVLA to find out who has been accessing your data.

 

Note FruitSalad's post 15.  This doesn't mean you have to give up your Christmas to deal with this!  But it will need to be done at the start of January.  If you could get the DVLA mail off sharpish that would be good, the template is there and it should only take a minute.

 

Obviously Christmas is upon us but please come on when you are able to work on this.

 

And although we haven't much GDPR breach history on CAG, there is plenty on the web, victory is perfectly possible.  Have a good chuckle at these three short threads:

 

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

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Thanks for this FTMD , it’s appreciated . I haven’t been on line much recently with Christmas and also dealing with a family bereavement but will have some time now this week to read through the thread and posts you shared and will come back then . Will aim to get the e mail or letter off as suggested over the next few days once I have the read through 

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Hi

 

Just for reference when it comes to GDPR this link provides a breakdown of the GDPR and the different Articles in simple terms 

 

WWW.PRIVACY-REGULATION.EU

Easy readable text of EU GDPR with many hyperlinks.

 

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I have read through posts 10 to 24 , and the three short threads you shared , interesting reading.

Iif my understand is correct , the crux of the claim will centre around the lawful basis for processing data , and the position that this did not exist for EPS in my case

So if reading correctly my next steps are to e mail dvla to find out who has been accessing my data and to complain about the data being issued without just cause , an dm to send SAR to EPS 

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Yes, spot on. 

 

Find out from the DVLA who has accessed your data.  Of course we know it is EPS.  However, best to get all your ducks in a row.  For example, in the other CAG case I mentioned, the PPC had used a third party to access data so there were two entitles to pursue.

 

Yes, SAR EPS.  Given the postal strikes, this can be speeded up by e-mail.  I've seen on their site - General Data Protection Regulation gives you the right to access information held about you. You can access personal data we hold of you by sending an email to [email protected]

 

(We normally say not to use e-mail when dealing with PPCs but here you are after them, and in any case e-mail contact can be stopped later down the line).

 

The complaint to the DVLA is a secondary matter and can wait.

 

If you can, get both these off today and get the ball rolling.

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i have put together  and sent the respective e mails to both EPS and DVLA using the relevant templates as a base.

Interestingly the EPS one bounced back with the message that the address could not be found or is not accepting e mails. Will pop a letter in the post tomorrow with proof of postage

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How about: [email protected]

From their website...

 

I do believe that they must respond to a SAR whichever route the request reaches them by?

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Hi

 

Well according to Euro Parking Services you can email there Data Protection Officer under there Privacy Policy:

 

EUROPARKINGSERVICES.COM

 

You can contact them by email: [email protected]

 

So you are aware Euro Parking Services ICO Registration Number is ZA093552

 

 

 

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i spoke to soon , after quite sometime the e mail also bounced back. I sent again from an alternative e mail address, same result. 

 

Popped a copy in the post to EPS now , and have proof of postage.

 

 

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Someone on another thread today had a mail to the DVLA address bounce back.  Has this not happened to you?

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the EPS e mails were delivery status notifications , delivery failure 

 

The DVLA e mail wasn't a bounce back i.e delivery failure but i san automated response sign posting e mail addresses for specific topic areas and that if the request sent to [email protected] was not for a large data set it would not be responded to 

here is the wording received from the dvla auto response:- 

 

DO NOT REPLY TO THIS EMAIL

Thank you for your enquiry.

This email address is explicitly for the large volume datasets, or similar large data sets, as described at 
www.gov.uk/data-requests-dvla. It is not for the use of Individuals, complaints, Police Enquiries, FOIs or SARs.

PLEASE NOTE: Any request that is not specifically relating to the request of a large data set will NOT be responded to.

Subject Access Requests (SARs): [email protected]
Freedom of Information Requests (FOIs): [email protected]
General DVLA Queries or Individual/s requests: 
https://www.gov.uk/contact-the-dvla
Vehicle Enquiries: https://www.gov.uk/get-vehicle-information-from-dvla

Thank you

Data Sharing Strategy & Compliance Team
Strategy, Policy & Communications Directorate
C2E | DVLA | Swansea |
Twitter: @dvlagovuk

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It's damn confusing, isn't it?

 

Yes, my reading of it is like yours.  Send to that address too and see what happens.

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looking at that again its not an e mail address its a link to the gov.uk website and looking around on there there isnt anywher eobviosu to send this request.

 

its confusing , probably deliberately so  

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You're right!

 

1.  I've just been through the process.  After ages I got to  https://contact.dvla.gov.uk/vehicle/capture_personal_information?locale=en

 

2.  I chose "Request information or a form from us, check your details or report an untaxed/abandoned vehicle" then "Requesting information from DVLA vehicle records" then "Advice on the release of information from DVLA records ".

 

3.  They then sent me a standard e-mail about all the great work they do with drivers' personal information.  The last few lines of the stupid mail are

 

Do not reply to this email. If you wish to contact us again about this response then please use our reply form link or copy and paste the following URL in to your browser:

https://contact.dvla.gov.uk/response?response_type=vehicle&email_case_id=QG4PfoUBj1TYATYkqd3_

 

Best Regards

 

4.  I clicked on their "reply form link" and could finally write to them.

 

What a palaver.

 

Good luck!

Edited by FTMDave
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so following the process outlined by FTMD i was taken to an on lime form where i provided personal and vehicle information , and where there was a message box which is where i added the request detail regarding who has been accessing my data as per the template from previous threads 

 

i have received the following response from DVLA auto generated,

 

This is a system generated acknowledgement - Do not reply to this email.

Thank you for your enquiry.


We will make every effort to respond within 3 working days, but due to limited resources it may take us longer to respond than usual. Thank you for your understanding.



Twitter: @dvlagovuk | Facebook: dvlagov

Please Note: If you do not appear to have received a reply within 3 working days, it would be advisable to check any 'Junk Mail' or SPAM filters which may be installed on your system, prior to any further contact, as our reply may have been blocked in error.

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just keeping you all in the loop , reply received back from the dvla , acknowledging receipt of both the e mail which indicated it was for large data requests , and the subsequent request following the process outlined by FTMDave.

 

see below 

 

nothing back yet from the fleecers at EPS

 

Dear Mr xxxxx,

 

Thank you for your enquiry.

 

We appreciate that you have taken the time to contact us in relation to this matter.

 

Upon checking the record, I can see we have a case set up on the 04/01/2023 in relation to your query.

Emails received for SAR requests email will be answered within 30 calendar days.

 

I trust this is of assistance to you.

 

Do not reply to this email. If you wish to contact us again about this response, then please use the link below: 

 

https://contact.dvla.gov.uk/response?response_type=general&email_case_id=2e7_gYUBmI93lQEgULtg

 

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So DVLA treated my request for information as an SAR according to the communication i received from them. DVLA are stating that according to there have been no request for data connected to the vehicle DS16 AOX.

 

We know that cannot be correct as the fleecers got my registered keeper details from somewhere? 

 

thoughts on this ?

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