This car park has an interesting problem...or is it a deliberate tactic?
The ticket machine requires you to put in your registration number. The ticket then prints the correct registration number you input on the ticket it delivers, but back at Smart Parking HQ their IT shows a slightly different registration number. Well Smart say it does. Smart then pursue the driver for not putting the correct vehicle registration number into the machine - even if you pay for the amount of parking you use.
Don't use the car park if your reg number include 01; 02; 03; 04; 05; 06; 07; 08 ;09. Smart Parking IT at their HQ reveals that you input O1;O2; O3; O4: etc. Yes, the zero becomes a capital "O".
Having improperly obtained your personal data from the DVLA - because when they apply for your data they somehow manage to give the DVLA your 04; or 06 or whatever number correctly rather than O4/O6 or whatever, they then demand money. If you don't pay then they process your data on to Debt Recovery Plus who just add about £60 on to the alleged debt.
If you use a Smart Parking managed car park keep your parking ticket so that you can show the court that you inputted the correct registration number. Smart Parking seem to blame the motorist for the failure of their IT.
This has been sent out so that the powers that be may take action over this conduct
Re Smart Parking limited (CC to Hannah Johnson at Debt Recovery Plus)
To The DVLA
I would advise that the above company obtained my personal data from your office on or about the 25th May 2016. It was alleged by this company that
1. I did not pay for the time I parked, and/or
2. That I inputted the incorrect registration number of my vehicle
The claim was wholly without foundation such that under the terms of your KADOE contract with Smart Parking it was not entitled to my personal data.
Smart Parking subsequently further processed my personal data, unlawfully, by passing those details to Debt Recovery Plus. I have since had about half a dozen letters demanding money and making unwarranted demands for payment.
I am forwarding a copy of the Notice to Keeper and my response to the claim. You will observe that the correct registration number was inputted into their machine as evidenced from the ticket that their machine issued. You will also observe that I paid for my parking and left before my time was up.
Smart Parking are clearly in breach of your contract and you were tricked into processing my data without just cause. I trust that you will take appropriate action against the Company - preferably their suspension from any further access to keeper data until it has learnt to comply with the rules
To DRP /Smart Parking
Having unlawfully obtained my personal data and then unlawfully processed it you are in breach of the provisions of the Data Protection Act. You are also misusing this data by claiming that I am indebted to you when you have no lawful reason to do so.
S13 of the Data Protection Act 1998 states that
(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage
(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if –
(a) the individual also suffers damage by reason of the contravention,, or
(b) the contravention relates to the processing of personal data for the special purposes.
The regular unwarranted demands from you and DRP are clearly distressing and for which I am entitled to compensation. I am sure that you will have had the case of VCS v Phillip, in the Liverpool County Court drawn to your attention. The motorist there also had an invalid claim against him. The judge awarded £250 for a breach of the Data Protection Act.
Please therefore remit the sum of £250 to myself within the next 14 days. I will accept this sum in full and final settlement of my claim under the DPA. My claim under the Protection from Harassment Act remains outstanding. I reserve the right to take legal action without further notice if this amount is not paid.
TO the ICO
Please note that both Smart Parking and DRP process data unlawfully and unfairly. Can you please take appropriate action against both companies. I refer you to my letter to the DVLA (attached) which sets out the situation).
TO the BPA
Your Member Smart Parking is in breach of the terms and conditions of its membership of the BPA and I trust that you will take appropriate action rather than support this wholly unlawful conduct. Preferably to terminate their membership unless this is the kind of standard you support. I refer you to my letter to the DVLA (attached) which sets out the situation).
The Parking Prankster