Car Park Privacy Notice

Privacy Notice Statement

This Privacy Notice relates specifically to the Saunton Beach Car Park site that we operate and manage using fixed Automatic Number Plate Recognition (ANPR) cameras and CCTV cameras.

 

This Privacy Notice is aimed at informing you how we may use and collect your personal data, what our reasons are for using your data and how we ensure we take steps to ensure that we do so in a secure and appropriate manner to protect your data. This policy is also designed to inform you of your specific rights under the current Data Protection Legislation.

 

We are Saunton Beach Enterprises Limited (“the Company”) whose registered office is at 47 Boutport Street, Barnstaple, Devon, United Kingdom, and EX31 and are registered in England & Wales under Company No. 08267727.

 

The Company is registered as a “Data Controller” with the Information Commissioner’s Office (ICO) and our registration number is ZA171957.

 

What Information Do We Collect?

We operate and manage Saunton Beach Car Park using Automatic Number Plate Recognition (ANPR) systems, we collect images of all vehicles entering and exiting the car park/site using the Parkeon system.

This will include specifically recording the details of vehicles registration mark (VRM) or number.

In the course of managing the car park/site we may also need to collect additional information which can include:

• Payment details when payment is made for parking
• Customer details and basic information about you if you are a Season Ticket Holder
• Contact details if you make contact with us (which may include telephone numbers, email address, postal address)

 

In the event that you receive a Parking Charge Notice from us, we may have obtained or been provided the following additional information by the DVLA:

• Registered Vehicle Keepers details (Name, Postal Address)
• Hirer details (Name, telephone number, email address and Serviceable Postal Address)
• Driver details (Name, telephone number, email address and Serviceable Postal Address)
• Details relating to health condition in respect to Blue Badges
• Credit Reference information (previous known addresses, aliases, associated persons and

County Court Judgements)

 

Telephone Calls – We may record telephone calls for both training and evidential purposes. The call recordings will include information provided by you, and will be used in accordance with our reasons outlined below.

 

What Are Our Reasons For Collecting This Information?

We may collect and use the data for a number of reasons and purposes as outlined below:

 

Statistical Analysis

We use anonymised registration details (i.e. No Keeper Information obtained) to be able to map or profile the use of our site. The statistics collected tell us how the car park is used,

what the profile of traffic flow is, and how customers choose to pay for their parking.

 

Access Control

We use registration details, which may include vehicle keeper, hirer and driver details to ensure that only authorised vehicles which are registered with either ourselves or our Clients are permitted access to the car park/site.

 

Parking Management

We use the information collected to ensure compliance and be able to identify the liable party

responsible and obtain a settlement when a parking contravention occurs and the Car Park/Site

Terms and Conditions have been breached, resulting in a Parking Charge Notice (PCN) being issued.

 

Security & Crime Prevention/Detection

We use the information collected by the ANPR cameras and CCTV cameras to ensure the security of the car park/site we operate and may be required to use the information to assist the Police or Other UK Statutory Enforcement Agencies in their enquiries or investigations.

 

What Is Our Lawful Purpose For Using Your Personal Data?

Where we use your personal information, we do so using the following lawful purposes, in accordance with the current Data Protection Legislation.

• Legitimate interests – necessary for our legitimate interests or those of a third party unless there is good reason to protect your personal data which overrides those legitimate interests. For legitimate interests are not limited to, but do include the pursuit and recovery of any charges following from the recording and issue of Parking Charge Notice issued to your vehicle or a vehicle being driven by you.
• To perform a contract or an agreement with you, which may include the provision of Season Tickets, parking services, or car park control.
• Performance of a task in the public interest/performance of official functions:processing is necessary for performance of a task in the public interest or for your official functions and the task/function has a clear basis in law. e.g. Providing information to the police or other third parties in the interest of security and crime prevention/detection
• Legal Obligation – where we are required to provide information by law.

 

By using/remaining on this private land, you give us your consent to obtain and release your personal data.

 

For the avoidance of doubt we are clear to advise that we DO NOT rely under any circumstances on your express consent as a reason for processing personal data and therefore do not need to request consent in advance or seek permission to do so.

 

Where Do We Obtain Your Personal Data From?

Depending on the reasons for processing your data, we may obtain your personal information from one or more of the following sources:

• From you directly – You may provide us this information in relation to requesting products/ services from us (e.g. purchasing a season ticket), or in relation to you appealing a Parking Charge Notice
• From the Registered Vehicle Keeper – The Registered Keeper may identify you as the driver

or hirer in respect of a Parking Charge Notice being incurred.

• From the Driver & Vehicle Licensing Agency (DVLA) – We may as an Approved Operator and a member of the BPA request from the DVLA, vehicle keeper details for any Parking Charge Notice issued by ourselves.
• From Credit Reference agencies – We use Experian and may obtain Consumer Information

Reports and a person, where a PCN remains unpaid. This report may include information

from various sources including Electoral Roll records and Public Records incorporating Court

Records.

• From our Client – Depending on the nature of the services we are providing, the information

 

What Rights Have We Got To Access Your Data In This Manner?

There are a number of reasons we are permitted to obtain and use your personal data in this way, which in the first instance is because you have contracted with us, used/remained on private land, or engaged with our services and we need to use your data to deliver that service.

 

In the event that you have received a Parking Charge Notice (PCN) from us then we are permitted to obtain data and pursue the recovery and settlement of this charge under one or more of the following reasons:

 

• Contract Law – As the Driver of the vehicle when a contravention was recorded by us. You

are the liable party responsible for the settlement of the charge and therefore you entered

into a contract with us, where the Terms & Conditions of use were displayed on signage

around the car park/site.

• We are able to exercise our rights to pursue a charge as derived from the Supreme Court

Ruling in ParkingEye Limited v Beavis [2015] EWCA Civ 402

 

• Road Traffic Regulations Act 1984 – At sites that we operate for Clients we issue an

In England & Wales we also have the rights to seek recovery of any unpaid Parking Charge under:

• Schedule 4 of the Protection of Freedoms Act 2012

Who Do We Share Your Data With?

Where we use your personal information, we may share data with the following organisations but only in consideration of the purposes outlined above for which it was collected in the first place. We do not disclose or use your data for any other purposes such as marketing.

Organisations who we may share some of all your data with include:

• The Driver & Vehicle Licensing Agency (DVLA)
• The Police and other Law Enforcement Agencies
• Debt Recovery Agencies that we use in England, Wales and Scotland for the recovery of

unpaid Parking Charge Notices

• Law Firms that we use in England, Wales and Scotland for the recovery of unpaid Parking

Charge Notices

• The Independent Appeals Service (IAS) in relation to an appeal against a PCN
• The Court Services including County Court, Sheriffs Court, The High Court and Magistrates

Court.

• Where we process Data specifically on behalf of our Clients, we may share some data with

 

How Long Do We Hold Your Data?

Images of vehicles are not normally stored for more than 7 days, but this depends upon how busy the car park is. The images are stored locally on the cameras and not on the server. We use Pulsar software to the camera and obtain an image. Once the camera memory is full, the oldest image is overwritten by the newest one and from that point forward the old image is lost and cannot be re-viewed.

The number plate data, along with data regarding the duration and time of your stay, is stored on the server as a ‘historical’ parking session,but this does not have any personal details associated with it.

 

Where we use your personal data we will only hold the information for as long as is necessary for the purposes for which it was collected and in line with any contractual or legal obligations that we are required to adhere to. In principle we hold data in accordance with the following retention periods:

• Statistical information – Anonymised Data retained for up to 3 years
• Financial Records & Payment data – Held in accordance with HMRC requirements for a period

of up to 7 years from point of transaction

• Registered Keeper details – Evidence has to be retained for a period of two years from point

of requesting information from the DVLA

• Liable Party details – We may retain information relating to an unpaid Parking Charge Notice

in accordance with the current statutory limitations on debts, which is 6 years in England and

Wales.

 

• Settled PCN data – We may retain details regarding the settlement of a Parking Charge

Notice for a period of up to 1 year after the date of settlement and will retain further

information in relation to this in accordance with the other obligations we are required to

meet.

 

How Do We Store Your Personal Information?

We ensure that your data is held and treated with the strictest of confidence and endeavour to take all appropriate steps to keep it secure, once it has been transferred into our systems or those of processors who may handle data on our behalf.

We will store primarily all information in an electronic format, which can include in document formats, images and database records. Where we receive hard copy information such as letters or other correspondence, this information is transferred into electronic copy and the hard copies are stored for a period before securely being disposed of.

Our data storage systems incorporate up to date information security controls and we employ active firewalls and commercial data encryption services to protect the data we hold. When we transfer data to third parties, we only do so in a secure electronic format and ensure that this data can only be received and used by the intended parties for the reasons we have given.

 

Where Do We Store Your Personal Information?

We only store your personal information on our data systems which are run on data centres operated and hosted explicitly here within the UK. We do not transfer any personal data outside of the UK, except in the explicit circumstance where the data relates to a Non UK Registered Vehicle or a Non UK Resident, in which case we may engage with appropriate agencies in the relevant Country of origin or domicile.

 

Do We Use Your Personal Information In Automated Decision Making Processes?

We do not use your personal information in any automated decision making processes. All our

processes and systems require some form of user input or confirmation, when processing or handling decisions which incorporate your information.

 

Your Rights Under Our Policies

We comply with the requirements of the General Data Protection Regulations to uphold your rights to Privacy. We have ensured that within this Privacy Notice we have provided clear reasons for why and how we use your Personal Data and under what circumstances we may retain and share your data with third parties.

 

Under the Scope of our Privacy Notice statement you have a number of rights extended to you.

• Right of Access: You have the right to know what personal information we hold about you.
• Right to Rectification: You have the right to have any information we hold about you

corrected if it is shown to be incorrect.

• Right to Erasure: You have the right to have personal data deleted or removed (if we have

not already done so), when we have no compelling reason for its continued use and so long

as addressing your request does not conflict with other legitimate reasons we may have to

meet by retaining your information.

• Right to Object: You have the right to object to us processing your personal data. This

objection will be weighed against our legitimate interest in using your personal data in the

first instance. For the avoidance of doubt this will not be considered a reasonable request in a

matter where a Parking Charge Notice has been incurred except in very exceptional Circumstances

.

For the avoidance of doubt we would like to make it clear that we DO NOT process personal data in respect of the Privacy Notice under the basis of explicit consent and therefore you as the Data Subject do not have the right to withdraw consent in this matter.

 

If you would like to know more about our Privacy Notice or wish to know what personal data we hold about you, then you will need to contact us:

Telephone: 01271 890771

Email: beachshop@sauntonbeach.info

 

We may be required to establish your identity before we can release information, but once we have confirmed this we will provide the information within 1 month of your confirmed request.

 

Other Helpful Contacts

If you wish to know more about your rights and data protection or you wish to make a complaint

about how we have handled your data, you may contact the Information Commissioner’s Office (ICO) at www.ico.org.uk

 

We are an Approved Operator for Parking on Private Land and our Accredited Trade Association is the British Parking Association (BPA) and you may contact them for more details or lodge a complaint at www.britishparking.co.uk

 

I think that this needs deleting.

I think these sections need deleting.

Delete?

I think this needs deleting.

Delete?