Smart Parking – ANPR and Wardened Privacy Notice
This privacy notice explains how Smart Parking Ltd uses your personal data (i.e. information about you and your vehicle) in order to provide you with parking services under our contract with you. These terms should be read together with our parking and payment terms, which can be found here www.smartparking.com/parking-terms-and-conditions
These terms also explain how we comply with the General Data Protection Regulation and the Data Protection Act 2018; we will refer to these laws as ‘Data Protection Law’.
This privacy notice can also be obtained by telephone, by calling 0330 678 1040 and includes the following information to help you understand clearly how your data is being used:
- What we do with your personal data.
- Your rights
- The lawful basis for processing your data
- Categories of data processed
Who we are
SMART PARKING Ltd (SC138255) is a company registered in Scotland and can be contacted at Unit 43, Elmdon Trading Estate, Bickenhill Lane, Birmingham, B37 7HE. Our Data Protection Officer can be contacted by emailing email@example.com or by calling 0845 2303081.
What we do
When you enter, remain and exit a car park operated by us, we take photographs of the vehicle and registration by Automatic Number Plate Recognition (ANPR) and CCTV cameras. In car parks where ANPR and CCTV cameras are not in operation our parking wardens are present to deter criminal activity and they may take notes and images about your vehicle and your activity in the parking area. The data gathered by cameras or parking attendants is needed to determine your compliance with the parking and payment terms of your contract with us.
Your personal data is being obtained, retained and processed, depending on the category of user you are of our site. We also use our cameras to detect and deter criminal activity.
Under Data Protection Legislation you have the following rights:
- To be informed
- Of access
- To rectification
- To erasure
- To restrict processing
- To data portability
- To object
Please note that you have the right to request the above, but under data protection law we must; confirm who you are before providing information and; provide you with an explanation if we do not agree with your request. So if you do make the request we will tell you if the request has been granted or not.
Right of access
You have the right to submit a Subject Access Request and this can be done by emailing firstname.lastname@example.org or by calling 0845 2303081 or in writing to our Data Protection Office at the above address. We will need to confirm who you are obtain proof of your identity before providing you with information we may hold about you.
Our purpose and legal bases for processing your personal data
- The purpose of processing your data is to enable effective car park management and ensure compliance with your contractual obligations having come onto and remained on the car park. There are also legitimate interests for us to do so in order to pursue anyone who may be liable to pay sums due, defend legal claims, protect the rights of a land owner and for our business interests.
- We are entitled to:
a. Pursue a motorist for an unpaid parking tariff
b. Pursue a motorist for an unpaid parking charge
c. Ensure safety and security and help deter/detect criminal activity.
The Categories of “Personal Data” we process and how long we retain this information
1. Where there has been no breach of the parking contract
As a compliant user of this Private Land, the personal data we obtain is your vehicle registration number. We may also capture images of the vehicle, occupants or bystanders. A full list of your Rights under data protection law are summarised above. Where your data is obtained it will be retained for 36 months only in order to be able to cross reference registration numbers for discrepancies, retaining this data in this way enables us to properly and fairly manage the car park which sometimes means cancelling Parking Charges. After this time we then erase your registration and any other images from our records.
2. Unpaid Parking Fee and where a parking charge becomes due:
a. ANPR and CCTV Camera enforcement
Where there is a fee which is payable for parking and it appears it has not been we may request details of the registered keeper of the vehicle from the Driver and Vehicle Licensing Agency “DVLA” and other third parties (for example the registered keeper or hire companies where applicable) who may possess information which could assist in pursuance of the unpaid parking fee and resolving any disputes, this could include the name and address of the registered keeper.
b. Windscreen Parking Charge issued by a Parking Warden
If you have received a Parking Charge Notice on your windscreen, at the point the notice is placed on your windscreen, we will have obtained your personal details, which could include images of your vehicle, occupants/bystanders and the vehicle registration number.
If you or a third party pay the Parking Charge Notice within 28 days, your personal details will not be retained for longer than 24 Months. Where there is an unpaid fee over 28 days, we may request personal details of the registered keeper of the vehicle from the Driver and Vehicle Licensing Agency “DVLA” and other third parties (for example the registered keeper or hire companies where applicable) who may possess information which could assist in resolving any dispute.
The personal details we may obtain from the DVLA for both Camera and Parking Warden Windscreen Parking Charges include:
- The name and address of the registered keeper;
- The make, model and colour of the vehicle;
- Confirmation of the registration number;
- Any other information that we gather, in pursuance of the unpaid parking fee, including information that is shared by you with us.
Your data will be held for sufficient time to enable the fee or outstanding parking charges to be settled, by you or another person and resolve any dispute. However, your data will not normally be held for longer than 6 years in such circumstances. In some circumstances your data may be held for longer than 6 years, examples of this are:
- When there is an ongoing dispute which requires us to hold the data for longer than 6 years.
- Where a court order has been made allowing us to pursue outstanding money after the expiration of 6 years.
- Where contractual or legal obligations specific to a particular site require us to and we will only keep data for longer if there is no other way of meeting those obligations.
If you decide to challenge a parking charge and we reject your challenge, we will provide you with a unique reference code to be used with POPLA, the Parking on Private Land Appeals Service. This is to allow you to contest the charge with an independent adjudicator who will be provided with your data. .
Sharing your personal data
Your personal data may be shared with:
- a parking tariff payment facilitator
- external software providers,
- Independent appeals adjudicator POPLA
- debt recovery companies,
- Police and Security Services
- Solicitors and high court officers/bailiffs where necessary to ensure compliance with your obligations under the contract.
Other than the list above we do not share information about you or your vehicle with any other third party. Where data is transferred outside the EU we have ensured that those from the list above accessing the data have the appropriate safeguards in place and are subject to an appropriate supervising authority.
Changes to our Privacy Notice
Further information and complaints
If you require more information about items raised in this notice please contact us or you may wish to ask or complain to the Information Commissioner’s Office via the ICO website, www.ico.org.uk although please raise any concerns with us first by contacting us by email at by emailing email@example.com or by calling 0845 2303081.