Penalty Charge Notices

Privacy Notice for parking permits and penalty charge notices (PCN)

This privacy notice explains how St Albans City & District Council (the Data Controller) will use any personal information we collect about you when you use our services, when you are paying a penalty charge notice or applying for a parking permit.

What information do we collect about you?

The information that the Council will collect varies depending on how you use the Council’s Services. We are using the information provided in this case because we have a legal obligation (Art. 6(1)(c) of the UK General Data Protection Regulation (UK GDPR)).  This means we collect your personal information from you so that we can carry out a function we are required by law to carry out.  In this case we are collecting personal information so that we can process your penalty charge notice or your application for a parking permit.

If you’re providing us with special category personal information (such as details about your health) we will be processing this under Art. 9(2) of the UK GDPR. 

How will we use the information about you?

We use the information to process your application for a parking permit or deal with your penalty charge notice.  We will share your data with the Council Tax Department where you have agreed to this so that we can process your parking permit.

We will not share the personal information we hold with any external organisations except for partner organisations.  By partner organisations we mean contractors and the Court Service where sharing your data is necessary to deal with your matter.  We may be required to share your personal information with the Police, Internal Audit or similar agency, or another Council for the purposes of preventing and detecting fraud.

We will ensure that all personal information is kept securely.

How long will we keep this information?

We will destroy this personal information 7 years from the date we close the penalty charge notice case or from the date we close the case on your parking permit.  This means we will securely destroy the information once we no longer need it. 

Individuals’ Rights

You have a right to request a copy of the personal information that we hold about you.  If you would like a copy of some or all of your information, please contact foi@stalbans.gov.uk and ask for a subject access request.

If you consider we hold inaccurate personal information about you, you can contact us to ask for this information to be corrected.  We will consider your request and respond within one month.  Please contact GDPR@stalbans.gov.uk.

You can find out more about your rights on our website: https://www.stalbans.gov.uk/sites/default/files/documents/publications/privacy-notices/Individual%20Rights%20GDPR%20Website%20Notice.pdf

Cookies

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information.  This information is used to make your use of the internet better.  For further information on how we use these and how you can control it, please visit: https://www.stalbans.gov.uk/cookies

Changes to our Data Protection Policy

We have a Data Protection Policy in place and this can be found here: https://www.stalbans.gov.uk/general-data-protection-regulation

Data Protection Officer

Our Data Protection Officer for the purposes of Articles 37 to 39 of the UK General Data Protection Regulation is Charles Turner, Solicitor to the Council.  He can be contacted by emailing GDPR@stalbans.gov.uk or calling 01727 819209 for our Complaints Team.

How to contact us

Please contact us if you have any questions about our Data Protection Policy, or concerns about how we handle your information: by emailing foi@stalbans.gov.uk or write to us at: FOI Team, St Albans City & District Council, St Peter’s Street, St Albans, AL1 3JE. 

Complaints

You have a right to complain to the Information Commissioner if you are unhappy with how we process your personal information.  You can do so through their website:  https://ico.org.uk/concerns/ or by emailing: casework@ico.org.uk or calling their helpline on 0303 123 1113.

GDPR Privacy Notice Statutory Functions – Parking permits & PCNs using APPY WAY   7.12.22

Privacy Notice for Body Worn Cameras (BWC's)

This privacy notice explains how St Albans City & District Council (the Data Controller) will use any personal information we collect about you in relation to BWCs, the reasons for this and who we may share this information with. The notice also details your rights to access this information.

Purpose for processing your information.

The Council’s Civil Enforcement Officers wear Body Worn Cameras on the street to reduce incidents of

violence and aggression to staff, other people in the vicinity, including visitors to the district, and to ensure that there is an accurate record of any incidents or offences is captured. We process this data to perform our legal obligation in accordance with Article 6(1)(c) of the UK General Data Protection Regulation (GDPR).

What information do we collect about you?

The information that the Council will collect varies depending on how you use the Council’s Services. We are using the information provided in this case because we have a legal obligation (Art. 6(1)(c) of the UK General Data Protection Regulation (UK GDPR)).  This means we collect your personal information from you so that we can carry out a function we are required by law to carry out.  In this case we are collecting images and audio recordings which could include special category data such as ethnicity, race, health, and religious beliefs, as well as criminal offence data to the extent that it is visible in the images or audio, recorded by our Body Worn Cameras.

If you’re providing us with special category personal information (such as details about your health) we will be processing this under Art. 9(2) of the UK GDPR.  If you’re providing us with criminal offence data, we will be processing this under Art.10 of the UK GDPR.

How will we use the information about you?

The BWC footage is used to ensure the safety of Council’s officers; to reduce the potential number of confrontational situations experienced by officers; to reduce the potential escalation of incidents and to provide evidence of any incident.

Video footage is taken from the BWC devices and backed up to the Council’s data storage device. The Council is committed to compliance with the Information Commissioner’s Office’s data protection code of practice for surveillance cameras and personal data, the Home Office’s surveillance camera code of practice and the Surveillance Camera Commissioner’s Office code of practice.

We will not share the personal information we hold with any external organisations except for partner organisations.  By partner organisations we mean contractors and the Court Service where sharing your data is necessary to deal with your matter. We may be required to share your personal information with the Police, Internal Audit or similar agency, or another Council for the purposes of preventing and detecting fraud.

We will ensure that all personal information is kept securely.

How long will we keep this information?

St Albans District Council retains BWC footage for 60 days for non-evidential footage, i.e., footage we have collected but that does not result in an active investigation.  We retain BWC footage where there has been an incident and there is a formal investigation for up to 7 years from the date the case is closed.

Individuals’ Rights

You have a right to request a copy of the personal information that we hold about you.  If you would like a copy of some or all of your information, please contact foi@stalbans.gov.uk and ask for a subject access request. 

If you consider we hold inaccurate personal information about you, you can contact us to ask for this information to be corrected.  We will consider your request and respond within one month.  Please contact GDPR@stalbans.gov.uk.

You can find out more about your rights on our website.

Cookies

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information.  This information is used to make your use of the internet better.  For further information on how we use these and how you can control it, please visit: https://www.stalbans.gov.uk/cookies

Changes to our Data Protection Policy

We have a Data Protection Policy in place and this can be found here.

Data Protection Officer

Our Data Protection Officer for the purposes of Articles 37 to 39 of the UK General Data Protection Regulation is Charles Turner, Solicitor to the Council. He can be contacted by emailing GDPR@stalbans.gov.uk or calling 01727 819209 for our Complaints Team.

How to contact us

Please contact us if you have any questions about our Data Protection Policy, or concerns about how we handle your information: by emailing foi@stalbans.gov.uk or write to us at: FOI Team, St Albans City & District Council, St Peter’s Street, St Albans, AL1 3JE. 

Complaints 

You have a right to complain to the Information Commissioner if you are unhappy with how we process your personal information.  You can do so through their website:  https://ico.org.uk/concerns/ or by emailing: casework@ico.org.uk or calling their helpline on 0303 123 1113.

GDPR Privacy Notice Statutory Functions – Body Worn Cameras                                                                                       4.12.23 

We will aim to respond to your challenge within 14 days, however, please note that if you have not received a response within 14 days, your case will remain on hold until your challenge has been investigated and a response has been sent.  

To make a challenge:

• Tell us why you believe you shouldn’t have to pay the penalty.
• Quote the Penalty Charge Notice number and include your full postal address.
• Attach any evidence to support your challenge – for example, blue badge, permit or voucher.

Typical reasons challenges are unsuccessful.

Typical reasons that challenges are not normally accepted are:

• The parking restrictions are unfair
• You had gone to get change for a pay and display machine
• You had only parked for a few minutes
• There was nowhere else to park
• You were not causing an obstruction
• You were not aware of the parking restrictions
•  
• If you challenge the penalty charge within 14 days of it being issued, you will still be able to pay the fine at the discounted rate if your challenge was not successful.

We suggest that you write your challenge using Word or Notepad first and then copy it into the online form. This is to avoid the system timing out if you need to take a break in the middle or if it takes you a while to do.

To challenge a parking fine, please complete the online form below

Challenge a parking fine

Please refer to the Useful information before you decide to challenge, before submitting your challenge.

• Useful information before you decide to challenge ( pdf - 180.50 KB )

If you challenge your penalty charge and it is not cancelled, and you still have not paid it 28 days after the Penalty Charge Notice was issued, we will send a legal document called a ‘Notice to Owner’. We send this to the vehicle’s registered keeper at the address supplied by the DVLA (Driver and Vehicle Licensing Agency).

The Notice to Owner gives you a further 28 days to either:

• pay the full penalty charge, or

• make formal representations to us.

Formal representations

To make a formal representation about the penalty, please complete and sign the Notice to Owner form. This includes a form called ‘Representations’. Return this to the address given on the form.

Grounds for appeal

When you make a formal representation, you can use any of the following grounds:

• I was not the owner of the vehicle at the time of the alleged contravention.

• The vehicle was parked by a person who was in control of it without my consent. If your car was stolen, we will need a police crime report number and the name of the police station that the crime was reported or proof of an insurance claim from the insurer.

• We are a hire firm and the person hiring the vehicle has signed a statement accepting liability. We will need to see a copy of the agreement, including the name and address of the hirer.

• The alleged contravention did not occur. You will need to explain why you believe no contravention took place including any proof you feel is relevant.

• The penalty charge exceeded the amount applicable in the circumstances of the case. You will need to explain why you believe you have been asked to pay more than you are legally liable to pay.

• There has been a procedural impropriety on behalf of the authority (St Albans City & District Council). You will need to explain why you believe we have acted improperly or in breach of the regulations.

• The penalty has been paid, either in full or at the discounted rate within the discounted period. You will need to supply proof of payment - for example, a receipt or your payment reference number.

If there are any other reasons why you consider we should cancel the Penalty Charge Notice, you will need to explain your reasons in full.

If your representation is successful, we will cancel the Penalty Charge Notice and the Notice to Owner. If your representation is not successful we will send you a ‘Notice of Rejection’.

Do not ignore the Notice to Owner. It is your last chance to appeal. If your case progresses to a Charge Certificate, you will no longer have the right to appeal. And the charge will increase by 50% to £70 (higher rate) or £50 (lower rate) depending on why you received a Penalty Charge Notice.

If you disagree with our decision you can appeal to the independent adjudicator at the Traffic Penalty Tribunal. The adjudicators are independent of us and their decision is final and binding on both parties.

You can appeal by visiting the Tribunal’s website

The website explains what the adjudicator can consider and how to appeal. There is no charge for appealing and costs are not normally awarded.

You should appeal within 28 days of delivery of the Notice of Rejection.

We will put the case on hold while the tribunal considers your appeal. If your appeal is allowed, you will not have to pay the penalty charge. If it is dismissed, you will have to pay the full amount. Instructions will be provided by the adjudicator at the time of the appeal hearing.

If you don’t pay your Penalty Charge Notice within 28 days, and it hasn’t been cancelled after an appeal, we automatically request the name and address of the registered keeper of the vehicle from the DVLA (Driver and Vehicle Licensing Agency).

We then send a legal document called a Notice to Owner to the registered keeper at the address supplied by the DVLA. We’re obliged to do this by law and do so even if we have already had correspondence about the penalty from a different person or address.

The Notice to Owner gives the registered keeper (who is liable for the charge) a further 28 days either to pay the full penalty or to make formal representation to us.

For more information on the appeals process, see the section above on What happens if I want to challenge a parking fine?

f you do not pay or submit a formal representation to the Notice of Owner after 28 days, the charge will increase by 50% and the registered keeper will be sent a Charge Certificate. Once a Charge Certificate has been sent, you have lost your statutory right to challenge (appeal) the Penalty Charge Notice.

If no payment is received within 14 days of the date of the Charge Certificate, we will apply to register the outstanding debt with the Traffic Enforcement Centre at Northampton County Court. The registered keeper will then be sent an Order for Recovery (TE3 form) and a Witness Statement – Unpaid Penalty Charge (TE9 form). At this stage, the charge will increase by a further £9.

When a Penalty Charge Notice has progressed to Order for Recovery, it is too late for us to accept any representation made. The only options available are to either pay the charge or to file a Witness Statement with the Traffic Enforcement Centre at Northampton County Court. The statement can be made on one of the four grounds:

1. I did not receive the Notice to Owner/Penalty Charge Notice
2. I appealed against the council’s decision to reject my challenge, within 28 days of the Rejection Notice, but have had no response to my appeal.
3. I made representations about the penalty charge to the council within 28 days of the Notice to Owner, but did not receive a Rejection Notice.
4. The penalty charge has been paid in full. (You will need to state the date it was paid, how it was paid and to whom it was paid.)

If you believe one of these options applies to your situation, and you wish to file a Witness Statement, complete the TE9 form and return it to:

The Traffic Enforcement Centre
At County Court Bulk Centre
St Katherine’s House
21-27 St Katherine’s Street
Northampton
NN21 2LH

If you do not have the TE9 form, please contact the Traffic Enforcement Centre using one of the following options:

• Telephone: 0300 123 1059
• Email: tec@hmcts.gsi.gov.uk

Note: There are only four limited grounds on which you can make a statement (as detailed above). Proceedings for contempt of court may be brought against you if you make, or cause to be made, a false statement in any document verified by a statement of truth without an honest belief in its truth.

If none of the options apply to your situation, then the only option is to pay the charge, either online or by telephone (using a credit or debit card) on 0845 305 2131, seven days a week, 24 hours a day.

If the Penalty Charge Notice remains unpaid for 21 days following the registration of the debt, a Warrant of Control (formerly known as a Warrant of Execution) will be issued and the case will be passed to a certificated Enforcement Agent (formerly known as baliffs) to recover the debt on our behalf.

Enforcement Agent action is split into three different stages, each with its own additional fees which you will have to pay on top of the outstanding sum of the Penalty Charge Notice.

• Compliance stage
  Once the charge has passed to the Enforcement Agent, they will write a letter of compliance to you, or visit you within 14 days to serve a Notice of Enforcement. This notice advises of the outstanding dept, plus any additional fees. Following the delivery of this notice, if the debt remains unpaid the case will the progress to the Enforcement Stage.
  Compliance stage fee - £75

• Enforcement stage
  This stage involves an Enforcement Agent visiting your premises to recover the debt, plus additional fees incurred. Please note: the fee of £235 is payable from the first time the Enforcement Agent visits your premises.
  Enforcement stage fees - £235 (plus 7,5% for debts over £1,500)

• Sale stage
  This stage involves selling your goods in order to pay the outstanding debt, plus any additional fees incurred.
  Sale stage fees - £110 (plus 7.5% for debts over £1,500

Once the case is with the Enforcement Agents, it is too late for us to accept any representations (or payments) about the case. You will need to contact the Enforcement Agent or seek legal advice as soon as possible to avoid any additional charges.

Enforcement Agents are licensed by the court, while central government sets the scale of charges they use. If you are unhappy with any aspect of your experience with an Enforcement Agent, there is a complaints procedure you can follow. Contact the Enforcement Agent for details of their complaints procedure.

In the first instance, you should outline your concerns in writing to us so we can decide whether the issue is a matter for the Council or a matter for the Court. This is whether you feel that an Enforcement Agent has behaved inappropriately or if you feel that they have added incorrect fees to the outstanding debt.

Complaints about Enforcement Agents and fee disagreements are normally a matter for the Court as Enforcement Agents are certified by the Court. To make a formal complaint or to have the fees formally reviewed, you will need to visit a District Court and complete the relevant forms. You will need to give the Enforcement Agent’s details and outline what it is you wish to complain about.

We do not provide any legal advice about Enforcement Agents. You should seek qualified independent legal advice if you do not understand what your options are.