Parking enforcement notice privacy notice

Who will own my data once I submit it?

Cheshire West and Chester Council is the data controller for personal information processed for the purposes of parking, bus lane and moving traffic enforcement.

How do we use your personal information?

We use your information to:

• enforce parking restrictions, bus lane restrictions and moving traffic restrictions
• identify vehicle keepers and administer Penalty Charge Notices (PCNs)
• recover unpaid penalty charges
• deliver the service and respond to enquiries, challenges, representations and appeals
• plan and improve the services we offer
• detect and prevent crime or fraud
• undertake research and service performance analysis, normally using anonymised information unless consent is obtained
• evidence service outcomes where required by government departments or funding bodies
• fully test upgrades to enforcement systems within secure test environments
• support traffic management, road safety and network management duties

Personal information may be obtained through Civil Enforcement Officers, approved camera devices, vehicle registration records and information supplied by customers in relation to challenges, representations, appeals or enquiries.

Approved camera devices may capture images and video footage of vehicles using roads or locations subject to enforcement. This information may include vehicle registration marks (VRMs), images of vehicles, the date, time and location of a potential contravention and associated enforcement records.

What allows you to use my information?

The Council processes personal information under:

• the Traffic Management Act 2004 and associated regulations relating to civil parking enforcement, bus lane and moving traffic enforcement
• Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR), where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Council

The Council has statutory responsibilities to manage the road network, enforce parking and traffic restrictions and maintain the safe and efficient movement of traffic.

What information do we collect?

The information processed may include:

• vehicle registration marks (VRMs)
• photographs and video recordings
• date, time and location details relating to an alleged contravention
• vehicle keeper details obtained from the Driver and Vehicle Licensing Agency (DVLA)
• correspondence, representations, appeals and supporting evidence
• payment and transaction records
• enforcement and recovery records
• case notes and audit records
• contact information provided by customers

Who will my information be shared with?

Where necessary and lawful, information may be shared with:

• the Driver and Vehicle Licensing Agency (DVLA) to obtain registered keeper details
• the Traffic Enforcement Centre where unpaid penalties are registered as debts
• Enforcement Agents where enforcement action progresses through the statutory recovery process
• independent adjudication services considering appeals
• courts, tribunals and legal representatives
• the police or other law enforcement agencies where disclosure is necessary and lawful
• contractors and service providers acting on behalf of the Council under appropriate contractual arrangements

Information will only be shared where there is a lawful basis to do so.

Do I have to provide this information and what will happen if I don't?

For enforcement purposes, some information is obtained directly from enforcement activity and, where permitted by law, from the DVLA.

Where you submit a challenge, representation, appeal or enquiry, you should provide sufficient information for us to properly consider the matter. Failure to provide relevant information may affect our ability to assess your case.

How long will you keep this data for and why?

Personal information will be retained in accordance with the Council's retention schedule and only for as long as necessary to:

• administer and enforce Penalty Charge Notices
• consider challenges, representations and appeals
• undertake debt registration and recovery processes
• comply with statutory, legal and audit requirements
• investigate complaints or allegations of fraud
• support legal proceedings where necessary

Information will be securely deleted or destroyed when it is no longer required.

How will my information be stored?

Information is stored securely within enforcement management systems and associated technology platforms.

Access is restricted to authorised officers and service providers who require access to perform their duties. Appropriate technical and organisational measures are in place to protect personal information against unauthorised access, disclosure, alteration, loss or destruction.

Information may be stored within secure cloud-based systems that meet the Council's security and data protection requirements.

Your rights

Under data protection law, you have rights including:

• the right to request access to your personal information
• the right to request correction of inaccurate or incomplete information
• the right to request restriction of processing in certain circumstances
• the right to object to processing in certain circumstances
• the right to lodge a complaint regarding the processing of your personal information

You are not normally required to pay a fee to exercise these rights.

Who can I complain to If I am unhappy about how my data is used

You can complain directly to our Data Protection Team. You also have the right to complain to the Information Commissioner’s Office:

• Information Commissioner's Office (ICO) website
• By post: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• Telephone: 08456 30 60 60 or 01625 54 57 45

Will this information be used to take automated decisions about me?

No.

Parking, bus lane and moving traffic enforcement decisions are not made solely by automated means. Where camera systems are used, evidence of a potential contravention is reviewed by a trained and authorised officer before a Penalty Charge Notice is issued.

Will my data be transferred abroad and why?

Personal information is not routinely transferred outside the United Kingdom. Where third-party systems are used, the Council will ensure that appropriate safeguards are in place and that all processing complies with UK data protection legislation.