Who is the Data Controller for the information I provide?
Wirral Council is the data controller. This means it decides how your personal data is processed and for what purposes.
Our address is:
PO Box 290
Issues of how data is handled are dealt with by the Council's Data Protection Officer Jane Corrin who can be contacted by email at [email protected] or by writing to: Data Protection Officer, at the address above.
Why do you need my information?
We collect and obtain your personal information for the following purpose(s):
- a Penalty Charge Notice for the enforcement of parking regulations and other associated enforcement purposes
- a Pay and Display ticket, or paid by phone parking session
- enforcement of bus lanes
- issue of all types of parking permits, dispensations and waivers
We rely upon the following laws to process your personal data:
- section four of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007
- part six of the Traffic Management Act 2004
If you receive a Penalty Charge Notice (PCN) after 28 days we contact the DVLA to obtain the keeper details of the vehicle in question. If the PCN is a postal notice i.e. issued by a bus lane camera or by the camera car we apply to the DVLA when the contravention has been confirmed by the reviewing officer.
If you believe that the Penalty Charge Notice was issued incorrectly, you may wish to take your case to the Traffic Penalty Tribunal to be heard by an independent adjudicator. The Council will submit any data collected – this includes any evidence and correspondence received from the driver or keeper of the vehicle which may be of a personal or sensitive nature.
If no correspondence or payment is received from the registered keeper, after following the statutory process your details may be passed to the Traffic Enforcement Centre (TEC) and to the Enforcement Agents. Further details on the process of a penalty charge notice.
What legal basis allows you to use my information?
Wirral Council has a statutory duty to enforce the parking regulations which are introduced by means of Traffic Regulation Orders. Parking Enforcement passed from the Police to the Council after its decriminalization. The Council has been responsible for this since 2003. If the penalty charge notice continues to progress, following the issue of all the statutory documents your details will be passed to the enforcement agents. At each stage of the process the amount outstanding will increase.
Penalty charge notices are issued and enforced under the following legislation;
- The Traffic Management Act 2004 s.78
- Civil Enforcement of Parking Contraventions (England) General regulations 2007
- Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007(amended)
- Section 144 Transport Act 2000
- Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement)(England) Regulations 2005)
Who will my information be shared with?
The information may be shared with other Departments within Wirral Council who also have a statutory duty to provide a service, and other organisations for related enforcement purposes or as required by law, such as:
We may share personal information about you with the following:
- enforcement agents
- Traffic Enforcement Centre (Northampton County Court)
- the police if required by law
As well as information collected directly from you, we may also obtain or receive information from:
- the DVLA, to obtain the details of the registered keeper of the vehicle
- your employers, i.e. the fleet department if your vehicle is a company car
- hire company, if your vehicle is subject to a hire agreement
We may disclose information to other partners of the Council where it is necessary, either to comply with a legal obligation, or where permitted under the Data Protection Act, e.g. where the disclosure is necessary for the purposes of the prevention and/or detection of crime.
How long will you keep this information for and why?
We will only keep your personal information for as long as the law specifies or where the law does not specify this, for the length of time determined by our business requirements. For Parking Enforcement documents are kept for 3 years plus current.
Will this information be used to take automated decisions about me?
All the decisions we make about you involve human intervention.
Will my data be transferred abroad and why?
We do not transfer any of your personal information outside the European Economic Area (‘EEA’).
What rights do I have when it comes to my data?
Right to be informed – through this Privacy Notice.
Right to rectification – you have the right to have personal data rectified if it is inaccurate or incomplete.
Rights on automated decision making and profiling - The law provides safeguards for you against the risk that a potentially damaging decision is taken without human intervention. You can ask for a human being to review a decision within a month of the decision being made.
Right to restrict processing – you have the right to block or suppress processing of your data; however this right does not apply in some circumstances.
Right to object to processing.
Right of Access - you have the right under the Data Protection Act 1998 (General Data Protection Regulation 2018) to request a copy of your information and to know what it is used for and how it has been shared. This is called the right of subject access. To request a copy of your data or ask questions about how it is used please email [email protected]
Who can I complain to if I am unhappy about how my data is used?
In the first instance we would ask that you try and resolve data handling issues directly with the relevant department before applying for a formal resolution.
If you are dissatisfied with the informal resolution of your complaint you can request a review by the Data Protection Officer, Jane Corrin, by email [email protected] or by writing to:
Data Protection Officer
PO Box 290
If you remain dissatisfied following an internal complaint, you can lodge a complaint with the Information Commissioner:
Information Commissioner's Office
Changes to our Privacy Notice
We regularly review our privacy notice and suggest you check for any changes from time to time. This notice was reviewed September 2018.