APCOA Luton Airport -just when you thought they could not get any more stupid.

Driver8

Alyraqs wrote: »

I received an Apcoa £80 charge a couple of days ago. I dropped off my wife to catch a bus to Stansted airport at 5.45am. I wished I'd known about all these forums because when I got the notice I "got hot under the collar" and rushed off a registered letter to Apcoa asking the following and stating that if they didn't reply within 10 days I would consider that they were acting extralegally.
1) Evidence of the alleged infraction
2) Evidence that the signage used complied with Road traffic
3) Evidence that they legally obtained my personal data from the DVLA and fully complied with the DVLA manual MIS546.

Did I do the right thing or have I been rash to imply that they have some right to charge me? If I'd known that they had no legal right to issue any charge and that they were using contract law not road traffic law, I would have been more forceful!

Can I now write to them and tell them not to pass on my data to a 3rd person ("Debt recoverers")?

Thanks to all those who have posted advice on these forums, you have given me the strength to take this to the end.
Apcoa doesn't realise how tenacious I can be when so inclined.... I fought Ryanair and won compensation, and you need stamina for that.

Just totally ignore the scumbags and delight in the fact it is costing those scum money to chase you for their alleged debt.

I wish death on every PPC worker, they deserve it.

Before any one thinks that is harsh, just think, those "people" get up each morning unfortunately and go to work to persecute totally innocent people each and every day, they could even be neighbours, you call that a job?

I hope each and every one of them suffers every disease known to man, they deserve it.

They are nothing but pure utter scum.

the best thing is, one of the scum merchants are telling people in their letters to ignore what you see on the internet. In other words the scum are losing money left right and bloody centre.

They deserve to too.

roddydogs

Did anyone get out of the car whilst stopped?

trisontana

roddydogs wrote: »

Did anyone get out of the car whilst stopped?

From post#1:-

No doubt APCOA will say that it is the alleged act of a passenger alighting from the vehicle when it is stopped at the red light that is the actual breach.

But so what? the car was stopped at a traffic light. Other people have had tickets for letting out passengers when their car has been stopped in a traffic jam near a roundabout. APCOA are indeed idiots.

Sir_Roger_deLodger

Alyraqs wrote: »

Did I do the right thing or have I been rash to imply that they have some right to charge me? If I'd known that they had no legal right to issue any charge and that they were using contract law not road traffic law, I would have been more forceful!

It would have been better not to contact them, but all it means is you will receive more begging letters than usual.

Can I now write to them and tell them not to pass on my data to a 3rd person ("Debt recoverers")?

You can if you like but they will still do it anyway. Remember that "debt recoverers" are not bailiffs and have no power to actually do anything.

Thanks to all those who have posted advice on these forums, you have given me the strength to take this to the end.
Apcoa doesn't realise how tenacious I can be when so inclined.... I fought Ryanair and won compensation, and you need stamina for that.

Don't waste your time trying to get compensation. Even if you successfully sued them you wouldnt get any money. These firms collect CCJs like my dog collects fleas.
Just ignore them.

peter_the_piper

I've no doubt that should a car have a prang they would get a ticket either for stopping when not allowed or allowing passengers to disembark when they say no.

RENEGADE_2

Alyraqs wrote: »

I received an Apcoa £80 charge a couple of days ago. I dropped off my wife to catch a bus to Stansted airport at 5.45am. I wished I'd known about all these forums because when I got the notice I "got hot under the collar" and rushed off a registered letter to Apcoa asking the following and stating that if they didn't reply within 10 days I would consider that they were acting extralegally.
1) Evidence of the alleged infraction
2) Evidence that the signage used complied with Road traffic
3) Evidence that they legally obtained my personal data from the DVLA and fully complied with the DVLA manual MIS546.

Did I do the right thing or have I been rash to imply that they have some right to charge me? If I'd known that they had no legal right to issue any charge and that they were using contract law not road traffic law, I would have been more forceful!

Can I now write to them and tell them not to pass on my data to a 3rd person ("Debt recoverers")?

Thanks to all those who have posted advice on these forums, you have given me the strength to take this to the end.
Apcoa doesn't realise how tenacious I can be when so inclined.... I fought Ryanair and won compensation, and you need stamina for that.

They will pass your information onto third parties either way. All you need to know is that the third party (Roxburghe/Graham White) is nothing APCOA isn't except you have no dealings with the latter groups whatsoever. If it makes you feel comfortable, I am on the band waggon of this nexus. Yesterday I received my third threatogram from West Byfleet and I have no idea whether it came from Roxburghe or Graham White (as they are the same) because I marked the envelope with "Refused - Return to sender". If they wish to play table tennis they can, so long as they pay!

Alyraqs

Thanks everybody, I'll let you all know what evidence -if any- I get.
Now that I have a better understanding about this issue, I intend to write to the DVLA about the release of personal data. I am particularly sensitive about this as my identity was "stolen" a couple of years ago and £2000 of goods were ordered for delivery to Nigeria. Through a pure fluke, I discovered the fraud on the day the orders were placed and was able to stop them in their tracks, but I had to jump through quite a few hurdles to prove that I was the account holder and not the scammers!

It seems to me that the DVLA is playing "fast and loose" with our personal data and they need to have their wings clipped. Does anyone know if the personal data form the DVLA to these private parking companies is handled automatically? I ask because according the Data Protection Act:
" The right of subject access allows an individual access to information about the reasoning behind any decisions taken by automated means"
"even if they have not given notice, an individual should be informed when such a decision has been taken "

Does anyone know if a FOI request has been made to the DVLA about the number of complaints received on the release of personal data to private parking companies?
Has anyone written to the ICO? If so, what was the outcome?

Sorry for so many questions, but I am just starting to get my teeth into this.
Regards

oldone_2

The DVLA are making too much money for there to be any chance of serious controls on how they handle requests for RK details.

However, it would be useful if they were required to inform all parties concerned when a request is made. This would mean that the RK would automatically be told who has requested their details. If this were implemented, then the next step to stop their excesses would be easier.

Alyraqs

Just found this on the BBC Watchdog website. It answers my FOI question.


" Using the Freedom of Information Act, we've discovered that the DVLA sold nearly 1.1 million names and addresses to private parking companies last year(2010). That brought in an estimated £3.4 million pounds":mad:

If that doesn't make the Information Commissioner's Office feel uneasy, then it should!

Alyraqs

Hi Posters
Well I got a reply from APCOA today concerning my letter (see my previous post). It contained PART of the evidence I requested.
1) The photo shows a passenger alighting from the vehicle concerned, but the number plate cannot be read. The number plate photo is a shot taken 12 secs later when the vehicle was driving away from the airport. Is their stored CCTV video film or individual photo shots?

2) They failed to provide evidence that they legally obtained my details from the DVLA, but did include a photo of the road sign which said "number plate recognition in operation". I find this interesting. If they obtained the car's registered owner's details electronically via NPR then is this "without human intervention" and if so, are the PPC and the DVLA in breach of Principle Six of the Data Protection Act? Viz:

The right of subject access allows an individual access to information about the reasoning behind any decisions taken by automated means. The Act complements this provision by including rights that relate to automated decision taking. Consequently:

• an individual can give written notice requiring you not to take any automated decisions using their personal data;
• even if they have not given notice, an individual should be informed when such a decision has been taken; and
• an individual can ask you to reconsider a decision taken by automated means.

Before I include the above in my complaint to the DVLA has anyone any experience of how NPR works and whether Private Parking Companies are permitted and DO use this system to obtain data fully electronically, or is it just more bluff and bluster from these con merchants?
BTW, they are now saying what I must pay is, according to their latest letter, a fine!
Regards