Parking Charge with Leased car

HO87

taffy056 wrote: »

What about the DPA ? Are they breaking it by supplying your name and address to a third party company?

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Q: We are a data controller, and have received a request for information that we hold about an individual from another organisation. Can we release it?

Generally the Act would not allow a disclosure to a third party data controller unless the individual had been informed of the disclosure (see the first principle - Fair Processing). However there are a number of exemptions that allow disclosure in certain circumstances.

http://www.ico.gov.uk/Global/faqs/data_protection_for_organisations.aspx

Indeed and it is the exemptions that are relevant here - specifically those set out in s.35 DPA. Even then the rental/leasing company do not have to disclose the information. The section simply sets out circumstances in which they may disclose without breaching the Act. However, they are also likely to be aware of the Alphabet case and naturally will be reluctant to expose themselves to proceedings for which they may have to pick up the (large) bill for.

Ultimately, the situation where a PPC writes to a rental company claiming that their renter/lessee owes them a debt is more or less analogous to that of an insurance company writing to them because the same renter/lessee caused damage to their insured's property. I'm sure few of us would object to a disclosure in the latter situation but from a legal perspective the two are identical.

MacBudman

Not heard anything from leasing dept as yet

Maybe the PPC's have got the message that paying for details from the DVLA is an extra expence on their profits and is not worth persuing people who ignore their petty existance.:p

Anyone know if there is a complaints department for each retail park ?

This would be a good start to enable customers to voice their concerns/anger/disagreement directly to all the companies using PPC's for extra profit and challenge their loyalty to customers from going elswhere !

Regards,
MacBudman

give_them_FA

All major retailers will have a complaints department. And if it includes reputable companies, it may well be worth forwarding copies to them of the trash that is being issued in their name. They may well be shocked if they were sold on the idea of employing the parking company on the basis of promises that they would be acting in a professional manner.

Taffy has helpfully posted a thread containing the head office addresses of most major retailers who inhabit these retail parks.

MacBudman

Thanks, give them FA,

I should have checked the forum for previous posts relating to contacting retail parks directly.., duh !

The retailer, from my experience is on the list that was posted by Taffy :T so will be contacting them with my concerns regarding their involvement with PPC scams and what it might be doing to their customer return figures

Regards,
MacBudman.

zhuzhuhead

I also received one of these when leasing a car not long ago. I have called and emailed the car leasing company telling them not to pay saying that I am disputing it, but was wondering if I should email G24 disputing the charge?
How would they know where to redirect the letter to if I do not give them my address in the email?

Coupon-mad

zhuzhuhead wrote: »

I also received one of these when leasing a car not long ago. I have called and emailed the car leasing company telling them not to pay saying that I am disputing it, but was wondering if I should email G24 disputing the charge?
How would they know where to redirect the letter to if I do not give them my address in the email?

Well yep we have advised people to try this, in the hope of them leaving the Lease co out of it and redirecting the threatograms to you. But there's no guarantee that the PPC will send the rest of the letters to you of course. Lease co's are an easier target.

On balance it's worth a shot. I would say don't admit anything except just to say you leased the car, or your company did, and you are writing for more information please as you 'would like the chance for the driver to appeal' or some such rubbish! Then obviously if the letters do come your way then don't actually 'appeal', just laugh as your plan has worked!

Don't say YOU were the driver.

Don't let them have your real signature (squiggle it then print it underneath).

You are in no danger of Court as G24 don't do Court, ever, but still it's a good rule of thumb never to disclose the driver (as the Freedoms Act has not come in yet, at this point) and never to let a scammer have a signature to copy!

MacBudman

Update:


Received letter today from my leasing department informing that they received a notice from the PPC regarding my vehicle for an unpaid parking charge.


The letter is from a member of staff within the leasing section but does not mention my previous correspondence with them. I assume that the person dealing with my issue will be following standard procedures to inform me of the notice anyway however, something takes me back to what Coupon-mad and EHBA advised in the thread to assume no-one knows anything about Private Parking Companies so I will be sending a reminder in my reply as well as the fleetnews link again just encase there is any misunderstanding.


The letter I received from car leasing encloses a copy of the PPC notice and advises of the parking charge. They require notification within one week of within the date of the letter and want to know if I have arranged payment or intend disputing with the parking company involved. They have also advised in bold that any dispute/appeal must be taken up directly with the parking company and must be submitted in writing, a copy of this appeal and any subsequent confirmation from the parking company that the charge has been cancelled MUST be submitted to the lease car department in order we keep this on file for future reference.


Only problem I have with this is that I intend to ignore the letters and not appeal and according to this letter, my leasing department want feedback from my appeal.


Should I contact the PPC as well or just respond to the letter sent from car leasing ?
I have two days to reply going by the date on the letter or they will pay the charge notice and deduct from my salary.


Regards,
MacBudman

Coupon-mad

''I have two days to reply going by the date on the letter or they will pay the charge notice and deduct from my salary.''

:eek::eek:

No they won't!!!!!!!!:eek::mad:

You must reply immediately. Assume they know nothing about this scam. Tell them again, using previous links provided - i.e. Fleet News article for info and BVRLA template letters for them to use if they want (the latter being what they should be using as the BVRLA is the trade body for car lease co's). Tell them they have NO liability and could also just ignore this rubbish like you are.

Finish by saying that they do not have your authority at all to deduct any amount from your salary for any private parking charge notice, under any circumstances. It's not a fine, it's an allegation against you personally (not the car owner or keeper) and it is your business to ignore as you know the facts about this well-known con and you are surprised that their Fleet staff do not.

Copy in your own HR and Line Manager. Polite but very clear wording. Do not contact the PPC but if the lease co want to use the BVRLA template letters then let them.

Oh and if you want another enclosure, what about a link in an email to this barrister's blog (linked from this summary page which explains all):

http://thelawwestofealingbroadway.blogspot.com/2012/03/very-useful.html

HTH

MacBudman

Thanks for the quick reply Coupon-mad and for the blog link. After reading that I wish I had stuck in at school, hehe.

I am on the case and will not sleep tonight untill my reply is ready :think:

Thanks

MacBudman.

MacBudman

Things are starting to move a bit quicker now.:eek:
Sent my reply to leasing dept yesterday and received reply today. Here is my e-mail to car leasing and response from them.

MacBudman sent:


Dear ***********,


Leased Car Reg No: *******
Parking Charge No: ?????**(((


I am e-mailing you in reply to your letter dated **/**/** informing of the above Parking Charge Notice dated **/**/**


The documentation that you have received and kindly included in your letter is a speculative and unenforceable invoice from a private company called **PPC** (**PPC name**) for an alleged breach of the terms and conditions of parking within their client's private land.


I am disputing the alleged parking charge notice and would also like to inform you that I will not be appealing this dispute/disagreement with **PPC** as there is no legal grounds for me to do so at this time.


The requirements according to **PPC** terms and conditions were not satisfied nor agreed to by the driver of the vehicle at the time of issue and as this is legally neither a fine or a penalty, will not have any legal obligation for the registered owner of the vehicle, in this case ***Leasing company**/************** to take any action on my behalf.


The invoice issued by **PPC** is not a Penalty Charge Notice, nor is it a fine, nor any kind of notification of a traffic offence. It has not been issued by any UK authority and was not issued as a result of a contravention of any current UK traffic legislation. I am therefore not in breach of my lease contractual agreement with **Leasing company**/**************


As far as I am led to believe, this is a civil matter between the driver of the vehicle using a private parking facility and involves no other parties other than the driver and the operator of that facility in this case **PPC**.
**Leasing company**/*************have no way of knowing what terms if any were agreed and no legal position to decide the validity of any claim made under that contract.


I am also aware that The Data Protection Act may prohibit ***Leasing company**/*********** from providing my personal details to a private parking company however, I am more that happy for you to contact them informing that I *name****** ******* lease the vehicle as an employee and also to provide them with my address to enable me to deal with them directly myself over this issue.


I would also like to inform you that I will not authorise a deduction from my salary to a private parking company notice, under any circumstances. As a mentioned before that this is not a fine, it is a personal allegation directly involving the driver of the vehicle and not the owner or registered keeper.


I have provided links for your information below regarding private parking companies which may help you to understand my legal stance on this.


http://www.fleetnews.co.uk/news/2009/5/28/question-private-parking-fines-fleets-urged/30698/




BBC Watchdog video link
http://www.youtube.com/watch?v=XAIcdi9niHA


BBC Watchdog video read version link
http://gutt.co.uk/2010/05/06/don’t-pay-or-respond-to-parking-fines-or-tickets/


P.S I am sending this e-mail from home and would be grateful if you can include car leasing manager (****** ************) for further guidance. I will forward a copy of this email in writing to you for future reference.


Please advise of your position regarding this issue




Yours sincerely,


******* *******


Reply from my car leasing dept:

Hi **********

I need to advise you that while the below may be true in regards to your own car where you are the registered keeper the car involved here is a lease car where there are 3 parties involved, a leasing company, *my work authority and a driver ie yourself.

I wont pay the fine if you dont wish me to however I need to advise that the leasing company are the registered keepers of the vehicle, if they receive these parking fines regularly they will eventually pay it and invoice us, this will also include an admin fee of £25 plus VAT, this would be passed onto yourself as per the lease car terms and conditions you agreed to when taking on a lease car, ie the **my work** is entitled to be imdemnified for any financial penalty it incurrs due to traffic/parking charges.


Regards
**********

Any thoughts and guidance on my next step would be much appreciated.:)