Proserve - Ipswich

AJS1961

Issued with a "Trespass Notice" for parking in a Business Park car park in error, our own car park adjacent, but my first time using this office. No hourly rates and being stung for £180. Proserve claim they an obtain DVLA details despite not being a BPA member, nor listed on DVLA list too. No appeal process merely Proserve and the commisioning company Director considered my statement................and subsequently rejected! Do I let them take me to small claims or merely pay up? Advice greatly received.

Stroma

There are issues with this lot, they are not in the BPA AOS and are abusing their rights to get registered keeper details from the dvla. They are using their powers as bailiffs I believe to circumvent the process of parking.

A complaint to the dvla is needed foi@dvla.gsi.gov.uk is needed asking why they have released keeper details when they are not in an Accredited Trade Association or ATA , which is mandatory for any parking company.

I would also advise posting on https://www.pepipoo.com for this as well, because this company could do a small claim, and they can help you defeat this ridiculous illegal penalty charge.

esmerobbo

How is the £180 made up? Is it a charge for parking or a remedy for trespass? If its the former they cant get DVLA access (or shouldn't) if its the later then I would like to see how they come up with £180 as a remedy for trespass!

Coupon-mad

AJS1961 wrote: »

Issued with a "Trespass Notice" for parking in a Business Park car park in error, our own car park adjacent, but my first time using this office. No hourly rates and being stung for £180. Proserve claim they an obtain DVLA details despite not being a BPA member, nor listed on DVLA list too. No appeal process merely Proserve and the commisioning company Director considered my statement................and subsequently rejected! Do I let them take me to small claims or merely pay up? Advice greatly received.

Right, send an URGENT email to the DVLA (not politely) refusing to allow them to divulge your data to Proserve as you know from other information online that they are a private firm acting in a 'parking enforcement capacity' who are NOT an AOS member - but who have previously been given data in error by the DVLA:

email [EMAIL="FOI@dvla.gsi.gov.uk"]FOI@dvla.gsi.gov.uk[/EMAIL]

State that you require a reply to confirm your data will NOT be divulged to this non-AOS member because they are NOT acting in a bailiff capacity on this land (private land where Proserve are clearly acting as a bog-standard private parking company, issuing 'tickets' like any other PPC which anyone can see if they bother to check).

Say you are aware there's already a complaint in about this horrendous DPA breach allegedly committed more than once recently by the DVLA, and if they release your data you will immediately make a complaint to the Information Commissioner and the DVLA will also be responsible for any losses/expenses you incur having to deal with the scam.

Guys_Dad

The other point is, should it get to court, the BPA recommend a maximum charge of £100, reduced by 40% if paid within a fixed period.

Your main position is that any charge above is excessive and needs to be shown how it was got at. If they are claiming trespass, then they have an even bigger task ahead of them.

pepipoo if it gets further.

Coupon-mad

Guys_Dad wrote: »

The other point is, should it get to court, the BPA recommend a maximum charge of £100, reduced by 40% if paid within a fixed period.

Your main position is that any charge above is excessive and needs to be shown how it was got at. If they are claiming trespass, then they have an even bigger task ahead of them.

pepipoo if it gets further.

Main position on this is that Proserve are not in the AOS and yet the DVLA have given out data to them twice that I have seen, if you do a Google search (would have been on threads on pepipoo or here). So the OP needs to prevent that from even happening seeing as the DVLA are aware of the complaint made.

Guys_Dad

Coupon-mad wrote: »

Main position on this is that Proserve are not in the AOS and yet the DVLA have given out data to them twice that I have seen, if you do a Google search (would have been on threads on pepipoo or here). So the OP needs to prevent that from even happening seeing as the DVLA are aware of the complaint made.

Of course, that is absolutely correct. My advice was in the event of it getting to court, by which time the previous advice on the legality etc of getting the DVLA information would have been settled.