PCN from ZZPS

parkingnuts

Ok, starting to get annoyed now.

Have contacted ZZPS on 4 prior occasions, and now they are threatening to take me to court for not contacting them. (I contacted them by email to ensure proof of contact). I assume this is a scare tactic?

The DVLA is also only provide rubbish answers. They have supplied my details as keeper even though Vinci and ZZPS issued an invalid NtK.

DVLA claims that because the NtK did not mention PoFA they can release data under "reasonable cause" of DPA. However, under the first principle of DPA, reasonable clause only applies where "processing is necessary in order to pursue the legitimate interests of the "data controller" or "third parties" (unless it could unjustifiably prejudice the interests of the data subject)". The DVLA only quotes the first part of the principle, not the part in brackets. My interests as data subject are now being prejudiced due to release of data by the DVLA to an organisation that has not stuck to the law in terms of timelines and yet now issues a threat to take legal action.

Redx

debt collectors cannot take legal action as they dont own the alleged debt (a debt unproven and not agreed to)

the NEWBIES sticky thread post #4 deals with debt collectors, personally I wouldnt even reply to them , just stick by the word IGNORE as far as debt collectors and private parking issues go

parkingnuts

ZZPS Ltd The story continues.....this is the letter i had today from Wright Hassall LLP on behalf of ZZPS Ltd (the debt recovery people). It is a standard letter

Dear <name>
Wright Hassall Reference <ref number>
PCN No. <PCN No.>
Vehicle Reg. <Reg.>
Location <as specified>
Issue date <" ">
Parking event <Parking without displaying valid payment>
Car Park Operator <Vinci Car Park Services UK Ltd.>
Outstanding Balance <>

We have been instructed by the above client in connection with the recovery of the debt, which has been incurred following the failure to repay the PCN. As a result of persistent non-payment a £18 administration fee has been added to the outstanding balance and we require you to make payment in full within the next 14 days.

Failure to make payment in full or contact us to discuss repayment of this debt may result in us recommending to our client that we pass this matter over to our litigation department. This may mean they will look to obtain a CCJ. The possible impacts of having a CCJ registered against you are:

. Negative impact to your credit rating
. Prevent future lending
. Affect current employment or future prospects of employment
. Enable enforcement action to commence, such as obtaining an Attachment of Earnings, placing a Charge on your property or applying for a Warrant of Execution (instructing a bailiff)

Please call us on <number> to make a payment by debit of credit card, this is the simplest and quickest method of payment or alternatively please send a cheque to the above address, quoting our reference number.

Please note that free independent advice and assistance can be obtained for the free independent advice organisations in the attached overleaf.

We hope to resolve this matter without the need of reviewing your outstanding liability; therefore we look forward to hearing from you.

Yours faithfully

WRIGHT HASSALL LLP


So the context of this is:

(a) An invalid NTK issued to me (they asked for the data from the DVLA 59 days after the windscreen ticket) and issued the NTK 69 days later. The document is headed NTK although omits to mention POFA.

(b) I appealed. The replied AFTER 28 days, and refused to give me a POPLA code.

(c) I appealed to BPA - still no response 6 weeks later. Please no advice on chasing up - i have learnt that BPA, DVLA and ICO all give stock answers and i'm not looking to appeal to another desk jockey in these useless organisations

(d) DVLA - stock answers, althoight admitted that all they look for is membership of an ATA as reasonable cause. Even though they released data 59 days after an offence in order to pursue a registered keeper, they still maintain they had reasonable cause?????? Still waiting for complete redacted record of requests in 2014 under FOI - i am going to skewer them on their own data if i can show they are releasing data after PoFA limits then i can prove they have not got adequate controls nor reasonable cause.

(e) ICO - they wouldn't do anything unless the DVLA themselves admitted blame. Most bizarre.

(f) Now ZZPS escalate to their paramilitary wing solicitors despite this being under appeal at BPA. Crack on, our family friend is a lawyer who wins far more case than not against PPCs.

(g) Have complained to FOS. More my territory coming from a financial services background. If this were a bank or insurer, the FOS would slaughter these companies. Bear in mind that my case represents an escalation of debt from a 50p ticket to a £140 charge - this is far more punitive than the more publicised unauthorised overdraft charges in banking. In effect, these companies are not following the law and codes of practice and are consurmers into debt - all the while they do not provide clear, transparent documentation to explain why the course of action is the right one. In FS, the FOS would take 5 secs to throw out these cases. Each case referred to FOS in FS (justified or not) incurs a several hundred pound charge upon the financial institution. I have asked the FOS to apply similar standards to the Private Parking sector - it would decimate them, GPEOL or no GPEOL.

I'll keep you posted........

Ralph-y

parkingnuts Have you read this thread ?

https://forums.moneysavingexpert.com/discussion/5182828

Ralph:cool:

parkingnuts

Yes, there is nothing of interest there

waamo

I would chase up the BPA. They should have replied by now.

parkingnuts

Chased them up last week, and got promised they would chase the PPC. Which just made me madder.

Nodding_Donkey

Why are you getting worked up over a debt-collector. Just ignore them.

parkingnuts

Vinci and Zzps have capitulated!!!! Success!!!!

They were too late in issuing the ntk, yet still issued harassing and threatening letters escalating alleged debt by 2560% in the meantime.

Anyhow, heel of the reel is this:

I am now in the process of suing these people. I have proof that they applied for the data release too late and still pretended that this was a valid request. This represents a misleading operating model as they have no defense they could not have known.

I have asked the BPA to sanction Vinci and ZzPS by striking them off since they are indulging in misleading customers to believe that charges are valid even when they are not. I am pushing for punitive damages.



Never give in to these scum without a fight. Use these very helpful people on this site to educate yourselves from POPLA to Pre-Direction, and then fight. Expect nothing from the DVLA, BPA, and ICO.

From a FOI request, the DVLA admitted they have no operational control plan to ensure only data within the 56 day limit is released. The only controls in place are a PPC on an ATA list - this is the only reasonable cause test applied!! Remarkable incompetence.

Usain_Boat

Parkingnuts ,

I am in exact situation as you were right now ! They parking company didn't provide me POPLA code and ignored my appeal twice. I am keep receiving letter from ZZPS a debt recovery company and threatening me they will pass on this to their client's solicitors.

Did you write letter to ZZPS directly ? or keep emailing the parking operators ? I've emailed BPA twice and they aren't helpful at all.

I appreciate your help