ParkingEye PCN Using Incorrect Address

Generalbackground

Hi all,
Hoping someone can offer some advice.

Today 6/5/15 received a letter from ParkingEye stating that they had written to me at the address that I had registered with the DVLA at the time of the Parking Event, however it has come to their attention that I no longer live at this address. The new address has been supplied to ParkingEye by a credit reference agency.

My issue is that at the time of the parking event my details registered at the DVLA were with the new address and not the one they had originally used. Is there any come back for me to challenge the parking charge based on the fact they say that the address was different. Looking at other posters around it might be that they have just used an address from a previous offence and didn't actually obtain the details from the DVLA.

Can anyone offer any advice please?
Thanks in advance
GB

Marktheshark

Ask them to supply a copy of the signed credit agreement they have with you that allowed them to search your credit file.

Generalbackground

Thanks Mark, is that a popular response in an appeal letter to the PPC?

I am aware I need to appeal to the PPC, but should I be getting in touch with the DVLA trying to ascertain if the PPC did obtain my details or is that a question to the PPC in the appeal letter to ask them when and how they got my incorrect (and old) address?
GB

neil.net

Generalbackground wrote: »

The new address has been supplied to ParkingEye by a credit reference agency.

Following from Mark's post, they can't consult a credit reference agency unless they have your permission http://www.experian.co.uk/consumer/questions/askjames227.html (slight (different circumstance, but the same principles and recourse apply).

I'd say it's something that should be included in your appeal to highlight their bad practice and is definitely something to pursue in its own right, certainly an example of bad practice to be highlighted in the government consultation.

ColliesCarer

Generalbackground wrote: »

Thanks Mark, is that a popular response in an appeal letter to the PPC?

I am aware I need to appeal to the PPC, but should I be getting in touch with the DVLA trying to ascertain if the PPC did obtain my details or is that a question to the PPC in the appeal letter to ask them when and how they got my incorrect (and old) address?
GB

They may possibly have already had your (old) details on file and thought they could avoid paying £2.50 for DVLA access.

But, by the time they realised they'd [STRIKE]f***ed[/STRIKE] messed up, they would have missed the 15 day POFA 2012 Sched 4 deadline (and they know it) so are now trying to still be able to extract money from you by claiming they were given old details by the DVLA.

So no point in asking them for the information - they won't tell you - but you can include it as a challenge.

You can also request information from the DVLA but do so in the form of a complaint.

Perhaps by saying that despite having updated your Registered Keeper details you have reason to believe your records may not have been updated and seek confirmation of the details held, the date they were actually updated to show your current address. Also request info on when/by whom your details have been requested since <parking incident day> - as you believe if such a request was made it was without reasonable cause - and you need to be persistant!
See bottom of post #6 of NEWBIES thread for contact details

If you can show
a) the date your details reflected your present address and therefore their claim that they requested your DVLA details in time but were supplied with an old address is untrue or
b) they accessed your (correct) DVLA info too late for POFA 2012 or
c) they have never accessed your DVLA info (they must for each parking event)
you have a slam dunk win

nigelbb

ColliesCarer wrote: »

They may possibly have already had your (old) details on file and thought they could avoid paying £2.50 for DVLA access.

They are absolutely forbidden to do this. Not only is it a serious breach of the DPA (data only held for as long as necessary) but PE cannot know that the car hasn't been sold. They must always purchase the keeper details for the date of the event. The DVLA are very laid back about all sorts of PPC misbehaviour but as keeping old RK data stops their gravy train they will get very upset with any PPC that was to save old RK data.

ColliesCarer

nigelbb wrote: »

They are absolutely forbidden to do this. Not only is it a serious breach of the DPA (data only held for as long as necessary) but PE cannot know that the car hasn't been sold. They must always purchase the keeper details for the date of the event. The DVLA are very laid back about all sorts of PPC misbehaviour but as keeping old RK data stops their gravy train they will get very upset with any PPC that was to save old RK data.

Thanks for the extra clarification Nigel.
This is why I think the OP should attempt to find out the details from the DVLA.

The_Deep

Marktheshark wrote: »

Ask them to supply a copy of the signed credit agreement they have with you that allowed them to search your credit file.

Do they need one?

Marktheshark

The_Deep wrote: »

Do they need one?

The Person to ask for a definitive answer as would be Fermi on the finance boards, but as far as I am aware they need either a credit agreement or an application for credit to search a third parties details which will leave a trace and reduce the OP's credit score.
As credit searches can be bought for 60p these days, they might be trying to cut costs by lying and avoiding DVLA at £2.50.
Thats a lot of £1.90's they save.

The_Deep

AFAIAA, this was not a credit search but a search for an address, the same as 192.com will do for a small fee.

Generalbackground

So just to update this - thanks for all of the responses - but having gone through my paperwork it seems that I have only updated my address with the DVLA for my drivers licence but not the log book as it seems that it is a separate database.

That being said I do not think I have any legitimate reason for appealing other than the using the appeal templates that have been posted.