Premier Parking Logistics

bazster

Aside from the possibility of dear old Walton having been a naughty boy, if DVLA respond that no-one got your details from them then Walton is ferked: POFA 2012 Schedule 4 is clear, for keeper liability to apply the keeper details must be obtained from DVLA. If he got them by any other means there is no keeper liability.

As above, DO NOT APPEAL! Any "appeal" to Walton will be rejected out-of-hand, and since he isn't an ATA member there is no other appeal route. So don't bother, you will only risk giving him something he can use against you.

jimbo2109

Thanks for all the help everyone!

I've had a reply back from DVLA who have advised that this is a data protection issue rather than freedom of information and have posted out a response to my query via second class post tot he registered keeper address.

I had a read through the POFA legislation and the paragraph relating to getting keeper details seems to be as follows:

"3. Will landholders who are not members of an Accredited Trade
Association be able to pursue registered keepers to get driver details?
They will only be able to do so if they meet all the conditions required by
Schedule 4 and they are able to demonstrate reasonable cause to satisfy the
DVLA that there is sufficient reason to release the registered keeper details.
The DVLA considers applications from non-accredited companies or individuals
to release registered keeper details individually on a case-by-case basis.
DVLA may release data on the basis of reasonable cause under the Road
Vehicles (Registration and Licensing) Regulations 2002 (regulation 27).
Information on DVLA’s data release policy is available on the DVLA website at
[IM2NEWFORLINKS]"

Sort of sounds like you can get just have the information if you have a reason..

bazster

Nope, they will not release the data to a parking operator who is not an ATA member. They recently told another cowboy (Duff/Proserve) that it couldn't have data because it wan't an ATA member, and then successfully defended this position in the High Court when Duff brought a judicial review.

After all that, they ain't going to change their policy for a jerk like Walton Wilkins!

jimbo2109

Hello!

So, I have news from the DVLA. They have written to me and advised that noone has requested my details from them during the time periods specified (from date of ticket to date of request basically).

On the basis that details must be provided by the secretary of state, does that leave me in the clear?

Coupon-mad

Obviously. Nothing has changed, this was never one to appeal because they aren't members of an ATA and merely rely upon victims & idiots paying them or appealing and sending them a name and address to harass.

They couldn't get your data so the 'ticket' had as much clout as a Burger King flyer on your windscreen. Enjoy Christmas, relax. This is nothing.

jimbo2109

Thanks, I have had a letter so my address has been obtained somehow.

There's nothing further that can be done then? I'm sure I saw another thread where someone was receiving court summons..

Castle

jimbo2109 wrote: »

Thanks, I have had a letter so my address has been obtained somehow.

There's nothing further that can be done then? I'm sure I saw another thread where someone was receiving court summons..

Get in touch with the ICO as neither Premier Parking Logistics nor Walton Wilkins is registered with them. Failure to register when required is a criminal offence.

jimbo2109

Hi All,

So I've got some updates..

I've received two letters from MIL collections in Truro (seems pretty par for the course with PPL). The first letter purports to be from Walton Wilkins T/A Premier Parking Logistics (but is stamped as being posted in Truro) advising the "debt" has been sold. The second letter is a Letter Before Action from MIL.

From all the reading I've been doing I think the right course of action is to ignore again and wait for the court summons to come through. Does that sound right..?

In terms of defence against the court summons I think I am looking at the specific parts of POFA that have been violated..? Is that right?

Thanks!

jimbo2109

Council have also responded today regarding my data protection request - I've handed all the details over so should hear back fairly soon on whether they have some leaky data..!

Redx

you wont receive a "summons" , as this is a civil matter

MIL do try a claim via the small claims court, so have a read of the recent cases on here and on pepipoo , plus have a read of parking pranksters recent blog where they lost in manchester

I suppose its up to you if you reply to the LBC, or ignore and wait for a court claim , then defend it using the same aspects used in the other court cases, dont limit yourself to just POFA 2012 , locus standii and other factors also seem to be used