Is it a private road?

minttea1

UPDATE.. we decided to be proactive,
So we wrote to both the landowner and DVLA. The landowner did make contact with UKPC to request a copy of the POPLA code which UKPC said it was "too late".


The DVLA complaint centred around Kadoe and release of keeper details.
Response was as follows:


Dear minttea1
Thank you for your recent correspondence.

Requests for information which are submitted electronically are not required to submit any evidence with their request, however, this evidence must be made available upon request from the DVLA. It is the responsibility of the company to ensure that reasonable cause is met and sufficient evidence is captured before making an enquiry.

I have investigated this matter with UK Parking Control Limited and they have provided photographic evidence which appears to show your vehicle parked in xxxxxxxxxx. The reason for the enquiry was ‘no permit displayed’ and the evidence provided meets reasonable cause to make the enquiry. UK Parking Control Limited have also confirmed that the ticket was cancelled as a gesture of goodwill as no POPLA verification code was provided on the correspondence to yourself.

DVLA cannot regulate the practices of private car parking companies. The Agency accredits trade associations to ensure that those who request information are legitimate companies that operate within an enforceable Code of Practice. Accredited Trade Associations (ATAs) have responsibility for ensuring compliance with their code of practice so when we receive an enquiry or complaint relating to the practices of a private parking company, we pass it to the relevant ATA to investigate and inform us of the outcome.

The company in question, UK Parking Control Limited, is a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The BPA’s code of practice is published on its website at www.britishparking.co.uk under the heading “Approved Operators Scheme”. If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA.

If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA at Stuart House, 41- 43 Perrymount Road, Haywards Heath, RH16 3BN.

I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure for your reference. https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

Yours Sincerely,
Mr X.



I find the response a little spineless to be honest, hey ho.
In short, UKPC were lying when they say they sent the code as the DVLA confirmed. So don't take a word they say as fact.

Btw, I notice that the appeal template has been updated on the website to include DVLA release of details. Really pleased to see that there. Not sure if there's still room to sue for the release of details and data breach, but the positive outcome at least was that the ticket was cancelled, so we're happy.

Umkomaas

Standard 'sit on our hands' response from the DVLA.

Yours Sincerely,
Mr X

It wasn't Brian Dodge was it, he used to be the 'front' for these 'dodge the issue' replies? Couldn't have a better surname.

Not sure if there's still room to sue for the release of details and data breach, but the positive outcome at least was that the ticket was cancelled, so we're happy.

If you now want to turn the tables you could sue them for misuse of your data under the DPA. It's not for the faint-hearted or for those who think it's an easy run, assuming the forums will do most of the work - they won't. If you're prepared to put your back into this, the following will hopefully assist you.

DATA PROTECTION ACT GUIDANCE

First and foremost, please read thoroughly this extensive guidance put together by MSE poster Timothea. This will give you the background and conditions for you to consider and determine whether you might have a case to pursue.

https://forums.moneysavingexpert.com/discussion/5585388

Other Sources

http://www.parkingcowboys.co.uk/data-protection-act

Some apposite blogs from the Parking Prankster:

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Latter part of this blog:

http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

Do a search there to get the hang of what this is all about and whether you might want to take this fight back to the PPC.

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

LETTER BEFORE COUNTY COURT CLAIM

Drafted by Bargepole 05/02/2017

http://forums.moneysavingexpert.com/showpost.php?p=72049019&postcount=18

There's no need to rush this - you have 6 years to issue a claim. Over the next few months I expect a few substantive cases will start to emerge and forums will learn what works (and what doesn't) so stick around and read what comes up and base your decisions around those outcomes.

HTH