Appeals Process - Errors on both parts?

Coupon-mad

I think I would go for a complaint to the ICO first, against TNC and the parking firm for passing the case to TNC, for applying to the DVLA without reasonable cause.

Get an upheld complaint from the ICO and then use it as evidence in a LBCCC then DPA breach claim. Bargepole has recently posted an example LBCCC for this sort of situation but I reckon build your evidence first with an ICO complaint.

twhitehousescat

TNC have been using form v888/2 whilst being a member of the BPA and acting as a parking Co , check with the DVLA , then bite

bartos1976

Thanks both i'll get on it, in the meantime I'll inform RCP of the allowed appeal and request they send confirmation of such

twhitehousescat

no do nothing , its upto POPLa to tell them , popla failure or their stupidness may cost them more , check up on the dvla access , ask when and by whom asked for your details ,I will guarrentee it came back as TNC using using company reference Z7795875 https://ico.org.uk/ESDWebPages/Entry/Z7795875

and using form v888/2


LEGAL SERVICES BUREAU
TNC COLLECTIONS
TNC LEGAL SERVICES

note:

TNC Management Ltd t/a TNC Collections are BPA AOS members and MUST use v888/3

bartos1976

Ahh maybe my stupidness will cost me more, I should have checked back for replies before i e-mailed them, lesson learned.

Thanks for the other stuff i'll contact DVLA and await their reply before I log a complaint with the ICO

Coupon-mad

That's fine, just build your evidence slowly, no rush to issue a claim.

safarmuk

Yes, there is no rush, the ICO are running way behind in their case loads. The 30 day SLA is fast becoming a 90 day SLA.

Casework logged in December has yet to be assigned and looked at apparently.

bartos1976

Evening all, finally got round to contacting DVLA and got this response

I regret to advise that we are unable to provide this information via email.

If you believe your details have been obtained fraudulently or misused, you will need to write a letter to our Driver and Vehicle Record Enquiries (DVRE) department. Their address is as follows:

DVRE
DVLA
Swansea
SA99 1AJ

In your letter please include the following:

?Details of how the information has been misused
The vehicle registration number

DVLA will investigate all allegations where information has been requested unlawfully and where appropriate, refer to the Information Commissioner for prosecution.

You will receive a response within 4 weeks.

Is there anything else I need to include in my request? And should I wait 4 weeks for my response before my own complaint to ICO?

Many Thanks

bartos1976

So, TNC are still chasing this despite RCP telling me that they sent instructions to them to close it after my successful POPLA appeal.

TNC asking for £179 now, should I contract them or RCP or leave them to it and continue with my DVLA/ICO contact?

Coupon-mad

bartos1976 wrote: »

So, TNC are still chasing this despite RCP telling me that they sent instructions to them to close it after my successful POPLA appeal.

TNC asking for £179 now, should I contract them or RCP or leave them to it and continue with my DVLA/ICO contact?

Leave them to it and include copies of these letters, with your DVLA/ICO complaints. This helps your case to claim!