Appeals Process - Errors on both parts?

bartos1976

Thanks CM, hope you're well

Coupon-mad

Getting over a bug, since you ask! Hope you are well too!

bartos1976

Evening all,

Had a response from DVLA, pretty standard and includes a copy of their request for data which is dated 23/12/16, 5 days before the 56 day deadline for serving.

According to their records it was processed at DVLA on 05/01 and first service of any NTK came on 17/01 at a time when my appeal was lodged with POPLA. Of course my appeal was allowed, on 30/01, but they continued to send letters demanding money after this.

Do you guys think I still have a case for misuse of data under DPA? Personally i think so just concerned I might be wasting my time with them submitting the request to DVLA within the 56 days? In my opinion though this was pointless as they could not have expected to receive a response in time to serve the NTK considering we were out to go in to the christmas holidays

I look forward to your responses

Coupon-mad

Yes I can't see that they had reasonable cause to get your data when under appeal and secondly, when the case was at POPLA, they had no reanable excuse to send letters demanding money because this is against the BPA CoP and POPLA process, during which operators must 'stop work' on a case and not send demands.

First thing is a complain to the ICO expressing a concern that your data has been misused contrary to the KADOE and BPA Code of Practice. You can do that online and attach evidence (letters etc). Make it as strong as you can and spell it out for the ICO by quoting the CoP and the KADOE (Google it). Also quoting the 56 day rule from the POFA because the ICO will not be familiar with Schedule 4 like we are and will probably assume that all pakring firms *can* hold a keeper liable - you need to make all this clear = that they can't, they were too late to hold a keeper liable and they breaches the 'reasonable cause' KADOE requirement and the BPA CoP.

Anyone thinking of a data misuse claim should get their ducks in a row, including trying their hardest to get an 'upheld' ICO complaint first.

bartos1976

Thanks CM I'll put together a letter in the next week or so and post it here for review if that's OK

bimma

bartos1976 .

I too will be interested to see this letter template so i can use it , I have a similar situation but my case wasnt in popla appeal when they applied to DVLA, just 200 days after the alleged notice to driver. And again as your case, TNC continued to send letters whilst the case was with popla.
Eventually after several complaints to BPA the Parking company cancelled the ticket. And they notified POPLA they were not contesting the appeal therefor POPLA was decided in my favour aswell