2 Year old Parking fine help greatly appreciated

Coupon-mad

I think I'd change this to a harder version:

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

instead I would seize on the fact this is a 2 year old charge issued about a location you've never visited, and go for £250:

It appears to me that you have obtained my data from the DVLA falsely:

(a) it is two YEARS too late, and

(b) the demand is in connection with a location we have never visited.

As such, I have formally complained to the DVLA and BPA this week. It is apparent that TNC have breached the KADOE rules obtaining my data without reasonable cause after an inexcusable delay and without evidence of this car being at that location, which makes the data processing unlawful.

This misuse of my data has caused me significant trouble, harassment and distress. As agents for a parking firm - who are in turn agents for the landowner - all parties are responsible for a clear breach of the DPA Principles. The landowner and the parking firm (AutoSec) and TNC can now be pursued in court by me without further notice, in terms of liability for the conduct of the data controller. I will serve notice separately on the landowner and you should pass a copy of this letter to the parking company immediately.

s13 of the DPA states under “Compensation for failure to comply with certain requirements” at 13(1) that:
“An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage”.

Two significant authorities support my claim:

Vidal-Hall v Google Inc [2015] EWCA 311

and

Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333

In Vidal-Hall, it was held by the Court of Appeal that compensation was payable upon the fact of breach and it was not necessary to quantify a pecuniary loss. In Halliday, the Court of Appeal held that a compensatory sum of £750 was ‘appropriate and sufficient’.

Accordingly, since my case also involves significant data misuse by obtaining it from the DVLA without reasonable cause and outwith the KADOE and BPA CoP rules, my claim at this point in time, if settled within 14 days is at the lower end, namely in the sum of £250. All potential Defendants are respectfully advised that there is no requirement for me to quantify any loss, where data misuse is established.

You and your client are further warned that should any party contact me again in pursuit of the 'parking charge' each breach may give rise to a further sum in compensation and £250 is a time-limited offer for you to settle your joint liability.

Action required with 14 days of receipt of this letter:

Kindly confirm within 14 days who requested my data and on what date, and that you have ceased processing it and have not shared it with any party (or if you have, to which party and when).

Kindly indicate which party will settle the matter in the the sum of £250 and by when, or enclose payment with your reply to resolve this dispute without added costs. Failure to respond and/or pay the sum due (regardless of whether a POPLA code is issued) may result in the issue of a Money Claim against the landowner and the parking firm and/or TNC. Do not ignore this matter and do ensure the parking firm are informed of this serious issue.

In the event that a Claim is issued, please note that additional costs will be incurred and it is standard practice that interest on the sum claimed will also accumulate. You are urged to seek legal advice if you do not understand the implications of this letter, which serves as an 'appeal' (for want of a better word) and an initial Letter of Claim.

Yours faithfully,

And send a copy to AutoSec.

Remember if you do end up suing them for £250, the landowner must be identified and included and sent a LBC first.

pappa_golf

hang on a moment CM (and OP)

at this moment we dont know if it was autosec or TNC who applied for the info from the DVLA , and indeed was 2 yrs ago or a month ago ?
maybe all letters relating to the DPA should be held back untill the DVLA come back with both the name of the company and the date requested

then , hit them hard

Coupon-mad

Doesn't matter in my view, and I'm 99% sure TNC request the data. They usually do. And the other two parties are liable for that data controller.

And the letter covers that:

Action required with 14 days of receipt of this letter:

Kindly confirm within 14 days who requested my data and on what date, and that you have ceased processing it and have not shared it with any party (or if you have, to which party and when).

roamintherange

Thank you for you help CM and PG.

I've gone somewhere in between. I've made it clear that official complaints have gone into the DVLA and BPA and that should it be shown that the data has been requested without reasonable cause then I will take legal action against either Autosec, TNC or the land owners.

Given the financial position of Autosec regardless of the outcome I probably wouldn't see a penny of it anyway and he doesn't strike me as someone who has a great deal of respect for the County Court system. I would like to ensure he stops doing this to anyone else however!

I'll update the thread when anything progresses.

Thanks again.

pappa_golf

I would like to ensure he stops doing this to anyone else however!

just like they stopped him last time?


http://www.hulldailymail.co.uk/notorious-clamper-peter-del-grosso-hull-boss-new/story-18076684-detail/story.html

dream on , the BPA is a members club set up to protect their members ,not to assist the public

pappa_golf

keep your eye on autosec , if you are going to hit them with the DPA , you must inform companies house to stop the strike off and leave them in financial limbo , upon strike off all assets go to the crown , beat them to it!

Coupon-mad

Yes but any DPA claim MUST include the landowner - our advice must always state this as standard because a landowner is more likely to force their agent to settle and it hits the PPC where it hurts in two ways (financially and for their reputation with their client). Tough, really.

pappa_golf

roamintherange wrote: »

Thank you for you help CM and PG.

I've gone somewhere in between. I've made it clear that official complaints have gone into the DVLA and BPA and that should it be shown that the data has been requested without reasonable cause then I will take legal action against either Autosec, TNC or the land owners.

Given the financial position of Autosec regardless of the outcome I probably wouldn't see a penny of it anyway and he doesn't strike me as someone who has a great deal of respect for the County Court system. I would like to ensure he stops doing this to anyone else however!

I'll update the thread when anything progresses.

Thanks again.

no , you need to state what they have done (dpa) and set a figure to settle the problem , with a time limit to pay (just like the scum do to us) failure to pay £xx amount will result in court action commencing no later than xx days after the deadline ,

set out the amount you request (just like PPCs) , dont forget your "legal" fees etc etc , if you do not receive pennies , start court action , they will think you are talking hot air , untill they get papers , then they will worry , and maybe stop other actions

claire1a

Hi OP,

I too have recieved a letter from TNC exactly as you have stated requesting me to pay a 2 year old fine. (Also in Hull). I am just wondering whether you have had any luck with writing off to the DVLA or your appeal letter to Autosec??

Cheers

pappa_golf

check the other thread you have posted on , for info