Parking charge notice

Topcat_147

Seems Autosec don't reply to any appeals and give a POPLA code or someone has a fetish for there decision letters and steal them before they get delivered lol. Will sit back and await the next letter from TNC.

Rich2316

Ok this is the reply I got from the DVLA


Your reference:
Phone:
Fax:
Website:


01792 783440
01792 783221
https://www.gov.uk/browse/driving





Our Ref: 74903865 DVRE3_AO D7


Driver and Vehicle Licensing Agency
Swansea
SA99 1ZZ



Date:
20 January 2017
Dear Mr

Vehicle Registration Number: Xxxxxx

Thank you for your email on 18.01.16 to the DVLA. I am the manager of the Vehicle Record Enquiries Department. Your enquiry has been passed to me to reply.

I would like to explain that DVLA takes very seriously its duty under the Data Protection Act to protect the privacy of the motorists whose details it holds for the purposes of registering and licensing vehicles, and to comply with the Act’s guiding principles. However, the Act exempts from its non-disclosure provisions the release of personal data where the law allows it and DVLA is not in a position to refuse those who have a legitimate right to receive information.

Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 requires DVLA to release information from the vehicle register to the police, to local authorities for purposes associated with the investigation of an offence or decriminalised parking contravention, and to anyone who can demonstrate ‘reasonable cause’ to have it. ‘Reasonable cause’ is not defined in legislation and requests are considered on their merits.

Requests from private car parking enforcement companies are considered to meet the ‘reasonable cause’ criteria. Unauthorised parking on private land is a problem many landowners experience and providing them with information is necessary to allow them to enforce their rights to their property.

Turning to your request, I would like to clarify that TNC collections Ltd are not a parking company. TNC collections Ltd are a Debt Collection agency who pursue a debt on behalf of parking company for a non payment of a parking charge notice. Debt collection agencies would apply to DVLA on a V888/2 form and have to be members of an associated AOS member, (BPA or IPC) to retrieve details from DVLA.

Debt collection agencies chasing a debt (non payment of parking charge notice) have up to 6 years to chase a debt. This is the guidance and operating instructions that the Vehicle Record Enquiries have been working too. Therefore your keeper details information was released to TNC collections as all the reasonable criteria had been met.

Parking companies who apply for information to the DVLA have 6 months to chase a parking ticket. Anything that is over 6 months is rejected under the reasonable cause criteria. Parking companies would apply on a V888/3 form and have to be members of an associated AOS member, BPA or IPC to retrieve details from DVLA.

However I can now confirm that DVLA are in the process of limiting requests from debt collections agencies to 6 months in line with parking companies, unless a valid reason is supplied as to why the data is required outside of the six months.

DVLA are currently writing to both BPA and IPC with Debt Collector guidance to disseminate to their members. This will ensure that parking companies know at what stage a parking notice can be passed to debt collection and debt collectors know what checks should be done to ensure a Notice to Keeper has already been sent before pursuing.

As previously confirmed DVLA has only received one enquiry for your details from TNC collections and this was processed by DVLA on 02.11.2016.

I can also confirm that Autosec Ltd are members of the British Parking Association (BPA) and have been since 01.12.2012.

Regarding the 4 alleged instances, it is not a matter for the Agency to decide on the merits of individual cases. Representations about circumstances relating to an incident should be made directly to the company concerned. I would also strongly suggest you take this up with the BPA also. Ultimately, of course, an individual may choose to put his or her case to the courts.

I hope I have explained the agency position on this and answers your questions raised in your complaint.

Yours sincerely


Gregory James Evans
Central Casework Group

Coupon-mad

Parking companies who apply for information to the DVLA have 6 months to chase a parking ticket. Anything that is over 6 months is rejected under the reasonable cause criteria. Parking companies would apply on a V888/3 form and have to be members of an associated AOS member, BPA or IPC to retrieve details from DVLA.

However I can now confirm that DVLA are in the process of limiting requests from debt collections agencies to 6 months in line with parking companies, unless a valid reason is supplied as to why the data is required outside of the six months.

DVLA are currently writing to both BPA and IPC with Debt Collector guidance to disseminate to their members. This will ensure that parking companies know at what stage a parking notice can be passed to debt collection and debt collectors know what checks should be done to ensure a Notice to Keeper has already been sent before pursuing.

As previously confirmed DVLA has only received one enquiry for your details from TNC collections and this was processed by DVLA on 02.11.2016.

I can also confirm that Autosec Ltd are members of the British Parking Association (BPA) and have been since 01.12.2012.

Riiiight - shutting the door after the horse has bolted.

So the DVLA have been allowing debt firms to get vehicle data re private parking charges, YEARS after several events, despite that data being ring-fenced not to allow the parking operators to request it after six months. ''But hey, that's alright then, your mates can get the data for you instead, for years...''

ICO complaint - online - explaining all, with emails.

+ a DVLA escalation of that complaint is called for - not good enough, data misuse - no 'reasonable cause' for the DVLA to allow a third party to side-step the time limit.

Rich2316

Reply off the BPA today


Thank you for your email, and for your patience while we looked into your enquiry.

We have contacted the parking operator who has informed us that on this occasion, due to the circumnutates regarding the length of time between the original Parking Charge Notice being issued and the Notice to Keeper being sent, they have cancelled the 4 PCNs that you have received correspondence in regards to.

The operator will send you a confirmation letter to confirm the above in due course.

Thank you again for bringing this to our attention.

twhitehousescat

Rich2316 wrote: »

Ok this is the reply I got from the DVLA


Your reference:
Phone:
Fax:
Website:


01792 783440
01792 783221
https://www.gov.uk/browse/driving





Our Ref: 74903865 DVRE3_AO D7


Driver and Vehicle Licensing Agency
Swansea
SA99 1ZZ



Date:
20 January 2017
Dear Mr

Vehicle Registration Number: Xxxxxx

Thank you for your email on 18.01.16 to the DVLA. I am the manager of the Vehicle Record Enquiries Department. Your enquiry has been passed to me to reply.

I would like to explain that DVLA takes very seriously its duty under the Data Protection Act to protect the privacy of the motorists whose details it holds for the purposes of registering and licensing vehicles, and to comply with the Act’s guiding principles. However, the Act exempts from its non-disclosure provisions the release of personal data where the law allows it and DVLA is not in a position to refuse those who have a legitimate right to receive information.

Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 requires DVLA to release information from the vehicle register to the police, to local authorities for purposes associated with the investigation of an offence or decriminalised parking contravention, and to anyone who can demonstrate ‘reasonable cause’ to have it. ‘Reasonable cause’ is not defined in legislation and requests are considered on their merits.

Requests from private car parking enforcement companies are considered to meet the ‘reasonable cause’ criteria. Unauthorised parking on private land is a problem many landowners experience and providing them with information is necessary to allow them to enforce their rights to their property.

Turning to your request, I would like to clarify that TNC collections Ltd are not a parking company. TNC collections Ltd are a Debt Collection agency who pursue a debt on behalf of parking company for a non payment of a parking charge notice. Debt collection agencies would apply to DVLA on a V888/2 form and have to be members of an associated AOS member, (BPA or IPC) to retrieve details from DVLA.

Debt collection agencies chasing a debt (non payment of parking charge notice) have up to 6 years to chase a debt. This is the guidance and operating instructions that the Vehicle Record Enquiries have been working too. Therefore your keeper details information was released to TNC collections as all the reasonable criteria had been met.

Parking companies who apply for information to the DVLA have 6 months to chase a parking ticket. Anything that is over 6 months is rejected under the reasonable cause criteria. Parking companies would apply on a V888/3 form and have to be members of an associated AOS member, BPA or IPC to retrieve details from DVLA.

However I can now confirm that DVLA are in the process of limiting requests from debt collections agencies to 6 months in line with parking companies, unless a valid reason is supplied as to why the data is required outside of the six months.

DVLA are currently writing to both BPA and IPC with Debt Collector guidance to disseminate to their members. This will ensure that parking companies know at what stage a parking notice can be passed to debt collection and debt collectors know what checks should be done to ensure a Notice to Keeper has already been sent before pursuing.

As previously confirmed DVLA has only received one enquiry for your details from TNC collections and this was processed by DVLA on 02.11.2016.

I can also confirm that Autosec Ltd are members of the British Parking Association (BPA) and have been since 01.12.2012.

Regarding the 4 alleged instances, it is not a matter for the Agency to decide on the merits of individual cases. Representations about circumstances relating to an incident should be made directly to the company concerned. I would also strongly suggest you take this up with the BPA also. Ultimately, of course, an individual may choose to put his or her case to the courts.

I hope I have explained the agency position on this and answers your questions raised in your complaint.

Yours sincerely


Gregory James Evans
Central Casework Group

Debt collection agencies would apply to DVLA on a V888/2 form and have to be members of an associated AOS member, (BPA or IPC) to retrieve details from DVLA.


INCORRECT , ANY (non ATA) company can ask for anyones details , a debt collector does NOT have to be an ATA memberf


I would like to clarify that TNC collections Ltd are not a parking company. TNC collections Ltd are a Debt Collection agency who pursue a debt on behalf of parking company for a non payment of a parking charge notice.


debt collection or parking Co , they are members of the BPA ATA , therefore MUST use form v888/3


no ifs or buts , a ATA member CANNOT legally use v888/2

Topcat_147

Glad you got all 4 cancelled.


Noticed what the DVLA said about TNC collections Ltd being a debt collector. I have a NTK and debt letters from TNC parking Services which is a trading name of TNC Management Ltd. Autosec issued PCN.


What a minefield for the average Joe public to get their head around.


Will now wait and see how the BPA and DVLA deal with my complaints but really liking the idea of getting stuck into both these "so called companies"

twhitehousescat

can someone remind the DVLS that WR are not in a ATA

Rich2316

Glad I got them all cancelled it seems the DVLA or BPA don't really give a hoot. The ICO never even bothered to reply to my concerns when I mailed them before Christmas.
Funnily enough had another letter yesterday off TCN saying they they where now advising their client to issue me with a court summons wish I could upload it here it's laughable.

safarmuk

@Rich2316 did you get an auto response email when you submitted your casework to the ICO?

If your case is in the casework queue then the reason you haven't heard is that they are running very late on responding - should be 30 days, currently 90 days +.

You should phone them and they will give you a reference code for your case. Then you can use that code going forward to chase where the case is and when they estimate they will get back to you.

pgoncalv

Did the company provide photographic evidence and copies of the contracts entitling them to claim the money? And is it for losses or costs?