Data Protection Act Guidance

twhitehousescat

it should be noted that BPA companies have been TOLD not to proceed with claims via POPLA , yes TOLD!


http://ispa.co.uk/hs-view/Minutes%20-%20IS...l%20version.pdf

page 4

2. POPLA and appeal process for Railway Land
There is a meeting on 27th January 2017 to discuss this issues. John Gallagher decided to
make a decision on the outstanding cases as they could not stay adjourned, he concluded
that he would allow them all. He has invited the Operators to withdraw them and will allow
the rest. He is meeting with with the DVLA, DCLG and the Railway Operators on the 27
January 2017 to agree the process including the appeals.
If you park in a railway car park it will be a criminal case and they will allow clamping, which
does not seem good practice.
One possibility is the DVLA to say that operators can continue to use POPLA but this means all
appeals will be dismissed. Currently they are bound by the decision where the appellant is
not. The alternative will be to take POPLA out of the equation and then it is pursued through
the criminal system

now having been TOLD that they have to go down the tresspass route , and the fact that they cannot hand data to a non ATA company (TOC) this clearly shows that as of 27th January 2017 any company (APOCA?) getting info should have a case of DPA brought against them

Kernowc1

Hi all,

Firstly, thanks for such an informative thread - it has been incredibly useful.

My situation is that, I am a registered keeper of a vehicle that entered a carpark covered by ANPR cameras.
The driver did not pay and left the car park 40 minutes later after picking up passenger from delayed train.
I have appealed, first to APCOA and then to POPLA on the grounds of non-relevant land > not evidencing driver etc. etc.

Interestingly (in my opinion) the evidence submitted to POPLA by APCOA states that they did not issue under or in accordance to POFA 2012 as they are bound by bye-laws etc. and have focussed their claim against the keeper due to the driver not abiding to T's & C's.
Having found someone useful at the DVLA, I have evidence that they accessed keeper information via KADOE.

I am looking for some opinion's on this, but it seems to me that I have it in black and white that they were never abiding by POFA 2012, and therefore fraudulently accessed my data via KADOE in clear breach of contract and the DPA.

My first appeal pointed out that it was not 'relevant land' and there was no law or bye-law that allowed them to pursue me as keeper' in relation to this "offence" at this site, yet they proceeded to chase me for payment.

I would agree that the language used in their PCN can not be deemed as a polite request for the drivers information. Indeed, at the very top it states that 'Notice is hereby served to the registered keeper' for the alleged parking offence - and other such language afore mentioned.

Not to sound pathetic, but this has caused distress as I have never received a penalty, be it for speed, parking etc. etc. and I have sent numerous complaints to the GWR regarding the conduct of their sub-contractor. I am fully inclined to take this to the small claims court and am currently penning a letter to APCOA to inform them of my intention to do so should compensation not be forthcoming.

Any advice on this case or suggested wording for letter would be greatly appreciated.

And for note, I am that stubborn that I fully intend to go to court should compensation not be paid!

Cheers

twhitehousescat

you should actually start a new thread , however in your case this has been explained see http://forums.moneysavingexpert.com/showpost.php?p=72050273&postcount=22 then go back to page one of this thread and copy the most sutable letter and send it

safarmuk

Sorry to regenerate this thread but I have a related question:

Is there a template email to send to the DVLA to request them to disclose the date on which Registered Keeper Data was requested by and sent to a PPC with respect to a vehicle registration number?

Also will this work for a hire car or lease car? E.G. would the DVLA disclose this to the hirer or lessee.

The reason I ask is that I need to help a friend establish if the RK details of a hire car were retrieved AFTER the driver was named.

pappa_golf

safarmuk wrote: »

Sorry to regenerate this thread but I have a related question:

Is there a template email to send to the DVLA to request them to disclose the date on which Registered Keeper Data was requested by and sent to a PPC with respect to a vehicle registration number?

Also will this work for a hire car or lease car? E.G. would the DVLA disclose this to the hirer or lessee.

The reason I ask is that I need to help a friend establish if the RK details of a hire car were retrieved AFTER the driver was named.

v888 gets you info about "any" car , BUT as any requests for the VRN would just reviel the owner who you say is a hire Co? , more likely THEY have handed details to the PPC

IF it was your own vehicle (reg to you) then this letter will get an answer with no payment

Example Letter

[Your Address]

DVLA Vehicle Record Enquiries section

Longview Road

Morriston

Swansea

SA99 1AJ

Dear Sirs

Re: VRM AB12 XYZ

As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.

I understand there is no charge for this information and look forward to your speedy reply.

Yours faithfully



Mr Registered Keeper

safarmuk

Yeah, the problem is thus:
Scenario 1: Hire Car got a PCN (windscreen ticket), driver was named, but PPC also went and got Registered Keeper details and sent the NtK to the hire company who paid it.
I need to find out if the RK details were retrieved before or after the driver was named

Scenario 2: Lease Car got a PCN, lessee did not know what to do, obviously the PPC went and got the Registered Keeper details and sent the NtK to the lease company who paid it.
I want to know how long they waited before going to the DVLA

I am trying to help these people who seem to not realise quite what they are dealing with. I have told them to come on here themselves but to no avail so far. I think one will soon.

Scenario 1 is the more pressing matter for now. So based on the letter above would the DVLA give the information requested to the hirer of the car?

pappa_golf

there is an agreement with the british van and car rental mob (cant remember full name) that they do NOT pay private invoices , only full LEGAL magistrate type ones , the wording to look for is "fines" , a legal term ,

obviously you need to start your own thread , was this a national company?

DoaM

BVRLA is the trade body, and you're thinking of the Memorandum of Understanding. (I have it in my Dropbox account - I'll link it later when I'm home, if I remember).

safarmuk

Hmm, been speaking to the person and they forwarded me an email. The hire car company said paraphrasing slightly "we pay the fines <their word not mine> in cases where we cannot transfer liability to the driver, so the fine <as above> does not escalate"
Apparently it also seems the T&Cs in the hire contracts also mean you agree to this - checking this.
Not sure if they know the hirer name and address why they couldn't transfer liability to the driver mind ...

Also, yes it was a national company I believe.

However although interesting, this is the sideshow, the real question is to get the data from the DVLA with regard to when the PPC asked for RK details ... who needs to ask - the hire company or the hirer AND can it be done by email?

pappa_golf

its not a "fine" its an invoice , credit card chargeback needed also read the BVRLA blurb and complain to them