CPM PCN, followed newbies advice...

twhitehousescat

I suspect it may be worth the £3-6 in costs , as you could (possably) turn it around , not only gertting them sanctions fron their ATA , more trouble from the DVLA , and a possible claim for them getting your info from the DVLA (DPA)

do you have a wider shot showing the road , or can you give us a postcode to look at google maps?

post code would be good

superlight

Just read this from the IPC Code of Practice....

Where keeper details are provided to you by the DVLA, they must only be used for the purposes for which they were disclosed to you .

Where you are provided with keeper details in relation to a parking charge, the details must only be used in relation to the enforcement of that charge. They must not be used in order to enforce any other parking charge(s).

You must not apply for keeper details on behalf of any third party company or
individual who is not a member of an Accredited Trade Association.

Any Keeper Data supplied to you must be handled and processed strictly in accordance with all applicable legal directions.
Failure to abide by any applicable laws relating to data handling is viewed seriously by the IPC and will be considered a serious issue of non compliance





Well the fact that this company has sent a Parking charge notice letter to me with The VRN, location and date clearly belonging to someone else, would suggest a breach of the IPC code

twhitehousescat

superlight wrote: »

Just read this from the IPC Code of Practice....

Where keeper details are provided to you by the DVLA, they must only be used for the purposes for which they were disclosed to you .

Where you are provided with keeper details in relation to a parking charge, the details must only be used in relation to the enforcement of that charge. They must not be used in order to enforce any other parking charge(s).

You must not apply for keeper details on behalf of any third party company or
individual who is not a member of an Accredited Trade Association.

Any Keeper Data supplied to you must be handled and processed strictly in accordance with all applicable legal directions.
Failure to abide by any applicable laws relating to data handling is viewed seriously by the IPC and will be considered a serious issue of non compliance





Well the fact that this company has sent a Parking charge notice letter to me with The VRN, location and date clearly belonging to someone else, would suggest a breach of the IPC code

YES but the IPC will not care , you will find its the same lot that will be getting paid again to take you to court

the problem with the wrong data is one to put to the DVLA

what was the postcode of the shop?

Coupon-mad

superlight wrote: »

Just read this from the IPC Code of Practice....

Where keeper details are provided to you by the DVLA, they must only be used for the purposes for which they were disclosed to you .

Where you are provided with keeper details in relation to a parking charge, the details must only be used in relation to the enforcement of that charge. They must not be used in order to enforce any other parking charge(s).

You must not apply for keeper details on behalf of any third party company or
individual who is not a member of an Accredited Trade Association.

Any Keeper Data supplied to you must be handled and processed strictly in accordance with all applicable legal directions.
Failure to abide by any applicable laws relating to data handling is viewed seriously by the IPC and will be considered a serious issue of non compliance





Well the fact that this company has sent a Parking charge notice letter to me with The VRN, location and date clearly belonging to someone else, would suggest a breach of the IPC code

Yes and breach of the DPA and mishandling of the other person's data provided by the DVLA.

So as advised:

Complain to the DVLA that you have received someone else's details which you believe is a breach of the DPA. Ask them to investigate.

And put in an online complaint to the Information Commissioner which is easy to do (tick boxes and show them evidence). The point of these complaints is then to enable you to claim or counterclaim against the PPC for a 3 figure sum, partly based on them sending you someone else's data but also a breach of the KADOE in obtaining your data without complying with the IPC code of practice, by virtue of the predatory practices used, the hidden signs and maybe this is public highway if it's like the Poole case I showed you (a road with forecourts outside shops, not a car park?).

If this was a road, the Council will enforce if it is public highway, even on shop forecourts, therefore it is not private land. You would have to do what the Poole poster is doing and prove it, by asking the Council to confirm that a CEO enforces those forecourts on that road, under the TMA2004. If so, then the DVLA gave out data in error and the PPC never had a right to process it at all - hence you wold then have grounds to sue for compensation from the parking firm and the shop who contracted them, as jointly and severally liable for the tort of data misuse.

Or is it in fact private land/a car park, not a road with a shop forecourt?

Castle

superlight wrote: »

Well the fact that this company has sent a Parking charge notice letter to me with The VRN, location and date clearly belonging to someone else, would suggest a breach of the IPC code

I'm assuming the PCN is not addressed to you?

twhitehousescat

Castle wrote: »

I'm assuming the PCN is not addressed to you?

bad postman if he delivered a letter addressed to a completely different person to the OPs house