Parking Notice from September 2010

88Tracy88

I first received my Parking Notice in September 2010. Over the past several years I have received sporadic letters from the parking company all of which I have ignored.

This week I've received a further letter with supposed photographic evidence and a letter threatening Court.

What i'm wanting to know is is the Parking Notice still valid as it has been over 6 years since first issued? Do they ever become invalid ?

Thanks

twhitehousescat

if the parking notice is over 6 yrs old and you have not had communication with the company or its debt collectors it is statutory barred , do not bother replying , If they are foolish enough to start court action , then return .

they are possibly trying to fool the courts and hope you have moved address and go for a default win

who is the parking co involved and if the latest threats are from "legal"who are they ?

Coupon-mad

88Tracy88 wrote: »

I first received my Parking Notice in September 2010. Over the past several years I have received sporadic letters from the parking company all of which I have ignored.

This week I've received a further letter with supposed photographic evidence and a letter threatening Court.

What i'm wanting to know is is the Parking Notice still valid as it has been over 6 years since first issued? Do they ever become invalid ?

Thanks

Well as long as this was certainly 2010, complain to the BPA or IPC (if the parking firm is still a member of one or the other), and copy in the DVLA, complaining that this firm has breached the Code of Practice and misused your data by storing and processing it longer than is necessary (and lawful) bearing in mind it is statute barred after 6 years.

As such, since the DVLA supplied the data, you are formally reporting this breach by a firm who currently appear still able to access other keeper's data and you feel that access should be removed.

Then go onto the ICO website to report misuse of your data which was supplied by the DVLA for one purpose only - and this is not it. Harassing a registered keeper after more than six years (a time when any 'debt' is statute barred so the court threat is untrue and unfounded) is causing you significant distress and embarrassment as this letter was seen by others in the household. Further, the data is being misused to pursue a keeper when in 2010 this was prior to 'keeper liability' under the POFA Schedule 4 (Oct 2012) and keepers cannot be held liable nor assumed to have been driving. There was never any such right and the data was only supplied in 2010 merely to enable a parking firm to 'enquire' who was driving - not to sue that keeper if they do not say, as is their right regarding private land civil charges. The data has been kept for longer than necessary and the reasons for processing it now falls outside the law and DVLA KADOE rules granting this under excuse of 'reasonable cause' only under strict provisos.

Does that sound like a faff? Worth it if you are up for making some money from the nasty lot!

With the aid of these complaints under your belt, you can then sue the parking firm for at least £250 for data misuse which doesn't even need you to prove any more than the fact it happened (dates), helped by the evidence of the ICO and other complaints being upheld.

You could sue for more, no risk, and it costs you a punt of just £35 using MCOL, for a claim of up to £500. You claim that £35 fee back too...

https://forums.moneysavingexpert.com/discussion/5585388

HTH

twhitehousescat

once the statute barred date has come into effect , the claim for monies is not dead , you still owe it (or they allege you do) the only thing that happens at 6 yrs , is the fact that in most cases they cannot now start a CC claim ,

the money is still owed (or alleged) for life , so keeping details is NOT illigal

banks etc do this if you have been a "bad customer" , you are marked for life as you still owe them (or not) money


the ICO or DVLA cannot help or assist , nor can you start a claim under DPA. the PPC allege you owe money , but are now unable to start court action


the PPC can write to you for the next 100 yrs , he can even threaten court action , BECAUSE in some instances court action would be allowed - but not parking charges


the only time to kick off is if they DO start court action

Coupon-mad

the money is still owed (or alleged) for life , so keeping details is NOT illigal

I think the ICO would beg to differ...clearly the data has been stored 'longer than is necessary' under the DPA Principles and the current letter is misleading and misusing the data for a purpose not covered in 2010 by its (very limited and strict) release by the DVLA.

To make it easy for the OP to claim, that's why I suggested a 3 way complaint. Any agreement or 'complaint upheld' then becomes evidence for a claim.

twhitehousescat

CM , this has been discussed on many forums , lots that are non motoring , the ICO will not state a number of years , and actually state that info can be retained (for life) in the case of a debt , but not other reasons

Coupon-mad

But in the case of DVLA data it can be argued the use (pre-POFA) was ring-fenced, ONLY released to allow the parking firm to enquire who was driving.

Six years later, this is not the same (very basic) data usage, it is a baseless lie, a threat to a party they cannot hold liable and can't actually sue.