Misuse of data protection?

beamerguy

forgotmyname wrote: »

I did wonder, I may have to give them a call and ask them why the pranksters site lists so many wins with "forum templates" as they put it.

And other posters on here also winning in court.

Maybe they got their facts wrong?

It's called "sour grapes"
As Donald Trump says .... "It's all fake news"
Propaganda used by PPC's

HO87

Right, let's see if we can start again. I apologise in advance if I have missed something.

As I understand it the situation is that in late 2015 you moved to a new property managed by a Housing Association who in turn employed CCC to "manage" their car parking. Initially the car parking was governed by means of resident permits bu this was switched quite quickly after your arrival to a P&D system.

Since that time you have received a number (6 or 7?) parking charge notices issued by CCC at least one of which was successfully challenged at a POPLA appeal.

You subsequently applied to DVLA for details of who has requested your registered keeper data during that time and this has revealed a single application made in 2016 by the operator of Dart Charge and this is irrelevant to the current discussion.

Whilst I understand that this might have caused a degree of consternation I suggest that there are a number of rather more prosaic explanations for this that should be eliminated before we venture down the road of conspiracy.

1. The DVLA are not infallible and have been known to miss RK requests when making checks of their records.

2. Your letter to the DVLA may have been interpreted narrowly or mis-interpreted altogether if the request was not carefully drawn up. Don't forget the DVLA is peopled by civil servants and they will only ever answer the question they are asked and maybe not even then.

3. Did CCC obtain your details from some other source? At the time when you moved in there was a permit system in place. Might you have revealed your vehicle details to them or CCC at that point?

I therefore suggest that you write another letter to Swansea explaining that you have received a number of PCN's from private parking companies and that their previous response doesn't appear to deal with these and ask them to re-check their records. Ask them to disclose details of all registered keeper requests made by any company (not just private parking companies) between the date that you moved into the property to date.

They should detail whether the applications were made electronically or manually (using form V888/3) and if manually then they should include copies of the forms used (redacted of the signatures) so that you can identify the reasons the applications were made for.

Their reply should also include the dates on which the applications were made; the date of the incident/event in relation to which the application was made in respect of and the date on which the data was supplied to the applicants (this will be necessary to check whether POFA can be correctly applied).

Secondly, I suggest that you make a subject access request (SAR) of both the Housing Association and CCC. A draft letter is below (adapted from one on the ICO website).

[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]


Dear Sir or Madam


Subject access request

[Your full name and address and any other details to help identify you and the information you want.]


Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to: [give specific details of the information you want, for example

• your personnel file;
• emails between ‘A’ and ‘B’ (between 1/6/11 and 1/9/11);
• your medical records (between 2006 & 2009) held by Dr ‘C’ at ‘D’ hospital;
• CCTV camera situated at (‘E’ location) on 23/5/12 between 11am and 5pm;
• copies of statements (between 2006 & 2009) held in account number xxxxx).]

Please find the enclosed cheque for £10 in respect of the maximum fee you may levy. If you need any more information from me, or a fee, please let me know as soon as possible.


It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.


If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk.


Yours faithfully


[Signature]

There is a distinct problem with parking companies in that far more SAR's intended for them go missing in the post than is explicable by the normal rate of lost post. I therefore suggest that you email them telling them that one is on the way and ensure that you get proof of posting (by posting at a Post Office counter and asking for a free certificate of posting or by sending the letter tracked/Special Delivery - one of the few occasions I would recommend that in relation to a PPC).

Hopefully one these requests will reveal the source or at least the route by which CCC obtained your details. Most PPC's use a log system that identifies when DVLA checks have been made and when replies are received.

If nothing is forthcoming from these checks then you can start making complaints. My experience of both the DVLA and BPA is that in the absence of lots of information they tend not to do too much.

Gfrancis1989

Thanks you for that incredible reply!

I'll get right onto it, quick question though... I'm moving soon, hopefully within the month.
Once I do so, I will be buying a new car.

1. Would it be possible to have dvla reply to me at parent/friends address?
2. Are CCC likely to track me down?

In reply to some of your questions;

The signs previously said permit only but housing association said there were no permits to publish (no idea why the signs were there as nobody had a permit)

The only time I supplied my registration number was when asking landowners to cancel my first 4 tickets, which they did.

My letter to DVLA was this:

[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

HO87

Gfrancis1989 wrote: »

1. Would it be possible to have dvla reply to me at parent/friends address?

Unlikely unless that is where you vehicle is now registered.

Gfrancis1989 wrote: »

2. Are CCC likely to track me down?

That depends on the address you use to which they will respond. A risk perhaps. Do you have a relative who lives in Scotland or Northern Ireland and therefore outside the jurisdiction. You will have to identify the addresses they are aware of in your application.[/QUOTE]

Press on with the second letter to the DVLA. It is far more specific and clearly identifies what it is you are after.