£160 fine for no permit - county court

SmellyMog

When you say it was what looked to be a car park, without disclosing the actual location was it just an enclosed site with entrance straight off a street, or attached to/part of a residential apartment complex or something other than these?

Also, was the original 'ticket' from One Parking Ltd. T/A Capital 2 Coast Parking Management, or from Capital 2 Coast Security Ltd.?

joiningbattle

enclosed site with entrance straight off a street

joiningbattle

Just heard - once they got my witness statement MIL stopped their claim. Phew!

Thanks so much for all the help and ideas - particularly Coupon-mad, I think your letter did the trick.

Coupon-mad

Great! Round one done! That was very quick, did you attach the email from the DVLA as a separate piece of evidence/

That email from David Dunford at the DVLA is worded like dynamite because it actually says that the DVLA did not give permission to the parking firm to sell the data to MIL.

I say ''round one done'' because you should now strongly consider this:


1. Make a complaint online to the Information Commissioner, about:

(a) MIL Collections and
(b) One Parking Ltd t/a Capital 2 Coast Parking Management (both MIL and them, in one complaint).

Stating and proving that One Parking should never have sold DVLA data to MIL and alleging also that you think the original PCN (which you no longer have) wasn't even from the same company. Allege that you believe the charge was issued by (and the DVLA data obtained by) a business registered in England and Wales under the registration number 06659495 (Capital 2 Coast Security Limited). Companies House records that the company was formally dissolved on 20 September 2016, with only one shareholder (and that was not the alleged '''assignor'' to MIL Collections, given as One Parking Ltd t/a Capital 2 Coast Parking Management).

As such, due to the strict rules of the KADOE process (DVLA data system) the data should never have been passed from company to company.

Even if the data was originally obtained by One Parking Ltd (the non-dissolved company) they were not authorised by the DVLA to sell your data like a commodity, to MIL Collections again because the KADOE disallows it. MIL Collections are not a debt collector, they have spent 2016 purchasing private parking 'debts' they have no entitlement to and using and processing data they have misappropriated, to try to obtain monies they are not lawfully entitled to demand.

Then tell the ICO about the court claim and how distressing it has been. Show them the discontinuation notice and the DVLA email obtained from another MIL victim, stating that this is the official position of the DVLA, as also confirmed in FOI requests in the public domain.

2. Get the complaint upheld by the ICO (takes a few months but with the above evidence you should get your complaint upheld).

3. Use that and all the above evidence to sue MIL Collections Ltd and One Parking Ltd (get the right company number for the current firm who sold the data, not 'Capital 2 Coast' under the dissolved number above!) for, say, £750 as compensation for distress caused by the misuse of your data by both companies: MIL having carried out no due diligence before setting up to buy parking debts that include data obtained under strict conditions by the DVLA - and One Parking having sold DVLA data which they had no legal right to do.

Explained here:

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

...this could pay for Christmas...or whatever you fancy! Costs you about £50 to claim for £750 on MCOL once you have your ducks in a row, and of course you can claim your court fee(s) back as well. I can't see this going to a hearing, I suspect one or other firm would offer a financial settlement to you - possibly even at Letter before Claim stage, without even needing to file a claim, as long as you show them your evidence and have the ICO complaint in place too.