Train Station "PenaltyCN"

twhitehousescat

or simply , will you condone /accept the parking company passing my details over to a company that is not in a recognised ATA

the DVLA seem to think this is illigal , as per MIL ,

where this to happen the BPA (now warned) would also be liable for a breach of DPA , etc etc

nosferatu1001

No they wouldnt. The BPA is not even a data processor in this arrangement, so arnet liable. The Operator itself would be at least in breah of their KADOE contract, and they would have to explain how theyre allowed to transfer the data out to someone when the purpose isnt what they told the DVLA it was for.

twhitehousescat

yup however the BPA are hinting that the TOC may take them to court and even quoting £1000 fine

with the previous statement , they are forewarned of the situation , and should warn there member that by doing this they are breaking there KODOE agreement , and may be suspended by the BPA (stop laughing at back!)

Hockey27

Taking the context of warning, when I hear back from SC, I could say;-

"As the TOC are not an AOS I do not consent for my data to be transferred. Should this happen, as the company are a member of your AOS, I would therefore hold you liable for the data protection breach."

That or he can admit that his members work outside of guidelines and the law, and that he condones this behaviour

Hockey27

Just had a reply...

CP Plus are acting as !!!8216;agents!!!8217; for the Train Operating Company (TOC) who if they decide to take legal action would look to initiate proceedings via a !!!8216;private criminal prosecution!!!8217;. This can be taken over at any time by the Crown Prosecution Service (CPS) if it serves the interests of justice.

As BPA/AOS members, CP Plus can request keeper details as they have what is known as !!!8216;reasonable cause!!!8217;.

The TOC does not have to be a member of the BPA!!!8217;s AOS.

They have 6 months to take legal action from the date of the parking incident.



Lets look at this one...

- I surmise that this "agents" smokescreen is just that, to avoid tagging someones role in this scam

- He claims reasonable cause, I believe it was Pappagolf who questioned wether they had this. If this is a byelaw offence and therefore trespass, why is a PARKING company accessing my details!!

- The TOC does not have to be a member of BPA's AOS - news to me, anyone able to shed light on this?

- 6 month deadline, already passed, job done!


Will go back now with one final email.

Thank you for clarifying the timeline for which a prosecution must be launched. May I ask one final question, Why when the incident was over 6 months ago are CP PLUS, an AOS member refusing the reasonable request of cancelling the PCN

Given their unreasonable behaviour I would like to point out numerous other breaches of your code of practice that I believe they have breached;-

'LIST BREACHES - including ADR!!!!'

twhitehousescat

"The TOC does not have to be a member of the BPAs AOS."

I disagree with that statement

BPA:

4 Conditions
4.1 Any organisation or person applying for BPA or AOS
membership must:
!!!8226; sign a declaration agreeing to keep to the Code and
its principles
!!!8226; agree to keep appropriate records to show full and
effective compliance with the Code requirements and
to allow a full review of these records by the BPA if
we make a reasonable request

3.4 You can download copies of the Code from the
BPA website.


12.3 You must use data from the DVLA only to carry out
the parking control and enforcement activity for which
you requested the data. You must not act as an agent
to get data from the DVLA on behalf of a third party
(for example a landowner or agent), unless that third
party becomes a member of the AOS and meets all the
compliance conditions. If you do not keep to the Code
requirement this could lead to your membership of the
AOS and of the BPA being suspended or terminated.

no matter what the law and rules the bpa will wiggle if pressed

Hockey27

twhitehousescat wrote: »

"The TOC does not have to be a member of the BPAs AOS."

I disagree with that statement

BPA:

4 Conditions
4.1 Any organisation or person applying for BPA or AOS
membership must:
!!!8226; sign a declaration agreeing to keep to the Code and
its principles
!!!8226; agree to keep appropriate records to show full and
effective compliance with the Code requirements and
to allow a full review of these records by the BPA if
we make a reasonable request

3.4 You can download copies of the Code from the
BPA website.


12.3 You must use data from the DVLA only to carry out
the parking control and enforcement activity for which
you requested the data. You must not act as an agent
to get data from the DVLA on behalf of a third party
(for example a landowner or agent), unless that third
party becomes a member of the AOS and meets all the
compliance conditions. If you do not keep to the Code
requirement this could lead to your membership of the
AOS and of the BPA being suspended or terminated.

no matter what the law and rules the bpa will wiggle if pressed

I imagine his argument will be that as long as no data is handed over there is no breach.

I suppose so long as the TOC are KADOE compliant they dont need to be AOS members?

twhitehousescat

"I suppose so long as the TOC are KADOE compliant they dont need to be AOS members?"


the KODOE contract forbids passing of info to companies that are not members of the two recognised ATAs

Hockey27

twhitehousescat wrote: »

"I suppose so long as the TOC are KADOE compliant they dont need to be AOS members?"


the KODOE contract forbids passing of info to companies that are not members of the two recognised ATAs

My thoughts yes!

Hypothetically though, even if they are members of AOS, ATA etc etc, are they allowed to pass information between each other?

Umkomaas

Hypothetically though, even if they are members of AOS, ATA etc etc, are they allowed to pass information between each other?

I think they need to have a contractual relationship with each other, which I guess would need to have the DPA information exchange angle legally boxed off.