Pcn small claim but no defence

a1terrier

Well done SophS!!


Re the SAR-bomb approach, can it be sent to the `legal` companies as well as the PPC`s?


Thanks

Umkomaas

a1terrier wrote: »

Well done SophS!!


Re the SAR-bomb approach, can it be sent to the `legal` companies as well as the PPC`s?


Thanks

If you believe they hold your data.

SophS

DVLA complaint amended and a few more demands added at bottom.
I've read on a thread that the DVLA are still working in accordance with the principles of the Data Protection Act 1998? Isn!!!8217;t the GDPR 2018 the law now?

CCRT
D16W
DVLA
Swansea
SA6 7JL

Dear CCR Team

Re: Breach of KADOE Contract and Data Protection Act

I am writing to make a formal complaint regarding the misuse of my data.

Vehicle Control Services Ltd (VCS), who are a member of the International Parking Community (IPC), have breached both the IPC Code of Practice B1.1 and the KADOE contract by obtaining my keeper details from the DVLA to bring forth a claim of unpaid parking charges at Sheffield County Court for an alleged parking contravention dated 2nd October 2015.
Judgement of this case was found in my favour due to the points below.

At the material time, Vehicle Control Services had no valid contract with the landowner of the carpark in question to either operate, manage or enforce parking conditions.
The contract to do so had expired in August 2012.

Therefore VCS did not have the authority from the landowner to establish themselves as a creditor within the meaning of Schedule 4: 2 (1)(b) of the Protection of Freedoms Act (2012) nor establish themselves as a person who is able to recover parking charges as laid out by the above Code of Practice.

It is therefore apparent that VCS have illegally obtained my details from the DVLA which is a breach of the Data Protection Act as well as their own Approved Operator Scheme COP and the KADOE contract.

I ask that this matter is investigated with the issuance of a ban against VCS to obtain keeper information from the DVLA ever again.

Furthermore, I am requesting that a permanent note is attached to my V5 data stating that I do not consent to my data being sold to any private parking company under any circumstances, and I formally opt out due to previous harassment by the private parking industry.

Should the DVLA receive a request to share my data with any private company I request that the DVLA first:
1) Notify me in writing to tell me why and provide the KADOE request.
2) Prove that the decision to share my data has been manually checked and not processed automatically.
3)Allow 14 days for me to comment or object to my personal data being shared as per GDPR.

If this complaint is not resolved properly, I will be writing to my MP to refer the issue to the Parliamentary and Health Service Ombudsman.

Yours sincerely

I have some further questions.
Do I quote the relevant section of GDPR in that last point as I'm not sure if it's 13 or another?
Also is the request of 14 days reasonable or is there a standard?

I have written a SAR and have used one on Pepipoo recommended by Umkomaasy. I've only changed minor details but its long and wondered if the one on this link was better to by Abednego
https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related#topofpage

I've already sent a letter to my local MP- just waiting for a reply.

SophS

Just wondered if others have had the same kind of response after complaining to their MP?

Thanks for getting in touch about private parking companies on which I’ve heard similar complaints. I’m sorry to read about your own experiences.

While private car parks are not regulated, a Government-backed Private Member’s Bill is currently in the Commons, which aims to provide a statutory Code of Practice which private parking enforcement companies must abide by. The Bill received all-party support and was agreed to on Second Reading without a vote, it will now progress into Committee. Unlike most Private Member’s Bills, I think this probably has a decent chance of becoming law, but it is as yet too early to say. The purpose of the Parking (Code of Practice) Bill 2017-19 Bill is to:

… require[] the Secretary of State to prepare a code of practice containing guidance about the operation and management of private car parks. The code must contain guidance which promotes good practice in the operation and management of private car parks and guidance about appeals against parking charges imposed in relation to the use of private car parks. The Bill also provides for a levy on the parking industry to cover the costs of issuing, administering and investigating whether persons have failed to act in accordance with the code. Details of the levy requirements will be set out in regulations.

The Bill is made up of 11 clauses. It requires that the Secretary of State consult with private car parking operators, users and any other groups the Secretary of State considers appropriate before preparing a code. A proposed code must be laid before parliament for 40 days for approval. If no objections are raised, it can be issued and come into force 21 days later. The Secretary of State must keep the code under review and can make alterations. Any alterations to the code must be consulted upon. The Secretary of State may delegate their functions to a public authority.

I can’t refer the matter to the Ombudsman, as it is outside their remit, but the legislation will address your concerns. I would be interested to know how the DVLA responds to your letter of complaint.

Thanks again for getting in touch.

Best wishes,

Paul

Paul Blomfield

Labour MP for Sheffield Central

Coupon-mad

Seems like a reasonable response.