ECP Country Park

Umkomaas

shaleman wrote: »

My appeal was successful.

Edna Basher you are a star, and thank you to all the other contributors to this thread.

Extract from POPLA Assessor's rationale for decision
"As the land appears to be council owned then I am not satisfied that the requirements of PoFA 2012 have been met. Therefore, the keeper cannot be held responsible. As such from the evidence provided, I conclude that the operator issued the PCN incorrectly."

You should write to the DVLA and complain that despite this being not relevant land, ECP have pursued you as the keeper under PoFA. Ask that the DVLA instigate an investigation, not only into your case, but into all tickets issued by ECP at this site.

How much has ECP garnered here by putting forward misinformation, misleading people into paying.

Great result at POPLA for you. Well done. :T

shaleman

Yes, I will contact the DVLA about this.

I suspect that ECP are pursuing Keepers for unpaid parking tickets at a number of car parks which are located in Country Parks owned by Kent County Council.

Thank you

KeithP

shaleman wrote: »

I suspect that ECP are pursuing Keepers for unpaid parking tickets at a number of car parks which are located in Country Parks owned by Kent County Council.

It would also be interesting to know Kent County Council's view on this too.

Please can anyone in Kent write to their Kent County Councillor?

Edna_Basher

Excellent - well done shaleman.

Well done also to your POPLA assessor who seems to have had a pretty decent grasp of the intricacies of POFA.

shaleman

Thank you Edna Basher.

Am I permitted to disclose the name of the Assessor on this thread or should that remain confidential?

Coupon-mad

It's OK I think, in a thread where the Assessor is not being criticised!

shaleman

The POPLA Assessor was Linda McMillan.

I have updated the POPLA decisions thread.

I have also sent follow up emails to DVLA, Kent County Council, British Parking Association and ECP regarding ECP's conduct and the POPLA verdict. Wait and see now.

shaleman

I have received a reply from the DVLA responding to my email regarding ECP's conduct and the POPLA verdict

Thank you for your e-mail regarding Euro Car Parks Ltd.

Regulation 27 of Road Vehicles (Registration and Licensing) Regulations 2002 allows vehicle keeper details to be disclosed to third parties who can demonstrate that they have a reasonable cause to receive it. This Regulation provides a legal gateway for the release of information and is not based on the consent of the data subject.

The release of information to private car parking companies is considered to be a reasonable cause. Landowners would have great difficulty in enforcing their rights if motorists were able to park with impunity on private property. This does not infringe the Data Protection Act and the Information Commissioner (ICO) is aware that personal data held on the vehicle register can be used in this way.

To help ensure motorists are treated fairly when any private parking charge is pursued the DVLA discloses vehicle keeper information only to companies that are members of an appropriate Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an ATA is to ensure that those who request DVLA information are legitimate companies that operate within a code of practice that promotes fair treatment of the motorist and ensures that there is a clear set of standards for operators.

The company in question, Euro Car Parks , is a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The BPA's code of practice is published on its website at https://www.britishparking.co.uk under the heading Approved Operators Scheme; If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company do not comply with the BPA's code of practice, you may wish to contact the BPA at Stuart House, 41- 43 Perrymount Road, Haywards Heath, RH16 3BN.

I have investigated your complaint with Euro Car Parks Ltd who have confirmed that ECP operate under Kent County Parks and this is not Council land and the parks belong to Kent County not the council, it is therefore relevant land.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is not a matter for the Agency to decide on the merits of individual cases. Disputes over the circumstances leading to an incident are matters for the parties concerned.

I trust this explains the Agency's position, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure leaflet for your reference.

Sent by:
Data Sharing Strategy and Compliance, Data Customer Compliance Manager ,Policy Directorate, C2 East, DVLA, Swansea, SA99 1DY.

No responses yet from Kent County Council, BPA or ECP.

Castle

shaleman wrote: »

I have investigated your complaint with Euro Car Parks Ltd who have confirmed that ECP operate under Kent County Parks and this is not Council land and the parks belong to Kent County not the council, it is therefore relevant land.

So basically the DVLA have just taken the word of ECP, without actually checking it themselves.

shaleman

It would appear so, I have replied and asked them whether they have checked with Kent County Council.