High view PCN

Coupon-mad

As long as neither of you have said who was driving, you will both win if you state POFA/no keeper liability arguments.

novangelion

Claxtome - reading from the new BPA guidelines:-

Clause 21.8 - While we have an expectation that operators will seek to use the POFA legislation, it is appreciated that there will be occasions where this might not be possible. If a non-POFA Notice to Keeper is being issued it must be sent out as soon as possible and no later than 7 months after the original parking event.

so reading this, the POFA timings still stand if they say or have no evidence of the driver. Think thats right?

novangelion

And am i right that given dates by DVLA for when keeper info was accessed, being outside of the 14 days and used in this way, is a breach of the Data Protection Act?
At the bottom of the letter from DVLA, they say:-

"You may also be interested to know that anyone making a false declaration in order to obtain information may be leaving themselves open to prosecution under the Data Protection Act, inndeed the Information Commissioner is keen to follow up any such incidents."

Guess the Information Commissioner should start receiving some letters in regards to these companies not adhering to correct proceedures and as said "leaving themselves open to prosecution"

Coupon-mad

The POFA is completely separate from the BPA CoP, and a late NTK is fatal for keeper liability.

novangelion wrote: »

And am i right that given dates by DVLA for when keeper info was accessed, being outside of the 14 days and used in this way, is a breach of the Data Protection Act?
At the bottom of the letter from DVLA, they say:-
"You may also be interested to know that anyone making a false declaration in order to obtain information may be leaving themselves open to prosecution under the Data Protection Act, inndeed the Information Commissioner is keen to follow up any such incidents."
Guess the Information Commissioner should start receiving some letters in regards to these companies not adhering to correct proceedures and as said "leaving themselves open to prosecution"

No, they are allowed to get keeper data late.

claxtome

Clause 21.8 - While we have an expectation that operators will seek to use the POFA legislation, it is appreciated that there will be occasions where this might not be possible. If a non-POFA Notice to Keeper is being issued it must be sent out as soon as possible and no later than 7 months after the original parking event.

I think the key wording is "Non-POFA" so the keeper would not be liable AND therefore the new BPA guidelines don't conflict with POFA 2012 Schedule 4 and as C-M states is separate.

so reading this, the POFA timings still stand if they say or have no evidence of the driver. Think thats right?

Yes that is right. They can't pursue the keeper as they have not followed POFA 2012 Schedule 4 in terms of timings of NTK.

claxtome

Coupon-mad what I am not sure is the PPC in breach of data-protection act by getting the keeper data late as per comment you just made?

No, they are allowed to get keeper data late.

nosferatu1001

No, they can get the keeper data "late". They are permitted to use it to ask the keeper to identify the driver.