Parking Awareness Service (PAS) PCN

johjames

Thanks, Newbie thread re-read!

johjames

Here's an update on the Parking Awareness Services (PAS) PCN this thread relates to.
I've now received several 'Final Demand' letters from PAS, threatening that Court action may be taken.
I've also rather helpfully received a response to my Data Protection Act query from the DVLA which states that PAS did not apply for the details of keeper within 14 days, in breach of POFA and of course the NTK from PAS wasn't received until months after the alleged parking offence occurred. This is of course in complete contrast to one of their previous communications with me when they blamed the late arrival of the NTK on a 'DVLA audit'. This has of course now been proven by the DVLA to be a blatant untruth.
I've written to PAS, saving them with a Section 10 (DPA) Notice which they have a short period of time left to respond to.
I'm now wondering whether to commence court action against PAS should they not desist and also if I do not receive a response to the Section 10 notice within 21 days. Given their flagrant disregard for the DPA and the undoubted distress this is causing me I wanted to know what the views of those of you who have more experience of dealing with either this particular firm, or PPC's in general might be with regard to my pursuing this route? PAS, in my humble opinion, had no reasonable cause to request my information from the DVLA outside of the 14 day window they have to do this and to provide me with the NTK. I have advised them of this and yet they still continue to use my information. They have also, as stated, lied about the cause of the delay of the NTK, blaming it on the DVLA despite not requesting the information within 14 days. Thanks!

Coupon-mad

PAS, in my humble opinion, had no reasonable cause to request my information from the DVLA outside of the 14 day window they have to do this and to provide me with the NTK.

Trouble is, they DO have the right.

They do not have to follow the POFA (really, they can decide not to use that Act) and can still ask for DVLA data later than 14 days, to issue a non-POFA NTK in order to 'enquire' who was driving'.

johjames

Coupon-mad wrote: »

Trouble is, they DO have the right.

They do not have to follow the POFA (really, they can decide not to use that Act) and can still ask for DVLA data later than 14 days, to issue a non-POFA NTK in order to 'enquire' who was driving'.

Thanks Coupon-m, what a shame I'd hoped that I might be able to claim against PAS for my ongoing distress! Am I right in understanding that they can't achieve keeper liability if they haven't complied with POFA though?

Coupon-mad

That is 100% correct!

johjames

Coupon-mad wrote: »

That is 100% correct!

Excellent, although it saddens me that there is no liability which they might incur, other tan embarking upon a County Court judgement they can't win. I don't suppose if you or anyone else might know if it's possible to take them the PPC Court for harassment if they continue to bother me, without their having complied with POFA? This is as essentially they have no power to retrieve information from me and their communications of course are distressing! I'm simply musing on whether this might be a strategy to pursue in the hope of making them think twice about bothering anyone else in such a manner.

johjames

Coupon-mad wrote: »

That is 100% correct!

So I sent PAS a DPA S10 notice. Firstly if anyone has any further contact with them, their registered address at Companies House is not correct as they're not known at that address, with my letter being returned.
Hence I submitted the DPA S10 notice to them via email to their 'complaints department', stating amongst other things that their 'ongoing use of my data, when you have no legal right to obtain any information from me whatsoever, is both unreasonable and in breach of the DPA'.
I have received the response at the bottom of this post, to which I was going to respond as follows, however I'd be grateful for any advice or views on my response please.

'You may recall from your previous correspondence to me dated 27th February 2018, that you had misleadingly held the DVLA responsible for your breach of POFA 2012, stating 'The PCN sent to you was NonPOFA as the DVLA carried out an audit (to ensure legitimacy of the request) causing the issue of the PCN to be delayed.’
The DVLA have of course confirmed that you applied for the registered keeper details from them more than 14 days after the alleged offence and therefore it was you and not the DVLA who were responsible for this breach.
This is very worrying and I will write to the DVLA to inform them of this and your deception.
I was not the driver of the vehicle, ‘presuming' that I was means that you fall into error. There will be no admissions as to who was driving and no assumptions can be drawn.
To repeat myself, as you are now aware that keeper liability cannot be enforced and as the driver cannot be established, but was not me, it is therefore logical that any further communications you, or any third parties nominated by you, choose to have with me will be breaching the DPA and will be considered harassment, given the undue distress caused to me. Should this occur, your company will be reported to the Information Commissioner.'

'Hi,
Thank you for your email.
Having investigated your PCN it can be noted that if we wish to enforce under the Protection of Freedoms Act 2012, we must send the PCN within 14 days. In this instance we did not meet that requirement, as such we are not holding you liable under POFA 2012 as the keeper. While we are not holding you liable as the keeper, we are holding you liable as the presumed driver as such we can continue enforcement unless you can provide evidence showing otherwise – the name and address of the actual drive if you believe you were not being adequate.
With the above we have no breached any section of the Data Protection Act, and will continue to use the details provided to enforce the PCN unless you can provide alternatives.
If you have any further questions regarding your PCN please email enquiries@parkingawareness.co.uk, the complaints team will not reply to further emails on this matter.
Regards
Complaints Team'

Castle

johjames wrote: »

So I sent PAS a DPA S10 notice. Firstly if anyone has any further contact with them, their registered address at Companies House is not correct as they're not known at that address, with my letter being returned.

This is just a mail drop address for hundreds of companies. If you ever need to sue P.A.S, then you should always use the registered office address.... and you got a very good chance of getting a default judgement:)

johjames

Castle wrote: »

This is just a mail drop address for hundreds of companies. If you ever need to sue P.A.S, then you should always use the registered office address.... and you'll got a very good chance of getting a default judgement:)

Thanks Castle. Any thoughts on my proposed response?

Castle

johjames wrote: »

Thanks Castle. Any thoughts on my proposed response?

Personally, I would ignore them from now on, given their record of taking people to court isn't great:-
http://www.bmpa.eu/companydata/Parking_Awareness_Services.html