Penalty notice and now (late) NTK from Indigo Park Solutions

Handbags-at-dawn

No need to do anything in a hurry.

I would wait until LSER/DRPS reply if I were you, and only email Steve Clark when they have given you more cause to complain.

TORIN0

Umkomaas wrote: »

Who issued the ticket?

Please email the DVLA and ask who has accessed your data in the period from the date of the 'contravention' and the date of receipt of the DRPS letter.

SubjectAccess.Requests@dvla.gsi.gov.uk

You need to give your full name, postal address (and that on the V5C) and the VRM of your vehicle. You will get an email confirmation of receipt, then a postal reply in about 7 to 10 days.

Just received a letter back from them

"dvla takes very seriously its duty under the Data Protection Act yadda yadaa....."

"However the Act exempts from its non-disclosure provisions the release of personal data where the law allows it an DVLA is not in a position to refuse those who have a legitimate right to receive information"

"Regulation 27 of the Road Vehicles Regulations 2002 requires DVLA to release information from the vehicle register to police, to local authorities for purposes associated with the investigation of an offence or decriminalised parking contravention, and to anyone who can demonstrate 'reasonable cause' to have it. 'Reasonable cause' is not defined in legislation and requests are considered on their merits."


They then gave me a copy of the request they were sent by London and Southeastern Railway...

"Why? - PPN issued to car parked in contravention of the displayed T&Cs of the car park"
"How use info? - Send notice to owners of the VRN suppled to recover monies owed to Southeastern"
"What legislation? - Railway byelaw 14(1-3): traffic signs, causing obstructions and parking"

Umkomaas

So this information was passed from L&SER to Indigo? Well that's not right. This is due a complaint to the DVLA and ultimately to the ICO.

See if others want to add to this.

twhitehousescat

L&SER are not a member of sany ATA and can do what they want

Umkomaas

twhitehousescat wrote: »

L&SER are not a member of sany ATA and can do what they want

I'm not sure they can pass on personal data wantonly as they please, surely?

Castle

TORIN0 wrote: »

They then gave me a copy of the request they were sent by London and Southeastern Railway...

"Why? - PPN issued to car parked in contravention of the displayed T&Cs of the car park"
"How use info? - Send notice to owners of the VRN suppled to recover monies owed to Southeastern"
"What legislation? - Railway byelaw 14(1-3): traffic signs, causing obstructions and parking"

Byelaw penalties are paid to the government, not Railway companies; so that's false.
(And of course, the DVLA doesn't have a list of owners).

twhitehousescat

yes , they are using indigo as debt collectors (and back office) they still retain the power to a start a court case

seems that indigo are not doing the KADOE thing anymore , just writing VRN numbers down and getting L&SER to do the DVLA enquiry

Handbags-at-dawn

twhitehousescat wrote: »

yes , they are using indigo as debt collectors (and back office) they still retain the power to a start a court case

seems that indigo are not doing the KADOE thing anymore , just writing VRN numbers down and getting L&SER to do the DVLA enquiry

As far as I'm aware, when Indigo is working for TOCS like GTR, the KADOE - ZZPS debt collectors - QDR solicitors routine still prevails.

But Southeastern have a different system. If windscreen tickets remain unpaid for one month, Indigo sends the file to Southeastern and have no more interest in the matter. Southeastern then start calling themselves Debt Recovery & Prosecution Services, send out a series of threatening letters that have little to do with the law, and after 6 months they pack it in.

Coupon-mad

requests are considered on their merits.

But they are not. That is a lie.

The DVLA don't and can't look at ('consider on their merits') KADOE requests.

I would reply and ask for evidence that

requests are considered on their merits

and ask how many staff are involved, whether every case (or just a sample, if so how many, what percentage per month/week/day) has human intervention/scrutiny and what checklist is applied when considering every request 'on it's merits' and you want a copy of the report in your own case as to how that 'decision' was reached 'on its merits'.

Say that, alternatively you invite the DVLA to issue a correction if in fact, no-one made any decision, assessment of the 'merits' or gave any consideration whatsoever to the facts in this case before releasing the data electronically and with no checks & balances at all.

Say you want a final reply before you make a formal complaint about the DVLA to the ICO.

TORIN0

Coupon-mad wrote: »

But they are not. That is a lie.

The DVLA don't and can't look at ('consider on their merits') KADOE requests.

I would reply and ask for evidence that and ask how many staff are involved, whether every case (or just a sample, if so how many, what percentage per month/week/day) has human intervention/scrutiny and what checklist is applied when considering every request 'on it's merits' and you want a copy of the report in your own case as to how that 'decision' was reached 'on its merits'.

Say that, alternatively you invite the DVLA to issue a correction if in fact, no-one made any decision, assessment of the 'merits' or gave any consideration whatsoever to the facts in this case before releasing the data electronically and with no checks & balances at all.

Say you want a final reply before you make a formal complaint about the DVLA to the ICO.

I very much like the approach. I will draft up a letter to send out next week!