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Smart Parking

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Comments

  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The DVLA don't know there were no grounds when they get the request, and the scammers are allowed to ask for keeper's details to ask the keeper for the driver's details, so it's all done nice and proper and above board and no backhanders to anyone …

    That doesn't mean you can't complain to the BPA and DVLA that the scammers should have known there is no contract and therefore should not have issued the PCN. I doubt it will get you anywhere, but please do complain to your MP as that is the only way to stop this unregulated scam.
    I married my cousin. I had to...
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  • BiliousGreen
    BiliousGreen Posts: 51 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 8 January 2019 at 3:27PM
    So the DVLA can give details to anyone for anything as they do not need to know the grounds? Surely the DVLA have some responsibilty to ensure there are grouds to release. Sounds like a data breach to me esp as it has been released where no actual grounds exist??
  • Umkomaas
    Umkomaas Posts: 44,393 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So the DVLA can give details to anyone for anything as they do not need to know the grounds?
    Nope. There are criteria (the DVLA would argue 'strict criteria') that have to be met. Won't go into them - done to death so often on here!
    Surely the DVLA have some responsibilty to ensure there are grouds to release.
    Write to them with a complaint, and they will share with you the legal grounds on which they rely.
    Sounds like a data breach to me esp as it has been released where no actual grounds exist??
    Are you going to pursue this?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • If it is potentially worth pursuing then I would send a complaint of dat breach under GDPR to IOC. Just trying to find out if there is a potential ground for a breach
  • Coupon-mad
    Coupon-mad Posts: 161,408 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I am guessing at POPLA stage there is no contract to park and therefore Smart have no right to issue a charge?
    Partly yes.

    But mainly 'no keeper liability' as long as the first appeal did NOT blab about who parked.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Just as an update, this was dropped by Smart at the initial appeal stage following receipt of the standard template with a mitigatig circumstance added as per the instructions. Thanks for your help everyone
  • Umkomaas
    Umkomaas Posts: 44,393 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well done Bilious, you've just gone and got a monkey off your back, which could have (legally) clung on for 6 years. Best away!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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