Park Watch PCN - Bus Area (Redditch)

Coupon-mad

You could add 'yours faithfully' to your keyword search, to narrow it down to letters.

Mahone1302

Finally had a response from Kingsfisher management today, after resending my last email as they apparently missed the first one. The centre manager is going take the matter up with Park Watch immediately. I look forward to his update!

Mahone1302

DVLA Complaint sent:


Dear Sir/Madam,


<Personal details redacted>

In relation to my Subject Access Request dated 19/02/2019, I have received your response by post (dated 20/02/2019) and wish to thank you for the dealing with the matter promptly.

I now wish to make a complaint to DVLA against Park Watch for what I believe is both a breach of their KADOE contract and also a breach of GDPR regulations relating to the release of my details from DVLA. Please be aware I will be making a complaint to the Information Commissioners Office also.

On xxxxxx I was issued with a Parking Charge Notice (Notice to Keeper) from Park Watch in which they have given me the reason for requesting my personal details from DVLA, as being "Entered a Buses Only Access Area."

As you have now confirmed in the SAR however, Park Watch requested my details over the electronic link using an entirely different reason of "Breach of terms and conditions of a private car park." Please be aware that the location where my vehicle was, which gave rise to the PCN/NTK, was a private bus station and not a car park of any sort!

Please be aware that following consultation with the landowner, the PCN has been cancelled and Park Watch are being investigated for their conduct in this matter. Therefore please do not mistake this complaint as an attempt to have the PCN cancelled - this has already been achieved.

This appears to me to be a clear breach of Data Protection / GDPR regulations, as well as a clear breach of the KADOE contract. Private parking charges are made under authorisation given to operators by Schedule 4 of the Protection of Freedoms Act 2012. This act concerns "parking" only and makes no mention of recovering unpaid charges for alleged moving traffic offences, such as entering a bus station. Park Watch would appear to be acting outside of the legislation and using the DVLA's services, and the KADOE contract, in support of this questionable practice.

I look forward to your response.

KeithP

Looks good to me.

I would just make one very small change - change private bus station to just bus station in your fourth paragraph. The word private might give the recipient some sort of weak excuse for allowing the data request.

bunkersoldier

Mahone1302 wrote: »

Finally had a response from Kingsfisher management today, after resending my last email as they apparently missed the first one. The centre manager is going take the matter up with Park Watch immediately. I look forward to his update!

I will be very interested and grateful for any updates from you, as I will also be reporting and pursuing ParkWatch/Kingfisher if my appeal is successful. I received a PCN after a family member entered the Kingfisher bus station, being coaxed in by the poor signage, believing it to be the Kingfisher car park.

Unlike you though, ParkWatch rejected my appeal, so I have now had to appeal to POPLA. ParkWatch has uploaded their evidence, including their contract with Kingfisher. The terms of the contract only gives ParkWatch permission to issue a PCN to a vehicle which parks in contravention of the restriction on the land, not for simply entering the area.

ParkWatch also lied about the reasonable cause for requesting my details, stating “Breach of terms and conditions of a private car park”.

Umkomaas

PW are obviously ploughing on in search of the coin, despite being rumbled. The DVLA must be dragged into this, despite their anticipated screaming, kicking and mealy-mouthed obfuscation.

Coupon-mad

ParkWatch has uploaded their evidence, including their contract with Kingfisher. The terms of the contract only gives ParkWatch permission to issue a PCN to a vehicle which parks in contravention of the restriction on the land, not for simply entering the area.

I hope you have said the above in your 2000 character comments. You must focus POPLA's eyes on the obvious issue even if it was in your appeal.

bunkersoldier

Coupon-mad wrote: »

I hope you have said the above in your 2000 character comments. You must focus POPLA's eyes on the obvious issue even if it was in your appeal.

Yes, thanks I did that. Even if I lose the appeal, it appears that PW do not have authority to take it any further, as their Contract for Parking Enforcement states: “This contract gives the operator authority to take legal action on any outstanding parking charges: YES NO” The optional Yes/No boxes have not been selected!

Mahone1302

Email this morning from KADOEservice.support@dvla.gov.uk:

Good Morning

Thank you for your email dated 24th April 2019 regarding Park Watch.

We are currently fully investigating this matter and we will be in touch shortly.

Kind Regards

Zoe Newson

Compliance Officer
Data Sharing Strategy & Compliance
Strategy, Policy & Communications Directorate | C2 | DVLA | Swansea | SA99 1DY
EXT: 82503
Twitter: @dvlagovuk

Umkomaas

Mahone1302 wrote: »

Email this morning from KADOEservice.support@dvla.gov.uk:

Good Morning

Thank you for your email dated 24th April 2019 regarding Park Watch.

We are currently fully investigating this matter and we will be in touch shortly.

Kind Regards

Zoe Newson

Compliance Officer
Data Sharing Strategy & Compliance
Strategy, Policy & Communications Directorate | C2 | DVLA | Swansea | SA99 1DY
EXT: 82503
Twitter: @dvlagovuk

Nice one. Let’s see how far they have to lift the corner of the carpet to brush this under.

You always have the subsequent option to issue a Freedom of Information request on the DVLA if you feel there’s anything being hidden/glossed over.