PCM won't deal with me as I'm a "third party" because I won't name driver

Redx

dearie me, the OP just cant help themself


for clarity, NEVER use the following words

"MY , ME , MYSELF & I"


fatal to a case, think of your "rights" here


YOU HAVE THE RIGHT TO REMAIN SILENT
ANYTHING YOU DO SAY MAY BE USED AGAINST YOU......... BLAH BLAH


think, before you post

Smilee72

The vehicle keeper :rotfl: will need to check the photo of the sign wording

twhitehousescat

Smilee72 wrote: »

Hi all

I've sent Parking Control Management (PCM) one of the template letters from MSE in response to a fine I received as the vehicle owner and as i did not name the driver they are citing the Data Protection Act.

"Unfortunately we are unable to progress your appeal further at present, as you are a third party making the appeal on behalf of the driver.

Like many other business sectors, due to conditions imposed by the Data Protection Act we are prevented from disclosing or discussing information or issues with a third party who is not the driver or vehicle keeper.

We can however progress an appear once we are in receipt of signed and dated written consent from the driver of the vehicle at the time of the issue of the PCN which gives you full authority to act on their behalf and to receive any relevant information or data relating to them. Please see form on the reverse.

We look forward to receiving such consent by return enabling us to progress this particular appeal for review and action"....

It then has a para about them being the 'data controller under GDPR.

And then the letter finishes with: "If you are unable to divulge the above information, payment of £60 for the above notice can me be made....."

Any thoughts or guidance would be appreciated!

Many thanks

Lee

umm , you are writing to them as the vehicle keeper

Smilee72

There are 3 infographics of sorts of cars with a red cross on them one of which might be a double line depiction which actually if you were short you would have no chance of seeing because it is in the top half of the sign (I can't even tell zooming in on the photograph of the sign, so how the hell are you supposed to see it when it is at the top of the sign 8 ft in the air!) and the writing next to it just says "Customer of The Fort whilst parked wholly within the confines of a marked bay"

And then is say" By parking or remaining at this site otherwise than in accordance with the about you, the driver, are agreeing to the following contract terms:

In a nutshell - you'll pay the PCN....

Smilee72

twhitehousescat.....I know! :mad:

beamerguy

"Unfortunately we are unable to progress your appeal further at present, as you are a third party making the appeal on behalf of the driver.

Like many other business sectors, due to conditions imposed by the Data Protection Act we are prevented from disclosing or discussing information or issues with a third party who is not the driver or vehicle keeper.

Assuming you are the same person shown on the invoice, info given by the DVLA to PCM and you appealed as that person, IE the keeper ? ..... then PCM are talking cr*p (not unusual)

You are not obliged to name the driver and as such they are asking you to provide information they are not entitled to .... that is not what Data protection is about ..... asking (phishing) for info

Smilee72

Thanks beamerguy.

The strange thing is that are not corresponding with a "third party" they are corresponding with the vehicle keeper (which they refer to in the second para) and which is who they sent the PCN to in the first place!

Like you say - its a fishing exercise with threats

beamerguy

Smilee72 wrote: »

Thanks beamerguy.

The strange thing is that are not corresponding with a "third party" they are corresponding with the vehicle keeper (which they refer to in the second para) and which is who they sent the PCN to in the first place!

Like you say - its a fishing exercise with threats

In their mangled little minds, the bottom line is they want to know who the driver is ?
The keeper has a right to appeal, only the keeper

This silly wheeze was started by another scammer and no doubt passed down the scam line to others

You need to read the riot act them. They must behave themselves

Umkomaas

If they've sent you (written and addressed to you) a Notice to Keeper, they know you are the keeper, because that's what the DVLA have told them and the whole of this scam is based on using the information (as correct) from the DVLA. As the keeper you are perfectly entitled to appeal the NtK - that's why the private parking companies got the Protection of Freedoms Act 2012 (Schedule 4), to pursue the keeper where they didn't know who the driver was.

So they are misrepresenting things, especially the farcical, and if in some ways, juvenile reference to the DPA.

You need to fire a strong complaint to the DVLA and ask them to investigate this misinformation as a matter of urgency as PCM UK are litigious and are likely to sue in the near future (note - don't worry about this, it's designed to get the DVLA off their rear ends and get on with dealing with this).

ccrt@dvla.gov.uk

Smilee72

Thanks Umkomaas - just to confirm the basis of my complaint to the DVLA is the PCM are refusing to address my appeal as the Vehicle Keeper, citing Data Protection incorrectly and classing me, as the vehicle keeper as a third party in a way to try for me to reveal the driver's identity, even though the letter they received is from the person they have issued the PCN to? Is this correct?

Would you recommend that I write to PCM to advise them that I am doing this? Maybe submit something via their website or email them? Although I can't find an email address for them.

Interestingly the first letter was address (correctly) to Ms XXX and now the follow up letter was address to Mr (a common error with the spelling of my first name in the UK).