Parking Charge Notice on private land

Fruitcake

Angry_motorist wrote: »

I have just received the enquiry from the DVLA regarding the information request.

Date of enquiry 29/04/2019
VRM : XXXXXX
Enquirer: Comprehensive Management Service LTD.......
Enquiring Reason: Breach of terms and conditions of s private car park
Date of Event: 27/04/2019

This enquiry was submitted using an electronic link, therefore no evidence was provided to support the request. This evidence can be made available to the DVLA if request.

It would be a good idea to find out whose details the DVLA gave to the scammers. You will have to be careful how you ask because they can't tell you the details of the keeper they had on record at the time if it wasn't you.

You could state that you were the new keeper on the date the request was made. State that you are not asking them to tell you whose details they gave if it wasn't yours; you just want to know if it was your details they provided to CMS Ltd or someone else's. You need this in writing.

You also need to ask the garage if they gave your details to a PPC and if so, the date they did this. Ideally you want that info in writing. If they still have the NTK and their reply you could ask for a copies. You could do this as part of an enquiry because you have not yet received the new V5 from the DVLA, and you want to make sure they have sent off the logbook.

Hopefully they will help you, but if they won't play ball then you may have to threaten them with a GDPR/DPA breach as they had no right to pass on your personal details to a third party.

All of this will help you to make a case that the scammers sent the NTK too late to transfer liability to the keeper.

Angry_motorist

So I have made the relevant enquires to the DVLA.

I have however returned feom work today to find that the appeal was rejected after careful consideration. I'm certain the original appeal stating the incident set out in my OP was rejected by their email server.

The letter received today (28th may) I dated 23rd may and am requested to pay £100 within 14days.

Coupon-mad

Normal dross from any IPC firm, we don't need to type more about these cases as you can read any IPC firm thread you like to find out to do nothing.

Obviously appeals are rejected. That is part of the scam they operate.

Angry_motorist

UPDATE:

I have recieved an email from DVLA regarding the alleged incident:

"Thank you for your email dated 28/05/2019

According to our records I can confirm that the DVLA have not released your information regarding registration number xxxxxxx.

I hope this answers your query."

I can only assume then that the dealership have passed on details so will send them a request for NTK and their response as above.

I have also contacted the medical practice who have confirmed they were not open on the Saturday in question however are not able to cancel the parking allegation as they are not the land owner. I have since looked at the signage and seen that the bold writing on the small sign coming into the car park reads "Free Parking while on Premises Only". The receptionist was unable to comment on why the surgery which would need a car park with over 100 spaces when the practice would be full with not even 1/3 of that if every single patient parked there.

In the meantime am I to just sit tight?

Cheers All.

Mark2spark

Angry_motorist wrote: »

UPDATE:
I have also contacted the medical practice who have confirmed they were not open on the Saturday in question however are not able to cancel the parking allegation as they are not the land owner. I have since looked at the signage and seen that the bold writing on the small sign coming into the car park reads "Free Parking while on Premises Only".

You need to contact the landowner. You were on the premises, as you was copying/writing down important phone numbers on display on the glass doors, pertaining to a medical situation you were reacting to.
Edit: I have skim back read, and can't see any info regarding photographic evidence showing *exactly* how long you were 'parked' at the site. The above advice, i.e. reading signs on surgery window, would be a bit daft if you was logged as being parked for two hours.
It probably doesn't matter anyway, as seemingly, as per fruitcake's advice/suspicions, they haven't got your rk details through the correct channel and there can't be any keeper liability.
If the garage doesn't come up with the info you are hoping to see. i.e. they got the PCN first and forwarded your address on, then you might have to send a SAR request off to see if you can glean any info regarding ticket first issued time/date I mean.

Mark2spark

Actually the more I think about it, it's daft, how can CMS have sent you a NtK dated 30th April if - to this day - they have not got your keeper details from DVLA?
They will have to concede obtaining the RK details from a non compliant source.

Mark2spark

I've had another thought. If you feel like being particularly arsey, you could inform the garage where the vehicle was purchased from, that they are in breach of the Data Protection Act by divulging your details to a third party without your permission

Angry_motorist

It was a Sytner Dealership that the car was purchased, they should know better. The V5c has still not been received and the letter to registered keeper was dated 30th (3 days after purchase) but was not received by post until 18th May.

Before emails to the wrong people are sent, would it be head office or the dealership that should be addressed regarding the passing on of details.

As for time on the premises, nothing to my knowledge has been recorded to prove the time spent on site. I will look into this. Another trip to the car park in question will be needed to find the landowner as the practice claims they do not own the land ?

Thanks again

Umkomaas

Before emails to the wrong people are sent, would it be head office or the dealership that should be addressed regarding the passing on of details.

Hit both, you're more likely to get at least one response. Whether or not you are doing it, I'd mark each letter 'cc Information Commissioner's Office (and the address)' to give it more weight and encourage them not to shelve it. Give them a 14-day deadline for response.

Another trip to the car park in question will be needed to find the landowner as the practice claims they do not own the land ?

A trip to the car park is unlikely to reveal any information. PPCs are notoriously shy in exposing the landowner's details on signage.

A quick phone call to the local council to ask who pays the non-domestic rate on the car park is likely to be potentially more revealing, and less inconvenient.

Coupon-mad

The V5c has still not been received and the letter to registered keeper was dated 30th (3 days after purchase) but was not received by post until 18th May.

Ask the dealership to confirm when your data was provided, as it seems VERY quick for the NTK to have been sent to you the new owner, dated just 3 days after purchase.

Seems fishy to me and you may be able to prove the PPC backdated it, if the dealership didn't give your data till May.

This is separate from the complaint to the dealership about GDPR breach.