PCN received for dropping off a disabled child at a hospital entrance. Please help

Cili

Hi Everyone,

I've decided to hold DVLA accountable and had sent off an escalated complaint below. I am completely clueless as this is the first time for me but I did notice my arguments becoming more potent as I carry on learning from everyone along the way. Might as well get in some practice arguments and make all the mistakes there is before getting in front of a judge & the Parliamentary and Health Service Ombudsman. All comments welcome & appreciated. Thanks.

Complaint to DVLA:


[FONT=&quot]Dear Mr DVLA,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Protection of Freedoms Act 2012 & Data Protection Act 2018[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your letter dated dd/mm/yyyy.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kindly note that Parking Control Management (UK) Ltd’s (hereinafter “PCM”) is a serial litigant with unlimited access to legal representation against a defendant like me with no legal knowledge or experience of court process. Therefore, even though I know my data has been illegally passed on to PCM, I do not know how to go about pointing it out. But I am learning as I go along and given the fact that I have a right to know that the law has been followed properly, I would appreciate it if you could provide me with the following:[/FONT]


[FONT=&quot]Relevant documents:[/FONT]

[FONT=&quot]1.[/FONT] [FONT=&quot]DVLA has a duty to protect my personal data under Section 2 of the Data Protection Act 2018[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2.[/FONT] [FONT=&quot]Page 8 of DVLA’s on published document regarding The Protection of Freedoms Act 2012 (PoFA) also clearly says that Schedule 4 of the POFA does not provide a route to claim parking or trespass charges which were not lawfully due in the first place.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/804462/inf266-release-of-information-from-dvlas-registers.pdf[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Hence, what I need from DVLA:[/FONT]

[FONT=&quot]Under the Data Protection Act 2018, I have a right to restrict the processing of my data & object to how my data is processed in certain circumstances.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The parking charge issued by PCM is not lawfully due in the first place.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I need to see the evidence which has been forwarded to you by PCM which has clearly demonstrated to you that they have a reasonable cause for requiring it and their parking charge is lawfully due.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]https://www.gov.uk/data-protection[/FONT]



Relevant documents:

[FONT=&quot]As per your letter, this is what s1(a)(b) and s2 of Schedule 4 in the POFA says:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]1(1)This Schedule applies where—[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot](a)the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot](b)those charges have not been paid in full.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot](2)It is immaterial for the purposes of this Schedule whether or not the vehicle was permitted to be parked (or to remain parked) on the land.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Hence, what I need from DVLA:[/FONT]

[FONT=&quot]Given that the DVLA is relying on Schedule 4 of the PoFA, I need to see the evidence which PCM has provided to DVLA in respect of the parking of my vehicle. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In any other circumstances, my data has been obtained and released unlawfully by both PCM and DVLA under Schedule 4 of the PoFA[/FONT]


[FONT=&quot]Relevant documents:[/FONT]

· [FONT=&quot]The Department of Health & Social Care guidance on hospital parking states that:[/FONT]
[FONT=&quot]1. NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.[/FONT]
[FONT=&quot]2. NHS organisations should act against rogue contractors in line with the relevant codes of practice6 where applicable.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In paragraph 5 of the same guidance, a grace period should also be given before a parking charge is applied and according to Mr Big Guy of East & North Hertfordshire NHS Trust, the grace period for the car park which PCM operates is 20 minutes.[/FONT]
[FONT=&quot] [/FONT]
· [FONT=&quot]A disabled passenger has a right to reasonable adjustment under the Equality Act 2010 to access & use the services of a hospital.[/FONT]
[FONT=&quot] [/FONT]
· [FONT=&quot]In paragraph 5 of your colleague’s letter dated dd/mm/yyyy, she set out the criteria “If the vehicle is considered to be stopped (e.g occupied) or parked (e.g. unoccupied) in an unauthorised area, this still makes an investigation by the operator necessary, and fulfils the reasonable cause criteria for the lawful release of vehicle keeper data”.[/FONT]

[FONT=&quot]Hence, what I need from DVLA:[/FONT]

[FONT=&quot]I also need to see the evidence DVLA had received from PCM fulfilling the reasonable cause criteria mentioned in your colleague’s letter dated dd/mm/yyyy as follows:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]1.[/FONT] [FONT=&quot]Evidence given to DVLA that PCM had reasonably informed the driver of my vehicle (who was passing through to drop off a disabled autistic child for the very first time at the hospital and is very unfamiliar with the area) that, my vehicle had stopped in an unauthorised area. I have received no such evidence from both PCM & DVLA which suggests to me that my vehicle had stopped in an unauthorised area.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2.[/FONT] [FONT=&quot]Evidence given to DVLA that PCM had indeed made the “necessary investigation” needed to fulfil the reasonable cause criteria for lawful release of the vehicle keeper data. With no evidence provided by both PCM & DVLA, I suggest no investigation was necessary as my vehicle had indeed stopped in an authorised area hence my keepers data had indeed been given unlawfully by the DVLA to PCM.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3.[/FONT] [FONT=&quot]Kindly note that had PCM indeed made the “necessary investigation” needed to fulfil the reasonable cause criteria for lawful release of the vehicle keeper data set by the DVLA, PCM would have discovered that the driver was making a reasonable adjustment for the disabled passenger under the Equality Act 2010 to access the services of a hospital which is also required of PCM who are managing all access to a hospital under the Equality Act 2010. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]4.[/FONT] [FONT=&quot]The DVLA had also committed an indirect discrimination under S19(1)(2) and (3) of the Equalities Act 2010 by participating in PCM’s request to penalise the driver making a reasonable adjustment for a disabled child accessing the services of a hospital under the Equalities Act 2010.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]5.[/FONT] [FONT=&quot]PCM also did not observe the 20 minutes grace period set by the East and North Hertfordshire NHS trust AND the NHS trust are required to act against rogue contractors in line with the relevant codes of practice6.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]PCM had not shown a reasonable cause to the Satisfaction of the Secretary of State under Regulation 27 of The Regulations 2002 when they had not complied with both the necessary criteria set by the NHS Trust (requiring grace period) and the DVLA (requiring investigation) as well as the Equalities Act 2010 (requiring reasonable adjustment).[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I need to see the evidence you have in hand from PCM showing they have met the criteria mentioned by your colleague when DVLA unlawfully released my vehicle keeper data to them.[/FONT]


[FONT=&quot]Relevant documents[/FONT]

[FONT=&quot]Under Section 49 of the Data Protection Act 2018, I have the right not to be subject to automated decision making by the DVLA.[/FONT]

[FONT=&quot]Hence, what I need from the DVLA:[/FONT]

[FONT=&quot]I suggest DVLA had prepared my data for automated decision making in contravention to s49 of the Data Protection Act 2018, by requiring PCM to “serve a six months probationary period using manual enquiry forms”.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Upon fulfilling the 6 months probation period successfully, I suggest DVLA then use this as an excuse to make an automated decision to “automatically” release my data upon receipt of electronic request made by PCM without any further need to verify if there is a reasonable cause for PCM to do so, in contravention to s49 of the Data Protection Act 2018.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I therefore need documented evidence showing me that the DVLA had not subjected me to an automated decision making process after PCM’s 6 months probation period, against s49 of the Data Protection Act 2018 and the DVLA had assessed PCM’s reasonable cause when they received an electronic request from PCM on this occasion.[/FONT]


[FONT=&quot]Relevant documents[/FONT]

[FONT=&quot]DVLA also has a duty to protect my personal data under Section 2 of the Data Protection Act 2018.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Having revoked my licence on dd/mm/yyyy, DVLA knew beforehand that no contract exists between me & PCM. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]My vehicle was not parked on private land as specified under s1(a)(b) and s2 of Schedule 4 of the PoFA therefore, PCM had no reasonable cause to obtain my vehicle keeper details under this Schedule.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]And when DVLA released my data to PCM (unlawfully on this occasion), my data are to be used with clear terms of agreement with DVLA which describes when information may be requested, how it can be used and how it should be stored.[/FONT]

[FONT=&quot]Hence, what I need from DVLA:[/FONT]

[FONT=&quot]1.[/FONT] [FONT=&quot]My vehicle was not parked as required under Schedule 4 of the PoFA therefore, there is no reasonable cause for PCM.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2.[/FONT] [FONT=&quot]My vehicle was making reasonable adjustment for a disabled autistic child who struggles to walk far at the hospital entrance under the Equality Act 2010 BUT PCM had penalized the driver for making such adjustment. Therefore, I suggest the Secretary of State will not be satisfied that this is PCM’s reasonable cause under Regulation 27 of Regulations 2002.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3.[/FONT] [FONT=&quot]According to Jopson vs Homeguard “stopping” is NOT “parking” therefore, PCM has no contractual claim against my vehicle’s right to stop at the hospital entrance which, was made under the protection of the Equalities Act 2010.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Looking at Appendix 1 (letter from TRADE Debt Recovery UK Ltd demanding £160 threatening court action), my question is, can PCM pass on the data they obtained from DVLA to a third party without my knowledge or consent when the court has not even decided if I am liable or not? [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I therefore need a copy of DVLA’s terms of agreement with PCM which describe when my information may be requested, how it can be used and how it should be stored.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Furthermore, I suggest PCM had misused my data and had contravened the Data Protection legislation so, what is DVLA going to do about it? If DVLA disagrees with my suggestion you need to let me know which Statutory Act allows PCM to do so.[/FONT]


[FONT=&quot]Relevant documents[/FONT]

[FONT=&quot]Under Section 1(3) of Parking (Code of Practice) Act 2019 (hereinafter “Parking Act 2019”) PCM are required to exercise “good practice” which had appeared to the Secretary of State to be desirable having regard to the interests of persons using such facilities. [/FONT]

[FONT=&quot]Hence, what I need from you:[/FONT]

[FONT=&quot]As DVLA is acting on behalf of the Secretary of State, can you tell me how PCM’s “good practice” is desirable when they penalize my vehicle for making reasonable adjustment under the Equality Act 2010 for a disabled autistic child to use the hospital’s facilities?[/FONT]


[FONT=&quot]Relevant documents[/FONT]

[FONT=&quot]And under Section 5 (2)(a)(b) of the Parking Act 2019 the Secretary of State must have regard to PCM’s failure to act in accordance with East & North Hertfordshire NHS Trust’s parking code (i.e. 20 minutes grace period) when deciding:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] (a) whether to disclose any particulars contained in the register to a person under regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 (S.I. 2002/2742);[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] (b)[/FONT] [FONT=&quot]whether a person should be, or should continue to be, an accredited parking association.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Hence, what I need from DVLA:[/FONT]

[FONT=&quot]PCM did not give my vehicle any grace period and had failed to act in accordance to the NHS Trust’s parking code under s5(2)(a) of the Parking Act 2019. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I now need to see documented evidence from DVLA on how you have exercised s5(2)(a) of the Parking Act 2019 when you unlawfully forwarded my keeper’s data to PCM; and[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I also need to see evidence on how the DVLA had reviewed and concluded under s5(2)(b) of the Parking Act 2019 that PCM should continue to be an accredited parking association after all the breaches mentioned above.[/FONT]


[FONT=&quot]I would like to point out that DVLA has also failed to follow its complaint procedure by directing me to ICO instead of the DVLA’s Chief Executive’s Office which, is who I will be writing to next.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I will also be forwarding a copy of my medical report from the Crisis Assessment & Treatment Team to the DVLA explaining how DVLA’s disclosure had caused substantial distress to my mental health as soon as their report is done.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours faithfully,[/FONT]
[FONT=&quot]Cili[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]cc: MP for Hertford and Bishop’s Stortford[/FONT]
[FONT=&quot] ICO [/FONT]

KeithP

Have you seen this document:

Release of information from DVLA’s registers

Here is just one quote from it. On page 3 it says:

Release of information from DVLA’s vehicle register

The law allows DVLA to release information from the vehicle register to the police and local authorities.
Regulation 27 of the Road Vehicles (Registration and Licensing) Regulation 2002 also allows us to release data to private or public sector organisations and individuals providing they can demonstrate reasonable cause to have it. The release of information about vehicles and their keepers for such purposes is long established and was in place before DVLA existed. As the law allows the release of personal data we do not need the vehicle keeper’s consent to disclose their details.

It goes on to explain that in greater detail and does discuss their interface with the private parking companies.

Umkomaas

Complete waste of time complaining to the DVLA. You'll get a standard template response, fobbing you off. Unfortunately, as things stand, the law supports them.

Cili

Yup! I've considered DVLA's defence on both Schedule 4 of Protection of Freedoms Act 2012 as well as Regulation 27 Road Vehicles (Registration & Licensing ) Regulations 2002 in detail and have listed all the other relevant legislations which they have to comply with in detail. Not just this two.

Furthermore, on this occasion, I also told them how they had not complied with the requirements of both legislation in my complaint so they have to show me evidence that they had.

I am only going through the motions with DVLA to get to a hearing before the Parliamentary and Health Service Ombudsman


https://www.ombudsman.org.uk/about-us/how-our-casework-makes-difference/case-summaries/461

steve1500

Cili wrote: »

Yup! I've considered DVLA's defence on both Schedule 4 of Protection of Freedoms Act 2012 as well as Regulation 27 Road Vehicles (Registration & Licensing ) Regulations 2002 in detail and have listed all the other relevant legislations which they have to comply with in detail. Not just this two.

Furthermore, on this occasion, I also told them how they had not complied with the requirements of both legislation in my complaint so they have to show me evidence that they had.

I am only going through the motions with DVLA to get to a hearing before the Parliamentary and Health Service Ombudsman


https://www.ombudsman.org.uk/about-us/how-our-casework-makes-difference/case-summaries/461

If you think that the DVLA are processing your information illegally / improperly then you need to complain to the Information Commissioner

Obvious points are how are they complying with Article 13 of GDPR.

Likewise what steps have they taken to ensure the parking company is compliant with Article 13 - None

Cili

Thanks, Steve1500.


I've given ICO a copy of my DVLA complaint so, they are aware of this and I shall add article 13 when I launch a formal complaint with ICO. Just waiting for DVLA response to my latest complaints to see if there's anything to add to my complaint.


Regards,
Cili