nForce PML / TRACE DR Advice Please !

BrownTrout

N force is a really pathetic little outfit based in Bakewell, one man band

JonP73

Thank you all.

So do I reply enquring on what basis and rationale they have contacted the DVLA for my details as they appear to have abused avenues available to them in relation to parking offences for other purposes ?

TIA

twhitehousescat

ducks in a row , contact dvla first ,

when they tell porkies , hit them hard

JonP73

Thank you, but to what end ? Will this help make the nForce notice go away?

nosferatu1001

A rather obvious end!
If they have abused the system that sets them up for
- DVLA taking action
- their ata (dont laugh) taking action
- you suing them for a breach of the DPA2018
And so on

JonP73

Sorry, I misread the reply (apologies!) I'll contact the DVLA and ask on what basis nForce requested my details - thank you

twhitehousescat

see newbies thread for dvla email address

Coupon-mad

And TRACE need reporting to the CSA for breach of their debt collection CoP.

That letter says that if they refer the case to a solicitor that it WILL result in:

- added solicitors' fees (no, it won't - random costs can't be added)
- court fees (no, not unless you lost the case at a hearing)
- a CCJ (so they are suggesting that a CCJ 'will' just happen - no it won't)

It completely misrepresents the truth.

You need to report them to the CSA as TRACE have that logo on the letter so they must be a member.

We need to look out for this in other cases as plenty of posters are reporting getting a letter from TRACE, and we need to have LOTS of complaints flying in, like has happened with reporting Gladstones to the SRA (and finally they are investigating).

JonP73

The DVLA have replied - I have replied requesting confirmation of what grounds nForce requested my details and that I did not enter the car park / private grounds :

Dear Mr xxx,

Thank you for your enquiry received on 18/12/2019.
Your case reference number is xxxxxxxx.

We appreciate that you have taken the time to contact us in relation to this matter.?

Information about registered keepers of vehicles can be released by the DVLA under the provisions of the Road Vehicles (Registration and Licensing) Regulations 2002. This legislation allows vehicle keeper details to be disclosed to third parties who can demonstrate that they have a reasonable cause to receive it. Reasonable cause is not defined in legislation but the Government’s policy is that it should relate to the vehicle or its use, following incidents where there may be liability on the part of the driver. Guidance on what constitutes reasonable cause is published online at https://www.gov.uk/request-information-from-dvla.

Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I trust you will appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable.

The DVLA cannot regulate directly the manner in which a parking management company is operated. Therefore, it has no influence over the scale of charges, the length of time motorists are allowed to park or the hours the company operates parking conditions for. These are matters between the landowner and the company employed to manage the car park.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it's not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private car park enforcement companies. The DVLA can't regulate any aspect of a company’s business. Any representations should be made to the landowner or his agent. DVLA releases information on the basis that reasonable cause is demonstrated.

The law allows DVLA to disclose keeper details, from the vehicle database, to law enforcement authorities or private litigants as a first point of contact to establish where liability for an incident or event may lie. Only the registered keeper can then decide whether he/she is able or willing to assist. Disclosure in these circumstances does not breach the Data Protection laws and the Information Commissioner’s Office is fully aware that the data held on the DVLA vehicle database is released in this way.

I trust this is of assistance to you.

Do not reply to this email. If you wish to contact us again about this response then please use our reply form link or copy and paste the following URL in to your browser:

Xxxxxxxxx

Best Regards

Xxxxxx
DVLA

JonP73

And the TRACE SAR response which refers to parking on nForce's land - I never entered the car park. It also spells my Christian name wrong and refers to parking charges as the basis of the data request but the allegation is damage of the barrier.

Any suggestions as to a response or next steps please ?

Re: Response to Data Subject Access Request



Dear Mr xxx



Thank you for your recent data subject access request received by us on 16/12/2019.



We confirm that Trace Debt Recovery UK Limited are processing your data and act as a data processor for our client nForce Parking Management, who is the data controller.



Legal basis for processing your data:



The General Data Protection Regulations set out a number of lawful reasonings for obtaining and storing personal data. (Many of these do not rely on consent from the data subject).

We wish to advise that the legal basis for processing data related to Parking Charge Notices is as specified under the General Data Protection Regulations (GDPR);

6(1)(b) – Processing is necessary for the performance of a contract with the data subject or take steps to enter into a contract.

- By parking you entered and agreed to a contract for the use of the land. As part of these contractual obligations, you agreed to pay a charge to our client who has instructed us to pursue this debt.



6(1)(f) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party…

- Legitimate interests include the pursuing of contractual obligations, the enforcement of Parking Charge Notices and the protection of landowners’ rights as owners of private land, who may contract a parking operator to manage the land. TRACE acts on behalf of our client in pursuing unpaid charges under these contractual obligations.

The processing of your data is therefore necessary for a contract which has been entered into between our client and you and because it is necessary for the legitimate interests of our client to recover the outstanding debt. We are provided your information by our client in order to settle the contract between you and our client. On behalf of our client, we are entitled to pursue an individual for an unpaid debt. We do so as we provide extensive resources and legal knowledge on recovery of outstanding debts that are due to be paid.



What data we are processing about you:



Name and address:

Xxx

Xxx

Xxx

Xxx

Xxx

Email address: xxx



Vehicle Details:

Vehicle registration mark – xxx

Make – xxx



Details about the parking event:

Date of parking event – 28/10/2019

Location – Smith’s Island Car Park

Contravention – Exceeded the height restriction and broke the barrier connection.



Correspondence sent to you and correspondence received from you:

Please see attached PDF copies.

This email contains your data and this email will forthwith be recorded against the case on our electronic case management system for us to prove that we have responded in full to your subject access request.



Where and how we obtained your data:

Your data (name and address, details about the parking event, vehicle details) was passed to TRACE Debt Recovery UK Limited by our client named above.

Your data was transferred from our client to TRACE Debt Recovery UK Limited electronically by Secure File Transfer Protocol (SFTP).



Who your data is shared with:

Your data is shared with;

Our client named above who is the data controller.

Printing and mailing provider (UK Mail) who collates and send out outgoing correspondence to data subjects with whom we communicate.

Tracing agencies for purposes of address verification.

Any solicitors instructed by our client on legal matters pertaining to this case.



For supplementary information about; categories of data, how your data his handled, stored and length of storage, along with your rights, please read our privacy policy online on our website here: https://www.tracerecovery.co.uk/privacy-policy/



If you feel that we have not responded in full or you have further questions, please do not hesitate to contact us.

You have the right to complain to the information commissioner and have the right to seek to enforce any of your rights under the General Data Protection Regulations through a judicial remedy.



Kind regards,

TRACE DPO