PCM, High Point Village, TheIAS appeal

Bas_119

Thank you, you are great help
Data breach was my next official stage and was considering action fraud for obtaining my data.

complaint to Landowner complaint, no answer
Hillingdon complaint, got back to me and I will referring them to ombudsman( there is not a clear division between public and private land) they put double yellow all the way from public onto private with no breakage.
Mps in process. 

Can pcm refuse to provide the landowner contract?

zhonguonuren

Can pcm refuse to provide the landowner contract?

In my experience if they don’t supply it on request it probably means there is something in it they don’t want you to see.  It would have to be shown in court if you request it - it’s crucial to a case against you.  Anyone could say they have landowner authority and make up a dodgy agreement.  Keep asking in writing (with proof) and if it is not forthcoming include it in any court documents.  

I wouldn’t waste your time with action fraud.  

Write to 
Requests@dvla.gsi.gov.uk
Include your name, address and vehicle registration number and ask to see how your personal details were obtained by the parking company, and for a copy of that document.  It may be a V888/3 or if  electronically sent I would like to see if the parking company has to make any sort of statement as to why it can lawfully request your personal details.  

When you receive it (by post) come back and let us know what it says.  

This may be a good case for breach of GDPR but I wouldn’t go in with it too early - collate all the evidence first (timings, everything).  I personally would resolve the PCN without mentioning the data breach - and go in with a money claim afterwards.  

Umkomaas

1. The vehicle was observed parked at 10.21 and was initially photographed at 10.21:21. The last photograph

showing the vehicle was still on site, albeit leaving the area, was captured at 10.22:04. As the driver had left

How can anyone be expected to be able to read the signage and make a decision to stay or leave in the space of 43 seconds? The total time on site was no more than 64 seconds. This is nothing more than a penalty and is not saved by Beavis. 

But this sort of sneaky snap 'n trap is not new to PCM. Mrs Sunglasses was one of their key operators - nothing much has changed!

 http://parking-prankster.blogspot.com/2016/12/heath-parade-graham-park-way-scam-site.html

Bas_119

Thank you all, in that 60 seconds, the vehicle was doing a U- Turn and they took 10 photographs and their own photos are showing the vehicle in motion and doing these manoeuvre. It will be writing to DVLA by this afternoon. 

D_P_Dance

Have you complained to your MP?

nosferatu1001

Sue them. Absolutely no way this was reasonable cause. 

 It get the reason supplied to the dvla first. If they state anything;to do with parking, they're screwed. 

Bas_119

I have written to my Mp, will be writing to Hayes MP as well. They are even breaching their own IPC code by demanding money by writing letters to me, whilst this is still at appeal stages.

MothballsWallet

Bas_119 said:

I have written to my Mp, will be writing to Hayes MP as well. They are even breaching their own IPC code by demanding money by writing letters to me, whilst this is still at appeal stages.

Personally, I would have asked my own MP to pass my letter on because there are some MPs who don't like receiving letters from non-constituents.

You may be okay for this occasion though, depends what the Hayes MP is like.

Bas_119

Ok, recieved. Thank you

Bas_119

Dear All;

This email received from DVLA on why they released my data (can someone please advice);

“Tank you for your email of 4th May 2020 to DVLA regarding Parking Control Management UK Ltd.

I would like to explain that under Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 permits the disclosure of vehicle keeper information to those who can demonstrate a reasonable cause for needing it.  The release of information under this legislation is not based on the consent of the data subject. Regulation 27 provides a legal gateway for the release of information. Disclosure in these circumstances does not breach the Data Protection Law and the Information Commissioner’s Office is fully aware that data held on the DVLA’s records is released in this way.

However, The DVLA provides vehicle keeper details as a first point of contact, to establish where liability for an incident or event may lie. Refusal to disclose these details to private car parking management companies would mean that motorists would  be able to park on private land with disregard for the conditions applying with little prospect of being held accountable.

With regards to your email, you have asked us to provide you with copies of  evidence used by the company in question. Unfortunately we can’t provide that information. Although, I can confirm that a request for vehicle keeper information was made with DVLA by Parking Control Management UK Ltd on 21.03.2020 Your vehicle keeper information would have been released the following day that a request was made.

To explain, Electronic requests for information from the DVLA vehicle record are handled via an automated process. There is no requirement for a decision to be made to disclose information at the time an application is received. The request is received and processed in accordance with the terms and conditions of the contractual agreement.

I would like to inform you that I have been in contact with the parking company in question. After reviewing the evidence, we can confirm they had sufficient evidence at the time to make the enquiry for data

Parking Control Management UK Ltd, have advised me that a ticket was issued to the vehicle, **********,  for the following ‘parked outside of a marked bay/ restricted roadway/ paved area or causing a obstruction’.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is 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 cannot 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 company in question, Parking Control Management UK Ltd, is a member of the International Parking Community Ltd (IPC) which is an Accredited Trade Association for the parking industry. The IPC’s code of practice is published on its website at www.theipc.info under the heading Accredited Operators Scheme. If a member of this AOS does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA.