UK Parking Ltd, Windsor - Are they allowed to use PCN Parking Solutions to access my DVLA records?

Rgee

Hello everyone,
Today I received a Parking Charge Notice as a Registered Keeper of the vehicle in question and a demand for a not insignificant amount of money for a parking offence over 28 days ago.  Although I wasn't the driver (it was one of my dependants) due to the current situation & lack of income, I will probably end up having to pay the charge myself.
I thought that I might as well do a little research into the legal situation regarding PCNs.
I looked at the Protection of Feedoms Act 2012 regarding the conditions where the keeper will be liable to pay the charge.  The  PCN
is on UK Parking Limited headed paper and there is a label stating that they are 'The Creditor', but the address and payment facility lists PCN Parking Solutions.  

I looked at the PCN Parking Solutions website (http://pcnparking.solutions/) and found that they offer a service to parking operators in the UK and Ireland. One of their services is to access DVLA records as long as the company (UK Parking Limited) has been approved by DVLA.  

Obviously my details have been released by DVLA. According to the MSE website it seems that only members of accredited trade bodies (IPC or BPA?) can apply to the DVLA for my details.  I then tried to find out if UK Parking (the Creditor) was a member of an accredited trade body and it seems they are a member of the IPC.  Then it struck me that UK Parking may have arranged for a third party (PCN Parking Solutions) to access my details from DVLA. 
Is this legal?  Is it only the Creditor who can approach DVLA for my details?  Would this invalidate a demand for the keeper to pay the fine?
...or should I just bite the bullet and pay up?
Many thanks in advance for your advice.

Redx

yes its currently "legal"

yes a company providing back office work can do this on behalf of the parking company , providing they are in either the BPA or IPC trade bodies , Solutionlabs is one such company amongst several

nothing invalidates a pcn , its just an invoice , which you can either pay or contest, dont make the mistake of thinking these are like council parking or penalty charge notices nor are they subject to the same scrutiny

nobody on here would advise paying

check the NTK , did the parking company comply with POFA ?

Rgee

Hi Redx,
Thank you for the rapid reply.  That's a shame.
Unfortunately the PCN is no longer available.....dependants eh!
The only thing I wondered about the NTK was that there is no period specified, only a single issue time.
Here's a redacted version - if you wouldn't mind casting an eye:




Thanks again.

Fruitcake

That NTK is non PoFA 2012 complaint as it does not state the information required according to para 8 (2) (f) of said Act. I'm pretty sure it is missing other mandatory wording.

Compare the NTK with the PoFA line by line to see where it fails and therefore the keeper cannot be liable for the charge.

Start by thoroughly reading the sticky thread for NEWBIES then send the appeal template in blue from the first post of that thread from the keeper. You can if you wish add a one liner that since it fails to meet the strict requirements of the PoFA 2012, the keeper cannot be held liable so they should cancel now to save themselves money.

What happened when the keeper complained to the landowner?

Has the keeper complained to their MP yet about this unregulated scam?

D_P_Dance

Of course they are allowed.  Read the Perotecion  of Freedoms Act, Schedule 4..  You can obtain another copy of the NTK by sending the an SAR.

Even if you had done the most basic research on the internet you would have learned this.  Now please read the stickies/newbies at the top of the index page before asking any more questions. 

That administration charge of £18 which they have added is unlawful, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

That alone may be sufficient  to nullify this claim and have it thrown out if they were daft enough to take you to court.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

BTW, it is not an offence, nor is it a fine, nor a penalty, it as an invoice from an ex clamper, for an alleged breach of contract.  Iit has no meaning unless a judge in a civil court says it has under contract law.  Now do you see why you must  do the research?

Redx

I asked you to check the NTK , not the NTD

You have posted a copy of the NTK , so you definitely still have it , so check it for compliance with POFA , which it seems to have failed. They are inviting the keeper to pay it or to name the driver , we would advise you to do neither

If it fails POFA as we believe then YOU as keeper have no liability and do not have to reveal who was driving either , unless you had good reason to do so , which is why I asked you to check for POFA compliance because this is about self protection irrespective of what a dependent did or did not do

Until the Mhclg bring in the new regulations , nothing will change or has changed regarding your hypothetical questions about DPA , it's just that it's been years since we had the veils removed from our eyes yet yours has only just happened , welcome to our world

Umkomaas

Definitely a PoFA non-compliant NtK. But the PPC won't cancel on that basis (I suspect they won't even understand the point - really!), it will take a Judge to determine in your favour. This is obviously contingent on the driver's identity not being revealed. 

I'm afraid you're in for the long game here, no one can force you to pay this (other than a Judge), but it won't stop the PPC and/or PCNPS badgering you to do so. No different to any other poster who comes here, only a Judge can require a payment to be made. The PPC does have 6 years to issue court proceedings, so if you change address any time in the next 6 years, you must inform the PPC in writing.