One Parking Solution - Notice to Keeper / PCN

oscard

I'll post in POPLA Decisions as well.

Coupon-mad

This is brilliant news - you won the 2nd one on the 'not Plough Lane' argument.  Nicely done!

Umkomaas

Excellent results, and thanks for feeding back to the forum. 

I have reviewed the operators evidence pack and the PCN stipulates Plough Lane. I have reviewed the site map provided by the operator and must note that Plough Lane is not under the operator’s jurisdiction and as such is not covered by their terms and conditions. 

The PCN needs to stipulate the area parked but as this is not covered by the operator, I cannot conclude that the PCN has been issued correctly.

In the context of the Plough Lane and in view of this quite clear statement from POPLA, why not give the PPC a dose of their own medicine by making life uncomfortable for them?  

Write to the DVLA and complain that POPLA has grave doubts that the PPC has authority to operate on this road. Ask that the DVLA investigates and reports back to you. In particular they should calculate how many charges have been issued there, and should there be no valid landowner authority, the PPC should be required to cancel all charges for that site and repay motorists who have been misled and paid. Email in the first instance:

ccrt@dvla.gov.uk (and) 

KADOEservice.support@dvla.gov.uk 

Send to both. 

If you get a fob off from that approach, follow it up with a full blown Freedom of Information request. It will be more difficult for them to hide under FOI. 

https://www.whatdotheyknow.com/

You might also consider issuing the PPC a Letter of Claim prior to a possible county court claim for breach of the DPA. Read these:

http://parking-prankster.blogspot.com/2017...0-for-data.html

http://parking-prankster.blogspot.com/2016...orist-wins.html

https://www.parkingcowboys.co.uk/data-protection-act/

There has to be some process of backlash against PPCs to make them think twice before issuing tickets on a scattergun basis and their unchecked harvesting of personal data from the DVLA on an industrial scale. 

oscard

Thanks Umkomaas, that will be my weekend job to do.
I hate to think how many have parked there before and since. Feel like driving up there and giving a finger to the CCTV but my efforts are better put to the above.

Umkomaas

oscard said:

Thanks Umkomaas, that will be my weekend job to do.
I hate to think how many have parked there before and since. Feel like driving up there and giving a finger to the CCTV but my efforts are better put to the above.

OPS are already wobbling with a series of significant losses in the small claims court, with the threat of a Constraining Order hanging over their head, so a further shove in their back will hopefully see them wobbling even more drunkenly. 

All actions have consequences. 

oscard

On the Merton Website to get the number of tickets issued there under the FOI request.

Fruitcake

Well done Oscard. Two wins against the scammers.

Your complaints to the DVLA should be twofold. One that the scammers obtained and proceed keeper data without reason, and two that the DVLA released the data without any checks.

A complaint to your MP wouldn't go amiss either.

oscard

Any input to the below appreciated. Will also be sending on Monday to Merton Council and Local MP.

Thank you in advance.

ccrt@dvla.gov.uk / KADOEservice.support@dvla.gov.uk 

 

To whom it may concern,

I am writing in relation to parking charge notices (PCNs) I received from One Parking Solution Limited (OPS) in the borough of Merton, specifically in relation to what OPS call ‘Plough Lane.’

I appealed to POPLA after my initial appeal was declined by OPS.  My appeal to POPLA was successful.  

 

Extract from the POPLA Assessor supporting rational for decision:

He states that no planning permission has been granted by Merton Borough Council. I acknowledge the appellants grounds of appeal and evidence provided to demonstrate that the area parked is not Plough Lane.

I have reviewed the operators evidence pack and the PCN stipulates Plough Lane. I have reviewed the site map provided by the operator and must note that Plough Lane is not under the operator’s jurisdiction and as such is not covered by their terms and conditions.

The PCN needs to stipulate the area parked but as this is not covered by the operator, I cannot conclude that the PCN has been issued correctly.

Accordingly, I must allow this appeal. I note the appellant has raised other points relating to the Parking Charge Notice, but as I have allowed the appeal it will have no bearing on the case.

 

This is very worrying given the number of PCNs that have likely been (and continued) to be issued at this location.

 

In that respect I urge you, the DVLA to investigate whether this private parking company has the legal authority to operate and issue PCNs on this road.  POPLA as can be seen above have already concluded that they do not have the authority on this road.  So all issued PCNs should be null and voided and charges already paid should be reimbursed promptly.

 

And I would also like to complain about how my details/data were obtained without a valid reason by OPS.  Why did the DVLA provide the owner details without a system of robust checks in place to what is quite clearly a fraudulent operation.

 

I am happy to provide more information if required.

I will also be contacting Merton Borough Council and Stephen Hammond the MP responsible for Merton in relation to the continued operation of OPS.

Regards

X

Attached is the PCNs issued by OPS.

Fruitcake

I wouldn't ask questions.

I suggest this part might be better worded, 
"And I would also like to complain about how my details/data were obtained without a valid reason by OPS.  Why did the DVLA provide the owner details without a system of robust checks in place to what is quite clearly a fraudulent operation."

"I would also like to complain about how my personal details/data were obtained and processed without a valid reason by OPS.  I believe this to be a breach of the General Data Protection Regulations (GDPR).
In addition, I believe the DVLA released my personal details/data without reason or checks that OPS had the right to do so.

I also believe a breach of the KADOE contract between the DVLA and OPS has occurred."
 (Look up the relevant sections that may have been breached.)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/455973/Annex_A_-_KADOE_Fee_Paying_Contract_V4.pdf

Fruitcake

I'll have a look through the KADOE and see what I think might be relevant.