One Parking Solution - Notice to Keeper / PCN

Fruitcake

With regards to DVLA KADOE team, I suggest you make your complaints by referring to sections D12 and 12.1 of the KADOE contract, and ask that the DVLA reviews the actions of OPS under sections C6.1 and C6.2, and specifically ask them to review the items listed in section C6.3 paragraphs b), e), f), g), k), l), m), o), and p).

You should complain about breaches by both OPS and the DVLA as per the following. (You will need to read each section to work out whether it refers to an OPC breach, or DVLA breach, or both. Hopefully you will be able to work out what I mean when you read each paragraph.)

Part B
B1
B1.1
B2.1 a) and b)
B2.2
B2.3
B3.2

Part C
C1
C1.1 (signs not actually at the location where the car was parked)
C3.1 (no debt)

Part D
D1
D1.1
D1.5?
D1.7
D6.1
D6.2
D8.1
D10
D10.1

Schedule 2
1.1 b) f) l) m)
3
3.1 h)

I suggest you pick out what you think are the most relevant points.

Remind the DVLA that OPS are being investigated to determine if criminal proceedings should be brought against them. C-m can help you with that.

oscard

Thanks Fruitcake et al.
I'll have another draft for your inputs sometime tomorrow once I've done some reading/homework.

oscard

I have submitted a freedom of information request to Merton Council (takes up to 20 days). Does anyone know if that covers PCNs issued by PPC? OR do I have to directly contact OPS for that info?

Le_Kirk

Just a small point, you are the registered keeper not the owner (well of course you might be but that is irrelevant to the DVLA).

Redx

oscard said:

I have submitted a freedom of information request to Merton Council (takes up to 20 days). Does anyone know if that covers PCNs issued by PPC? OR do I have to directly contact OPS for that info?

I doubt that OPS will provide that information, you cannot FOI a private parking company

oscard

Fruitcake,
In regards to DVLA KADOE should that be a separate letter (to incorporate all the points) to the one I send to ccrt@dvla.gov.uk and MP?
Thanks

Fruitcake

oscard said:

Fruitcake,
In regards to DVLA KADOE should that be a separate letter (to incorporate all the points) to the one I send to ccrt@dvla.gov.uk and MP?
Thanks

Yes, that's why Umkomaas said this two days ago,

ccrt@dvla.gov.uk (and) 

KADOEservice.support@dvla.gov.uk 

Send to both. 

oscard

Fruitcake, where/what are sections 12 and 12.1? The KADOE contract comes in Part A to L only.

Fruitcake

oscard said:

Fruitcake, where/what are sections 12 and 12.1? The KADOE contract comes in Part A to L only.

Sorry, that should read, D12 and D12.1

D12. Action on Complaint

D12.1. Where a complaint is received about the Customer or the manner in which its services have been supplied or work has been performed or procedures used or about any other matter connected with the performance of the Customer’s obligations under the Contract or the use of Data, the DVLA may notify the Customer, and where considered appropriate by the DVLA, investigate the complaint. The DVLA may, in its sole discretion, acting reasonably, uphold the complaint and take further action in accordance with PART J of the contract

oscard

Complaint 1. This to be sent to ccrt@dvla.gov.uk and the MP, stephen.hammond.mp@parliament.uk

All suggestions welcome.

Dear Sir/Madam,

 I am writing in relation to parking charge notices (PCNs) I received as the registered keeper 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 extremely concerning that OPS have been allowed (and continue) to issue PCNs at this location and one can only imagine the number that have been fraudulently issued at this location.  

Given the conclusions of POPLA I would like to make the following complaints:

1)      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).

2)      The DVLA released my personal details/data without reason or checks that OPS had the right to obtain them.

I presume the DVLA will now investigate and provide a report of their findings.  In particular, the number of PCNs that have been issued at that location and should there be no valid landowner authority, OPS should be required to cancel all charges for that site and repay motorists who have been misled and paid.  And the DVLA should suspend OPS from accessing registered keeper data immediately.

I am happy to provide more information if required.

Regards

X

Attached

PCNs issued by OPS (x2)

POPLA decisions (x2)