Excel parking

Coupon-mad

Yes, you could report both to the ICO but you have to show the ICO that you have complained about the issue to them first.

Fruitcake

I may be wrong, but I believe this is the first case where the privacy notice or whatever the PPC has called it has been identified by a judge as being an NTD.
It would help us greatly if you could give us the judgment details.

Date of hearing
Location of Court
Case number
Your title and (surname) initial
The judges findings

You should complain to the DVLA and the DVLA Kadoe team that the PPC obtained the keeper's personal data too soon, and that the DVLA gave out this data without carrying out any checks.

DVLA complaint addresses.

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

Coupon-mad

 I believe this is the first case where the privacy notice or whatever the PPC has called it has been identified by a judge as being an NTD.

Second case!

We have seen before, but it's worth repeating here, the transcript from Adam Burzynski's case where he talked the Judge around to understand that a 'this is not a NTD' was indeed exactly that - a notice to driver:

https://www.dropbox.com/s/peh3uwf1wnrwq5g/APPROVED -E1QZ7X7C-VCS-BURZYNSKI.pdf?dl=0

VCS v Burzynski - claim E1QZ7X7C, Derby Court, 31/5/2019

Fruitcake

I missed that one C-m. Duly bookmarked. Thanks.

beagles2

Date of hearing 30/06/21
Location of Court York 
Case number G0QZ6K18

The hearing from memory started by the judge asking the claimant to clarify some things firstly what they were claiming for and in that , he found that the £60 additional fee that bw legal and subsequently  ELMS were trying to claim was not valid,  I belive he agreed with the arguments we put in the template defence and said that would be removed / not recoverable.  He then asked about the notice to driver and he talked about how it looked to him like it fulfilled all the requirements of a notice to driver. he understood the pofa and its requirements perfectly and just putting this is not a parking charge does not avoid this, the ELMS rep tried unsuccessfully to appeal that because they put this is not a parking charge that it was not a notice to driver for the POFA legislation. The judge was very clear it was and asked the rep if their case held up if they had not followed the requirements of the pofa, they agreed it did not.  I was only awarded £40 costs as it was a telephone hearing so I only needed a few hours off work. However the pleasure I took from ELMS calling to give me money was worth infinitely more  

Coupon-mad

Brilliant report - sounds like a canny Judge.  Which Judge at York understood the POFA so well?

Fruitcake

Thanks for the extra info. We don't see so many Privacy Notice/This is not a PCN these days, but I'm sure there are still some historical ones out there.

Coupon-mad

Just found your case on CourtServe (well, @ParkingMad did).

We see it was DDJ Rafferty and only listed for a 30 minute Directions Hearing!  haha, this claim didn't get very far then!