DCB Legal & UK Parking Control - 5 year old letter of claim - private business park

DML1957

I've drafted a paragraph challenging how UKPC could have accessed the vehicle details from DVLA and have issued the NtK by early June (date not known).   The car lease company forwarded the NtK letter which arrived sometime in mid June as I replied with a letter to UKPC dated 24 June, requesting a lot of information which of course they didn't supply.  Is this suitable to add: -

8.  On 22 March 2018, the Claimant was suspended by The Driver and Vehicle Licensing Agency (‘DVLA’) from accessing vehicle details whilst they investigated the Claimant’s nefarious activities – including changing date and time information and issuing Parking Charge Notices (‘PCN’) whilst suspended.  The Defendant received a Notice to Keeper (‘NtK’) letter from the Claimant in June, which had been forwarded by the vehicle’s keeper and owner, a contract lease company.  The lease company charged the Defendant a £ 10 fee for forwarding the NtK letter on 18 June 2018.  This flow of events challenges how the Claimant could have legally gained access to the Defendant’s vehicle’s details and be able to issue a NtK letter to the vehicle keeper whilst suspended between the 22 March and the 25 May 2018.  The 25 May being a Friday.  The Claimant is put to strict proof that their actions complied fully with the Guidance on Section 56 and Schedule 4 of the Protection Of Freedoms Act 2012 and that of the DVLA’s KADOE rules.  The Claimant has refused to provide any records that show how and when it acquired the vehicle details and whether this was indeed via a proxy.  Subsequently, a number of months later, any and all Claimant signage was removed from the business park.

Coupon-mad

That's good!

patient_dream

And by the way, in the UKPC letter they refer to the Supreme Court, Parking Eye v Beavis ?

SO UKPC, let's get the facts correct. The Supreme court clearly said the charge of £85 was in order as it covered the cost of operating the scheme.

It is plain to see in this video (about half way through) ..... THE REAL JUDGEMENT
Note the words "covered the costs" ..... The court did not agree or even mention the fake add-on charges that DCBL apply and the ruling was on a £85 charge and NOT a charge of £100.

What on earth are UKPC blathering on about. It is a feeble attempt to scare and mug you and if DCBL use the same blather to a judge adding fake amounts, the judge can certainly quote back what the Supreme Court actually said and so can you

https://www.youtube.com/watch?v=aFIH1Vwu1DM

KeithP

David, from that letter you have shown us Today at 1:32AM, your full name, your full address including postcode and your vehicle registration number are all clearly visible.

Armed with that information, your forum username suggests your middle name begins with 'M' and you were born in 1957.    

1505grandad

" This flow of events challenges how the Claimant could have legally gained access to the Defendant’s vehicle’s details and be able to issue a NtK letter to the vehicle keeper whilst suspended between the 22 March and the 25 May 2018."

Just a thought  -  not sure of the date the following were written but is it possible that the UKPC found the RK/keeper details  as per the BVRLA MoU:-

https://www.bvrla.co.uk/static/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf   (page 9)

"Parking on Private Land

Given that lease agreements are sensitive documents these cannot be released to 3rd parties.

Instead the BVRLA has agreed Memorandum’s of Understanding with the 2 trade bodies for the

private parking sector, British Parking Association (BPA) and International Parking Community (IPC).

The Memorandums help facilitate good working practices between BVRLA members and members

of BPA and IPC. For leasing companies the memorandum allows the provision of customer details to

private parking companies without the need to see the lease agreement. However, if the customer

fails to response (sic) the private parking company can request payment again from the leasing company.

The memorandums also facilitate electronic communication where possible between private parking

companies and leasing/rental companies."

https://www.bvrla.co.uk/guidance/road-traffic-offences.html

"The legislation allows for transfer of liability but only with a valid hire agreement so many leasing companies struggle to comply with the regulation. To assist members the BVRLA works closely with the British Parking Association and International Parking Community to facilitate a Memorandum of Understanding which allows leasing companies to informally provide their customer details."

B789

But even so, how would the PPC know that the vehicle was leased and which leasing company? They still need to access DVLA records for that, don't they?

Not_A_Hope

The 22 Feb 2018 incident took place on a private business park. 

If UKPC were not banned from accessing DVLA data until 22nd March 2018 they had a month to request keeper details.

You can always submit a SAR to the DVLA and ask when they received a request for your data and from whom.

DML1957

KeithP said:

David, from that letter you have shown us Today at 1:32AM, your full name, your full address including postcode and your vehicle registration number are all clearly visible.

Armed with that information, your forum username suggests your middle name begins with 'L' and you were born in 1957.    

Apologies - appreciated - deleted and the correctly redacted version added in its place

1505grandad

Perhaps per a reply by C-m on one of my threads:-

"This is a central data bank of leased vehicles.  Saves Fleet companies time if they upload the details of hirers and lessees once onto this database, rather than receiving PCNs to reply to.

I can see the benefit of that to Fleets.  However, I wonder who is responsible for keeping the data updated if the lessee/hirer/fleet user changes, or if that individual moves house.

I can see as much bad data held as the DVLA!

Not POFA compliant because under Sch4, keeper data must have been provided by the Secretary of State (the DVLA).  This excludes other sources.

This database will also enable rogue parking firms who are unregulated or on a DVLA ban, to get an address to pursue lessees & hirers by a back door method. Not good."

DML1957

Thanks for all the comments - perhaps I should have provided the email exchange I had with the DPO @ UKPC in Janury 2023, hopefully this adds some extra details to UKPC's position....

I emailed DPO @ UKPC on 4 Jan 2023 - following receipt of the SARs information - only photos and the PCN

Dear Sir or Madam,

I acknowledge receipt of your email and attachments.  

The information provided does not include any data, correspondence, references or information that relates to your letter 15073583.pdf - a copy of which is attached below for ease of reference.  I refer to your points 3. and 4. specifically and the alleged decision by POPLA to which your correspondence refers.

Please provide all and any data held, all evidence that will be relied on in respect to the following paragraph in this correspondence: -

We are writing in relation to the above parking charge which you chose to appeal with the independent adjudicator POPLA. Having considered the evidence provided by you and UK Parking Control, we can confirm that POPLA have declined your appeal, ruling in favour of UKPC. 

Regards,

XXXXXX

DPO responded - 4 Jan 2023

Good afternoon,

Please be advised that we no longer hold this data, due to POPLA changing their system last year.

We would advise that if you require this data, it is requested directly from POPLA.

Kind regards,

Data Protection Team

UK Parking Control Ltd

My email dated 12 Jan 2023

Dear Sir or Madam,

Thank you for your email of 4 January 2018.

Please confirm that UK Parking Control Ltd has no evidence or information with respect to any correspondence with POPLA that relates the above incident and that maybe be presented as evidence in court.

I note that UK Parking Control Ltd and Ranger Services Ltd were suspended from accessing DVLA’s online services as of the 22 March 2018.  Can you please provide information and any correspondence UK Parking Control Ltd and or Ranger Services Ltd may have had with the DVLA on or after the 22 February 2018 including all dates and any information that relates to the vehicle’s registration number and maybe presented in evidence should the matter proceed to court.

Regards,

XXXXXX

DPO responded - 13 Jan 2023

Your subject access request has been fully fulfilled. If you require any documentation that is held by 3rd parties, kindly revert your request to them.

UKPC have a fully enforceable contract with the DVLA to request keeper details. If you require any information from Ranger Services Ltd, please revert this question to them. 

Correspondence with UKPC and Ranger Services does not fall within the scope of a subject access request, so will not be provided to you.

Kind regards,

Data Protection Team

And my second email of the 12 Jan 2023

Dear Sir or Madam, 

I note from the documents received in your email of 4 January 2023, that there was no letter of Notice to The Keeper (NTK); can you please supply a copy of this correspondence.

Regards,

XXXXXX

DPO responded - 16 Jan 2023

Good morning,

Thank you for your email.

Please be advised that, in this instance, no NTK was sent to you because you are not the registered keeper of the vehicle.

Kind regards,

Data Protection Team

My email dated 15 Jan 2023

Dear Sir or Madam,

I note from your email that you have declined to confirm whether you hold any information or to forward any information that UK Parking Control Ltd may hold that would have allowed UK Parking Control Ltd to know and therefore be able to write to the registered keeper of the above vehicle following the 22 February 2018 incident.

More specifically, UK Parking Control Ltd are unable or unwilling to provide details on how you ascertained my driver information from the DVLA or in fact any other source.  I am sure you are very familiar with GDPR legislation and do not need reminding of the importance of ensuring that Subject Access Requests must be dealt with in full accordance with the law.

I shall of course, await your considered response, but your email of 13 January 2023 clearly confirms that you either hold no information that relates to UK Parking Control Ltd request to the DVLA or another party or that you do not wish to provide this information.  Please note that a Subject Access  Request has already been issued to the DVLA to ascertain the date(s) along with which company or individual was responsible for accessing my driver details.  I understand a response for the DVLA is expected shortly.

In the meantime I have registered a complaint with the Information Commissioners Office for what appears to be a breach of Data Protection law and more specifically how UK Parking Control Ltd were able to access my driver details but have not provided any information that identifies the source(s) and date(s).

Additionally, following UK Parking Control Ltd suspension by the DVLA on the 22 March 2018, the landlord confirmed that as a direct result of this suspension any such agreement that may have been in place with regards to the site in question was cancelled at that time.  Can you please provide a copy of any such agreement that you believe was in force prior to the cancellation.

Regards,

XXXXXX

DPO responded - 16 Jan 2023

Good afternoon,

Thank you for your email.

Please be advised that you were not identified as the registered keeper of the vehicle and therefore your personal data was never obtained from the DVLA.

Your personal data was provided to us by yourself, when you submitted an appeal and identified yourself as the driver of the vehicle, in a letter dated 24th June 2018, which we previously provided to you within your subject access request.

We will be relaying the same to the Information Commissioners Office, if we are asked to add further comment on your case.

We can confirm that we have not been suspended by the DVLA.

We are not required to give you the requested agreement, as it does not form part of your subject access request/personal data.

Kind regards,

Data Protection Team