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Ticketed in space owned by me
Comments
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No need for a whitelist either, what happens if you are in a courtesy car from a hire company as your main vehicle is out of use, and the hire vehicle gets a parking charge notice sent to the hire company?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"3 -
Indeed. Plus we have multiple cars using the space.Half_way said:No need for a whitelist either, what happens if you are in a courtesy car from a hire company as your main vehicle is out of use, and the hire vehicle gets a parking charge notice sent to the hire company?
The parking company cancelled the ticket and said they would stop monitoring the space. The managing agent seems to be out of step with this!2 -
Response just in from the DVLA.
I am going to respond to them explaining that I do not accept "reasonable cause..." as an acceptable justification, since the parking company were informed by me that it was my land. Comments welcome.Thank you for your email of 2nd November about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register.
The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of motorists is respected while enabling those who may have suffered loss or damage to seek redress.
I have investigated this matter with Unity (Services) Limited on behalf of P4 Parking (UK) Ltd, who made the request to the DVLA for the registered keeper details for vehicle registration number <MYREG>. I have had sight of their supporting evidence to show that they had reasonable cause to make their request. I have also been advised that the parking charge notice has been cancelled at the request of P4 Parking(UK) Ltd, on the instructions of the <MANAGING AGENT> Limited.
This is a matter between you and the Unity (Services) Limited as DVLA don’t regulate the industry. You should appeal direct to the operator and make them aware that the land belongs to you.
The company in question, Unity (Services) Limited, are a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The BPA’s code of practice is published on its website at http://www.britishparking.co.uk under the heading “Approved Operators Scheme”. If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA via email at https://portal.britishparking.co.uk/compliance/LogComplaint or by post at Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AH.
I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure for your reference:
Yours Sincerely
<PERSON AT DVLA>"
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The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met.As the parking operators link into the DVLA is electronic and instantaneous how can they lie and say the above.Just being a member of the BPA, and or the threat suspending them after the event obviously is not a safeguard at all.The KADOE system is designed for easy bulk sharing of the data base with any old bod that pays to an old boys club. There are no "reasonable cause" checks on a day to day or per incident basis and the DVLA go along with anything the BPA/PPC fobs them off with.These jokers should be pursued further to teach them a lesson with the BPA and the DPO in tandem with a complaint to the DVLA though I suspect it will all come to nothing like always.Interesting that the DVLA threat of prosecution here obviously doesn't really mean a thing, though woe betide any motorist that steps over their line of sight:https://kadoe.co.uk/dvlaimportantinfo/
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But Unity (Services) Limited (aka TNC Collections, and other titles!) are just a debt collection agency. They do not manage the car park, you have/had no contract with them. They share no directors, nor any transparent DNA with P4Parking **. Why are the DVLA giving any credence to a third party intercession? Why are they not dealing directly with P4P? Why are P4P hiding behind Unity? Why are the DVLA brushing this under the carpet simply because Unity are 'BPA members'? What has that to do with the price of fish? Unity are total strangers to the whole situation.
This is a matter between you and the Unity (Services) Limited as DVLA don’t regulate the industry. You should appeal direct to the operator and make them aware that the land belongs to you.
The company in question, Unity (Services) Limited, are a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry.
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street1 -
there is such a thing as reasonable cause with gdpr/data protection, however if it can be shown that no checks were carried out to see if they were entitled to access, process and store personal data in relation to pursuing a parking charge notice then this makes the whole reasonable cause argument a non starterFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"2 -
" I have had sight of their supporting evidence to show that they had reasonable cause to make their request."
I wonder why DVLA have not expanded the above statement to include what the magic evidence is.2 -
I’m going to reply explaining that P4P were informed by myself early on (ie before the data request) that it was my space / land, so there wasn’t reasonable cause to request the data.
I suppose the issue with that is that the DVLA are washing their hands of it to some degree.1 -
To the absolute degree, not some. They do it all the time. You must ask to see their 'evidence' (or at least an explanation of it), whose evidence (P4P or Unity's) and ask why they are not dealing directly with P4P rather than a total stranger to any contract under which P4P purport to have 'reasonable cause' to acquire your data from the DVLA?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street2
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