6 tickets issued in 8 days - is there a Data Protection issue?

jordylass

I'll do this, but will it have any effect on Elite, if they haven't?

Umkomaas said:

I moved on the 13th and changed my V5/licence on the 14th, but they'd gotten my address from DVLA on the 13th, and used it for each ticket after that. 

The DVLA can take a little while to update the V5C to a new address, especially if you sent a written amendment by post. If you want to double-check that Elite accessed the DVLA database every time they issued a ticket, then follow the standard advice I give:

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail.

Umkomaas

jordylass said:

I'll do this, but will it have any effect on Elite, if they haven't?

Umkomaas said:

I moved on the 13th and changed my V5/licence on the 14th, but they'd gotten my address from DVLA on the 13th, and used it for each ticket after that. 

The DVLA can take a little while to update the V5C to a new address, especially if you sent a written amendment by post. If you want to double-check that Elite accessed the DVLA database every time they issued a ticket, then follow the standard advice I give:

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail.

If they are pursuing keeper liability under PoFA, for any NtK where they have not actually accessed your data from the DVLA, keeper liability cannot apply. 

prowla

You can amend the V5 online, which should be quicker.

Coupon-mad

Please prioritise getting the NTKs to appeal within the next week.  How will you do that? 

The new people 300 miles away are not going to rush to send on a dozen letters you've missed (NTKs plus reminders) plus any new ones if you get more. Never move and not get mail redirection for a few months!

You say money is tight (we get it, same here, in spades, and I sympathise) but failing to put post redirection in place was a false economy.

If you don't get these NTK refs to appeal, they will likely go to court.  You will get demands for £170 (each PCN) if you don't appeal them. That's a four figure court claim all because the mail was not redirected.

DO NOT PAY ELITE.  Be clear on that!

Do what I said but obviously there was a typo, it's GDPR. My fat fingers!  I've edited it now.

They will have got the DVLA data 5 times. That's a rabbit hole and not your priority.

We can help you pay NOTHING but you need the PCN refs at least.

Did Elite list the PCN refs so you can log in and see them all?

jordylass

When they emailed back they gave me all the details of the PCNs. I can appeal these online. 

The new people said they haven't had any post for me 🤔

Coupon-mad

So the new people lied because they'd binned the NTKs.  Unless your car is registered to an even older address?

Have you dug out the logbook and checked, and changed it now? What address was showing on it?

Send Elite what I advised last night, first, to secure the fact the windscreen PCN is cancelled, so that one is out of your hair.

THEN email a SAR to the DPO of Elite, asking for copies of all PCNs / Notices to Keeper and also: how often did Elite obtain your DVLA data (dates and records showing this are required). And ask the DPO to erase the old address immediately and note that the correct postal address for you is FULL NEW ADDRESS.

Do those two emails today.

Then when you appeal (NOT UNTIL THE FIRST WEEK OF DECEMBER BECAUSE IDEALLY YOU WANT THE SAR REPLY TO BE ON ITS WAY), do it as registered keeper, as the NEWBIES thread shows you.

  

jordylass

Thanks, will do that. 

Car was registered to my old address and now changed to new. I got my new V5 yesterday. 

Coupon-mad

jordylass said:

Thanks, will do that. 

Car was registered to my old address and now changed to new. I got my new V5 yesterday. 

So the 'old address' residents are lying to you, and are totally unreliable to handle any of your post at all.

This is serious because the perfect storm of your omission to set up postal redirection from the week you moved , plus their inaction and unreliability to help, could get you a four figure CCJ.

Unless you do exactly what I've said.

Two things today.

Appeals: NOT QUITE YET. Not till December.

What's the first date of issue of the first one?  Not the parking day. The date of issue (online).

jordylass

The only date online is the date and time of contravention.13/11

I'm at work now until 7 but will do the appeals this evening

Johnersh

If the PPC have failed to provide a permit when you have asked for one, then it seems to me that they have failed in their obligation under (a) the contract with the freeholder and (b) to the defendant as the party parking as s/he is a resident and entitled to park and the PCN arises from their failure to adequately or appropriately operate a permit scheme. It is an impossible contract to perform if a resident is required to display a permit that they have failed to issue.