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Parked in a disabled Bay, no ticket

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  • GrannyKate
    GrannyKate Posts: 1,750 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    As all complainants have a right to take their complaint to the Ombudsman within 12 months I am quite sure they should not destroy their records after 3 months.  The DVLA is required to follow https://www.ombudsman.org.uk/organisations-we-investigate/complaint-standards/uk-central-government-complaint-standards.  Public record retention has been the subject of mandatory regulations and legislation for many years.  
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  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    At the moment, every single PCN issued by all operators has at least one or more PPSCoP breaches in it. Every breach of the PPSCoP means that the operator is therefore also in breach of the KADOE contract. Every breach of the KADOE contract should be formally reported to the DVLA for investigation.

    On another forum, I am advising recipients to report the PPSCoP/KADOE breaches to the DVLA. If enough complaints evidencing these breaches are received, they will eventually be obliged to do something about it and the record of these complaints should be come available for future FoI requests.

    it just requires directing every recipient of a PCN who posts here to check for the breaches in their NtD/NtK/NtH. The most common breach is section 8.4.1(a) where the operator incorrectly says that the recipient has 28 days from the issue date of the NtK to appeal, which is in direct contradiction to section 8.1.2(e) which clearly states that the 28 day period begins from the date of “receipt”, not “issue”.

    Not only is that a PPSCoP breach, which means that the operator has not complied with the KADOE contract, it is also a valid appeal point which means that the operator has issued the PCN unfairly. Just needs the POPLA assessors to be led by the nose to the problem. I won’t even bother with the IAS.

    Anyway, there are PPSCoP breaches of one kind or another in every PCN issued that should be reported to the DVLA. As the data controller, they are obliged to investigate any breach of KADOE and to report back. They ned to be forced into taking action, even if it means denting their income stream by suspending operators from accessing the data.
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