Parking on a white line?

flyer

I think what I'm trying to say is how do I appeal a PCN I have never received?

Coupon-mad

The company received a Final Reminder and no NTH so they cannot be held liable.

Or is the company the owner? Keeper.

flyer

Coupon-mad said:

The company received a Final Reminder and no NTH so they cannot be held liable.

Or is the company the owner? Keeper.

Coupon-mad said:

The company received a Final Reminder and no NTH so they cannot be held liable.

Or is the company the owner? Keeper.

The company is the owner/keeper

Coupon-mad

OK - sorry - I take it back that this is a NTH case because no hirer has been nominated (I mistakenly thought the vehicle was leased and the lease firm had named your company).

OK so POPLA appeal by the company using the usual stuff provided for you in the NEWBIES thread for POPLA stage, starting with no keeper liability because no NTK was sent, only a reminder, as LDast said:

flyer said:

Coupon-mad said:

The company appeals.

On what grounds?

On the grounds that a company cannot be the driver. Only the driver is liable unless the NtK is fully compliant with all the requirements of PoFA. You, on behalf of the company, are appealing and explaining that the company cannot have been the driver. It is the operators burden to prove who was driving and no assumptions or inferences can be made.

Coupon-mad

But first I'd email the DVLA as the company keeper and ask 'when did notorious ex-clampers Premier Park get our data please?

I'm just wondering that date and whether it ties in with the so-called NTK that never arrived.

flyer

Coupon-mad said:

But first I'd email the DVLA as the company keeper and ask 'when did notorious ex-clampers Premier Park get our data please?

I'm just wondering that date and whether it ties in with the so-called NTK that never arrived.

I've emailed them and, surprisingly, they emailed back after just 2 hours asking for further info about the company so hopefully, I'll get a response Monday.

Coupon-mad

Make sure they don't ask for a fee. You don't have to pay if an entity is merely asking about their own data.

flyer

This is the reply I got. When I asked WHEN did they request the info, they replied saying I have to fill a form V888 and POST it back to them!

Thank you for your enquiry.

 

Information about registered keepers of vehicles can be released by the DVLA under the provisions of the Road Vehicles (Registration and Licensing) Regulations 2002. This legislation allows vehicle keeper details to be disclosed to third parties who can demonstrate that they have a reasonable cause to receive it. Reasonable cause is not defined in legislation but the Government’s policy is that it should relate to the vehicle or its use, following incidents where there may be liability on the part of the driver. Guidance on what constitutes reasonable cause is published online at www.gov.uk/request-information-from-dvla.

 

Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I trust you will appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable. Disclosure in these circumstances does not breach the Data Protection laws and the Information Commissioner’s Office is fully aware that the data held on the DVLA vehicle database is released in this way.

 

The DVLA cannot regulate directly the manner in which a parking management company is operated. Therefore, it has no influence over the scale of charges, the length of time motorists are allowed to park or the hours the company operates parking conditions for. These are matters between the landowner and the company employed to manage the car park.

 

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it's not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private car park enforcement companies. The DVLA can't regulate any aspect of a company’s business. Any representations should be made to the landowner or his agent. DVLA releases information on the basis that reasonable cause is demonstrated.

 

I trust this is of assistance to you.

 

Coupon-mad

Dear xxxxx

No, that 'BAU' template dross boilerplate fob-off reply isn't useful but you know that.  Stop using it. The DVLA should be ashamed of enabling a rogue industry and being far too close to the trade bodies.

But in other news, I don't have to complete a V888 to obtain my own data under SAR rights (free of charge under UKGDPR)

Kindly try again.  Want a complaint going to the DFT and MHCLG about you?  Stop churning out template 'nothing to see here' scam-supporting drivel and please tell me when a private parking firm obtained my data and the name of the exact entity which harvested it.

Yours faithfully

flyer

Coupon-mad said:

But first I'd email the DVLA as the company keeper and ask 'when did notorious ex-clampers Premier Park get our data please?

I'm just wondering that date and whether it ties in with the so-called NTK that never arrived.

DVLA have responded. 
I can confirm that on the 01/09/2024 DVLA received an electronic request for the registered keeper details for vehicle registration number FGxxxxD for a breach of the terms & conditions of a private car park for a contravention that occurred on 31st August 2024