IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Parking Fine - Not even my car

Hi, I've received a parking fine letter which has my correct details, except the postcode is incorrect.  However the vehicle in the image and vehicle registration is not mine.  Having spoken with the parking firm they are refusing to take my word for it (no suprise there), instead quoting that they get their information from the DVLA and advised I call them.  I have since spoken to the DVLA who have confirmed that I'm not the registered owner of the vehicle verbally however I have to put in a written request to receive this information..

I wondered if anyone else had been in a similar situation and what the end resolution is. As quite honestly it is a waste of my time covering up for their failings.

Thank you
«1

Comments

  • Gr1pr
    Gr1pr Posts: 9,140 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 30 September 2024 at 2:44PM
    Which parking company. ?

    Sounds like an ANPR misread to me, my relative once received one from not so Smart Parking, he complained about it and the PCN was cancelled 

    Do put in that written request to the DVLA 
  • Bazarius
    Bazarius Posts: 142 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 30 September 2024 at 2:13PM
    The case between Vehicle Control Services Ltd v Robert Ferguson is one of the examples of a parking firms own systemic failings . They ended up being ordered to pay Mr Ferguson £1550 for breaches of the DPA 2018 and damages for distress under Protection from Harassment Act 1997. 

    It’s impossible for the dvla to provide the wrong information.  The information is entered into the parking firm’s own computer - a VQ4 request .  The VQ5 should return a “bad vehicle” which the company must re check it against the photos of the vehicle whether it is to be ignored or re submitted with the correct information. 

    I would  write to the parking company and tell them you have said it’s not your vehicle . And you will not enter into any further protracted communications with them .  Any more demands for payment will result a claim being made against them for misuse of your data , causing distress . 


  • Half_way
    Half_way Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 30 September 2024 at 2:40PM
    is this a  fine, penalty or parking charge notice?
    big difference between them.

    if its a private parking charge notice who issued it?

    Where is the location of the car park in the image?

    Is the vehicle pictured completely  different to yours, ie make model colour type?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • gray1st
    gray1st Posts: 7 Forumite
    Part of the Furniture First Post Combo Breaker
    edited 30 September 2024 at 4:13PM
    Hi,

    The original letter was from Smart Parking. It does state is a PCN on the letter

    The car park is actually a car park in our local town

    The photo is of the same Make of car (can't be sure of the model), in a different colour and different registration.

    Funnily enough, my details shouldn't even be with the DVLA as I presently don't own a car.  The V5 of the car I am using day to day is actually in my partners name.  What I do however find interesting is that I did receive a PCN from Smart Parking in August for the car I drive and paid on my personal card.. This is the only way i believe they can have my information.  Whether they are they legally allowed to store this information is questionable.
  • Le_Kirk
    Le_Kirk Posts: 24,744 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Parking companies are supposed to apply to the DVLA for each and every parking event.
  • Half_way
    Half_way Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The car park is actually a car park in our local town

    Who's car park is this/where is it?
    You should be going for the owner of the car par, angle of attack is unauthorised access processing and storage of personal data and the landowner/whoever took on smart parking is jointly and severally liable for the actions of its agents - in this case Smart parking

    I did receive a PCN from Smart Parking in August for the car I drive and paid on my personal card.

    put this (paying a parking charge notice) down to a mistake, nobody should pay a penny to Smart parking ( or any other PPC) if they issue a so-called parking charge notice
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Gr1pr
    Gr1pr Posts: 9,140 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 30 September 2024 at 5:55PM
    Go to the BPA AOS members list and look at the complaint link for not so Smart parking 

    Complain about the PCN with the reference number added, stating that you believe that they have unlawfully obtained and processed your data due to you not being the current registered keeper for any vehicle listed on the DVLA database so could not have followed the correct processes in sending you a spurious PCN, so a GDPR breach that you want investigated before you complain about it to the BPA AOS compliance team plus to the ICO as well , plus the DVLA because they appear to be in breach of the KADOE contract too
  • Potentially good news. Someone screwed up and broke data protection rules, i.e. you have a claim against them.
  • Umkomaas
    Umkomaas Posts: 43,493 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
    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 Street
  • Coupon-mad
    Coupon-mad Posts: 153,426 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have I misread? You said you PAID a fake PCN from Smart Parking last month?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.4K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.4K Work, Benefits & Business
  • 599.6K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.