Scotland DCBL advice

Ziggy1893

Just before Christmas I received a letter from DCBL looking to collect on a debt of £170 for a parking charge. The license plate was for a vehicle I’ve never owned and has never been registered to my address. I tried calling this company and gave up after being on hold for an hour and a half. I then called the DVLA who confirmed that this vehicle wasn’t registered to myself or my address and to ignore the letters.

 I’ve now received a final notice of debt recovery alongside a second notice of debt recovery on a different vehicle which did belong to me but have no idea if genuine or not as the date of the infraction was over two years ago.

what would be the best way to approach this? The whole ordeal is pretty stressful and I have no experience with this.

Umkomaas

Just ignore anything from DCB Limited, especially in Scotland. That's it, job done.

LDast

You can sue the unregulated private parking company for breach of your GDPR. 

Article 5(1)(d) of the UK GDPR requires data controllers to ensure that personal data is accurate and, where necessary, kept up to date. If a data controller, such as a private parking company, unlawfully obtains a vehicle keeper's data from the DVLA and processes it inaccurately—such as issuing an invoice based on incorrect information about a breach of an alleged contract with the landowner (or their agent)—this would constitute a breach of the UK GDPR. Such processing would be both inaccurate and unlawful under Article 5(1)(d).

Precedents for claiming damages for unlawful data processing are found in cases such as Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333, where the court awarded compensation for distress caused by inaccurate personal data processing under the Data Protection Act 1998. Although this case pre-dates the UK GDPR, its principles remain applicable under the updated UK GDPR and Data Protection Act 2018. Under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018, individuals have the right to compensation for both material and non-material damage resulting from a breach of data protection laws.

The case of Vidal-Hall v Google Inc [2015] EWCA Civ 311 confirmed that claimants could recover compensation for distress alone under the Data Protection Act 1998. This principle is now explicitly recognised under the UK GDPR, meaning that individuals can claim compensation even if they have not suffered financial loss, as long as distress is demonstrable.

Furthermore, the case of Tetragon Financial Group Limited v Revenue and Customs Commissioners [2020] UKUT 0305 (TCC) underlines the importance of accurate data handling by public bodies. This principle applies to the DVLA, a public body, which has a responsibility to ensure that the data it shares with third parties—such as private parking companies—is used lawfully and accurately. If a private parking company unlawfully obtained and inaccurately processed your data, you may have grounds to seek compensation.

To seek compensation for the unlawful processing of your personal data, you should provide a pre-action notice to the data controller (the private parking company). While the standard pre-action protocol typically allows 14 days' notice, providing 21 days demonstrates goodwill. Your letter should clearly state your intention to claim damages of £300 for distress under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018, unless the company confirms in writing within 14 days that all references to the alleged debt have been deleted. Mark this letter as a ‘Letter Before County Court Proceedings’.

If the data controller does not comply, you can file your claim as a litigant-in-person under Part 27 proceedings in the County Court, commonly referred to as the Small Claims Court. Each party is generally responsible for their own legal costs, regardless of the outcome. The claim can be submitted online through the Money Claim Online service (moneyclaimonline.gov.uk) for a filing fee of £35. If successful, you may recover your court fees, bringing the total claim to £335.

Ziggy1893

Umkomaas said:

Just ignore anything from DCB Limited, especially in Scotland. That's it, job done.

Hi, really appreciate your response, however, I have seen posts on this site and in forums elsewhere that people have been taken to court by DCB. Is it really advised to continue to ignore these letters??

Fruitcake

DCB Limited are powerless and can safely be ignored. They cannot take anyone to court anywhere in the UK.

There is no keeper liability in Scotland (yet) so as long as the driver's identity is never revealed, the keeper is untouchable.
Do however be aware that thanks to your former Dear Leader, keeper liability is likely to be introduced later this year.

The keeper should always complain to the landowner and the keeper's MP without revealing the driver's identity. This is the only way the unregulated private parking industry will ever become regulated.

Please also sign the petition in the post below, and get all your friends and family to do the same. 

Parked in a disabled Bay, no ticket - Page 3 — MoneySavingExpert Forum

Ziggy1893

LDast said:

You can sue the unregulated private parking company for breach of your GDPR. 

Article 5(1)(d) of the UK GDPR requires data controllers to ensure that personal data is accurate and, where necessary, kept up to date. If a data controller, such as a private parking company, unlawfully obtains a vehicle keeper's data from the DVLA and processes it inaccurately—such as issuing an invoice based on incorrect information about a breach of an alleged contract with the landowner (or their agent)—this would constitute a breach of the UK GDPR. Such processing would be both inaccurate and unlawful under Article 5(1)(d).

Precedents for claiming damages for unlawful data processing are found in cases such as Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333, where the court awarded compensation for distress caused by inaccurate personal data processing under the Data Protection Act 1998. Although this case pre-dates the UK GDPR, its principles remain applicable under the updated UK GDPR and Data Protection Act 2018. Under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018, individuals have the right to compensation for both material and non-material damage resulting from a breach of data protection laws.

The case of Vidal-Hall v Google Inc [2015] EWCA Civ 311 confirmed that claimants could recover compensation for distress alone under the Data Protection Act 1998. This principle is now explicitly recognised under the UK GDPR, meaning that individuals can claim compensation even if they have not suffered financial loss, as long as distress is demonstrable.

Furthermore, the case of Tetragon Financial Group Limited v Revenue and Customs Commissioners [2020] UKUT 0305 (TCC) underlines the importance of accurate data handling by public bodies. This principle applies to the DVLA, a public body, which has a responsibility to ensure that the data it shares with third parties—such as private parking companies—is used lawfully and accurately. If a private parking company unlawfully obtained and inaccurately processed your data, you may have grounds to seek compensation.

To seek compensation for the unlawful processing of your personal data, you should provide a pre-action notice to the data controller (the private parking company). While the standard pre-action protocol typically allows 14 days' notice, providing 21 days demonstrates goodwill. Your letter should clearly state your intention to claim damages of £300 for distress under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018, unless the company confirms in writing within 14 days that all references to the alleged debt have been deleted. Mark this letter as a ‘Letter Before County Court Proceedings’.

If the data controller does not comply, you can file your claim as a litigant-in-person under Part 27 proceedings in the County Court, commonly referred to as the Small Claims Court. Each party is generally responsible for their own legal costs, regardless of the outcome. The claim can be submitted online through the Money Claim Online service  for a filing fee of £35. If successful, you may recover your court fees, bringing the total claim to £335.

Hello,

this is very interesting advise and one that I’m keen in pursuing. Can I ask if this breach in GDPR is relevant only to the “debt” for the vehicle that isn’t registered to myself or in both cases?

Umkomaas

If the data controller does not comply, you can file your claim as a litigant-in-person under Part 27 proceedings in the County Court, commonly referred to as the Small Claims Court. Each party is generally responsible for their own legal costs, regardless of the outcome. The claim can be submitted online through the Money Claim Online service  for a filing fee of £35. If successful, you may recover your court fees, bringing the total claim to £335.

The County Court (Small Claims Court) and MCOL only operate in England and Wales. Different system in Scotland (about which I have next to zero understanding), so the above would need to be pursued via the Scotland system. The CAB (Scotland) might be able to advise. 

Fruitcake

The DPA/GDPR breach is for the parking company unlawfully obtaining and processing the keeper's data. The same applies to the DVLA because they sold the personal data without checking the requesting company had aa right or reasonable cause to do so.

With a DPA/GDPR breach, you do not have to prove a financial loss. The going rate awarded seems to be about £250 per breach.

You should include this data breach in your landowner and MP complaints.

PS In future, never, ever 'phone a parking company or any of their agents. If they ever call you, record it for evidence.

Coupon-mad

Ziggy1893 said:

Umkomaas said:

Just ignore anything from DCB Limited, especially in Scotland. That's it, job done.

Hi, really appreciate your response, however, I have seen posts on this site and in forums elsewhere that people have been taken to court by DCB. 

Not in Scotland you haven't!

Just search the forum for this:

Scotland parking new law 2025 keeper

Read half a dozen of the results. No idea why you are taking any steps at all; I thought drivers in Scotland knew this? You are untouchable for single PCN cases like these.

Maybe that vehicle was a car you hired? Courtesy car? Doesn't matter a jot though. OF COURSE YOU COMPLETELY IGNORE THEM.

Nothing has changed yet.  Nothing will apply retrospectively.

But you and drivers you know, need to be aware on private land in future that you will have keeper liability in a year or so, and a statutory Code will apply across the UK.