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Heads up on Parking Collection Service (Debt Recovery Plus) - DVLA Keeper Data

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Hi all,

I've just come across a case where I was sent a Notice to Keeper (NTK) by Parking Collection Services (Acting of behalf of AM Parking) but on sending a SAR to the DVLA it turns out no request for keeper data was made, I can only assume they've used my address from an appeal or other correspondence somewhere in the pathway (Either AM or PCS). The case was won, but I'm letting all know that a check on the validity of the NTK is a good idea as I'm not sure of the validity of a Notice to Keeper where the Keeper Details have been gleamed from a non standard route.

Kind regards,

SII
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Comments

  • Umkomaas
    Umkomaas Posts: 43,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 June at 10:51AM
    Hi all,

    I've just come across a case where I was sent a Notice to Keeper (NTK) by Parking Collection Services (Acting of behalf of AM Parking) but on sending a SAR to the DVLA it turns out no request for keeper data was made, I can only assume they've used my address from an appeal or other correspondence somewhere in the pathway (Either AM or PCS). The case was won, but I'm letting all know that a check on the validity of the NTK is a good idea as I'm not sure of the validity of a Notice to Keeper where the Keeper Details have been gleamed from a non standard route.

    Kind regards,

    SII
    Keeper liability does not apply. Para 11(1) relates. 

    11(1)The third condition is that—

    (a)the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper’s details in relation to the period of parking to which the unpaid parking charges relate;

    (b)the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);

    (c)the information sought by the application is provided by the Secretary of State** to the applicant.

    ** (via the DVLA). 


    Does the NtK infer keeper liability?

    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
  • Umkomaas said:
    Hi all,

    I've just come across a case where I was sent a Notice to Keeper (NTK) by Parking Collection Services (Acting of behalf of AM Parking) but on sending a SAR to the DVLA it turns out no request for keeper data was made, I can only assume they've used my address from an appeal or other correspondence somewhere in the pathway (Either AM or PCS). The case was won, but I'm letting all know that a check on the validity of the NTK is a good idea as I'm not sure of the validity of a Notice to Keeper where the Keeper Details have been gleamed from a non standard route.

    Kind regards,

    SII
    Keeper liability does not apply. Para 11(1) relates. 

    11(1)The third condition is that—

    (a)the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper’s details in relation to the period of parking to which the unpaid parking charges relate;

    (b)the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);

    (c)the information sought by the application is provided by the Secretary of State** to the applicant.

    ** (via the DVLA). 


    Does the NtK infer keeper liability?

    Thank you Umkomaas.

    It's clearly Non-POFA, but yes I believe keeper liability is inferred.

    "If we do not receive the name and address of the driver within 28 days
    beginning on the day after this notice is given then if the charge is still
    outstanding we will pass the case to a debt collector where further costs may
    be added."

    also a bare faced bit of BS.

    "We are writing on behalf of our client in relation to an unpaid parking charge.
    We have obtained your details from DVLA under a “reasonable cause” request
    as you were the registered keeper of the vehicle specified at the time of the
    parking incident shown"

  • Umkomaas
    Umkomaas Posts: 43,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How did you word your request to the DVLA when asking if anyone had accessed your data?
    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
  • Umkomaas said:
    How did you word your request to the DVLA when asking if anyone had accessed your data?
    Please provide all held data relating to the above vehicle, including the transfer of keeper data to third parties, for the period 9th August 2024 to the 6th June 2025.

    They knew what I meant as they referenced a previous (successful) SAR.
  • Coupon-mad
    Coupon-mad Posts: 151,649 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Was there a windscreen PCN and the person appealed that, supplying their name and address that way?

    Or is the vehicle leased and so they got the data from the 'alternative' lease firm database thingy?

    Please show the NTK (both sides) as I don't think I have this one in my NTK pictures thread.
    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
  • NTK as embedded!.

    The funny thing although the address might have come from the appeal, I (as the Keeper) would have abbreviated my name.  The NTK gave the full (including middle) name, so official. Can't help thinking that they've reused an old NTK search. I've had dealings with them before through Excel Parking (Amongst others).



  • and the posterior.......


  • Castle
    Castle Posts: 4,754 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Could you post up the back of the NTK please.
  • Castle said:
    Could you post up the back of the NTK please.
    Please see the post above :)
  • Coupon-mad
    Coupon-mad Posts: 151,649 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 June at 7:47PM


    Thanks for that.

    One of PCS' scam ones demanding £120 on the NTK, even though this isn't DRA stage.

    But of course PCS are BPA favourites Debt Recovery Plus, and that NTK reckons they are 'operating in accordance with the BPA CoP' so that's all alright then!

     :wink:

    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
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