Minster Baywatch - Thruscross Reservoir - Letter before claim

northernbeardfactory

Here’s what I wrote (and attached the bylaws for Yorkshire Water too). I sent the same thing to the customer complaints team.

KADOE support team

I want to bring your attention that a company by the name of Bransby Wilson (sometimes trading as Minster Baywatch) is using DVLA's KADOE system to obtain keeper information illegally.

Schedule 4 of The Protection of Freedoms Act (PoFA) allows vehicle keepers to be held liable for unpaid parking charges should the identity of the driver not be disclosed and they meet certain conditions. However, the keeper liability only applies to ‘relevant land’, which excludes highways, parking places operated by a traffic authority, or where parking is covered by statutory control.

In other words, on land covered by byelaws, keeper liability under the Protection of Freedoms Act is not applicable.

I have attached a copy of these bylaws at Yorkshire Water locations for your records. Under bylaw conditions, Bransby Wilson / Minster Baywatch and its subsidiary groups should not be able to use DVLA services to find out keeper information under PoFA.

Please act to

1) Have PCN invoice xxxxxxxxx issued by Minster Baywatch cancelled due to breach of GDPR through use of KADOE for non-PoFA compliant purposes.

2) To stop Bransby Wilson and Minster Baywatch from accessing KADOE entirely to enforce these illegal GDPR requests.

northernbeardfactory

I’ve also informed Yorkshire Water that they need to provide a named legal representative for a future court date and dates of unavailability. Copied CEO again.

Umkomaas

But they are allowed to access registered keeper details in order to request the RK for the identity of the driver. What they can't do is hold the RK liable - but their NtK is stating they can, and are doing so. That's the key issue!  

Expect a template barking-up-the-wrong-tree fob-off. Sorry.

doubledotcom

Also "...Bransby Wilson (sometimes trading as Minster Baywatch)..." Is WRONG!!!!! Bransby Wilson and Minster Baywatch are two separate legal entities. Neither is a trading name of the other.

That, together with your misunderstanding of why these companies ARE able to request DVLA Keeper data under the "reasonable cause" criteria, are going to get your complaint fobbed off and correctly so.

If you are going to use the template to make a formal DVLA complaint, then have another read of it and see the wording about the fact that the complaint is not about the fact they have made a request for the Keepers data but the subsequent unlawful use of that data by issuing PCNs that claim Keeper liability, when there can not be any.

Car1980

Don't worry. The DVLA complaint was just a side project. Doesn't affect the nonsense claim for money.

DW190

northernbeardfactory said:

I’ve also informed Yorkshire Water that they need to provide a named legal representative for a future court date and dates of unavailability. Copied CEO again.

When you phone Yorkshire Water, do they record the calls?  If they do, then a Subject Access Request would prvide copies of the recorded calls in case needed later down the line.

northernbeardfactory

doubledotcom said:

Also "...Bransby Wilson (sometimes trading as Minster Baywatch)..." Is WRONG!!!!! Bransby Wilson and Minster Baywatch are two separate legal entities. Neither is a trading name of the other.

That, together with your misunderstanding of why these companies ARE able to request DVLA Keeper data under the "reasonable cause" criteria, are going to get your complaint fobbed off and correctly so.

If you are going to use the template to make a formal DVLA complaint, then have another read of it and see the wording about the fact that the complaint is not about the fact they have made a request for the Keepers data but the subsequent unlawful use of that data by issuing PCNs that claim Keeper liability, when there can not be any.

Fair feedback, this is my first endeavor of this kind (why I asked for a templated complaint). Not to worry, this was just a side quest...

northernbeardfactory

Subject access request to Yorkshire Water done also. I've asked for call recording, and transcript of the call and any notes placed on my account subsequently.

northernbeardfactory

Update

I have received confirmation from Yorkshire Water that they're going to get me either a call recording or a transcript of their advisor promising me to have the invoice from Minster Baywatch cancelled.

Their CEO complaints team haven't commented on my request for a legal representative name for a future court date.

The DVLA complaints and KADOE team didn't just respond with a "get lost" as expected and requested some more information. In my response I made it clearer what I was complaining about. Thanks to those that put me straight.

This is a right pain isn't it?

northernbeardfactory

I just had a call form Yorkshire Water's CEO office, sounding a bit worried, and they've referred it to their legal team for comment. I said again that I'm being sued by one of their contractors and need to know who will represent Yorkshire Water in court. He did say he wanted to get the issue overturned for me, and I did check that this call was being recorded, which it was...