NTK sent few days after window ticket.

Dane19

Hi All

We were delivering in an estate where parking is for permit holders only managed by GBP management. The parking attendant issued a ticket in front of us despite telling him we are only delivering and he just said you can appeal it.

Already complained about him to GBP , showed evidence of delivery but they still perused and now we just past the defence statement stage. After requesting the sars I noticed that they sent the ntk 3 days after the windscreen ticket. So my question is should I make a counter claim against them as they have unlawfully accessed personal data before 28 days or is it going to be a waste of time and money. I have already emailed dvla to investigate the matter.

The window ticket is not just informing the driver like I read in another forum where dvla said some companies give a window ticket to inform the driver what will happen next etc, this is just like the ntk with the charges and full details.

Also should I write to DCBLegal to inform them their client has breached ?

Coupon-mad

You cannot counterclaim if the case is already defended. Let it pan out. You can mention the issue at Mediation, as long as you don't say who was driving of course.

Certainly don't waste your time contacting DCB Legal, who won't give a flying fig. Let it carry on. They'll discontinue rather than pay the hearing fee.

Dane19

https://forums.moneysavingexpert.com/discussion/comment/81975750#Comment_81975750

Is it worth taking them to court over it is what I’m asking. Be the victimiser for once🙄

Umkomaas

When was the parking event?

Coupon-mad

"Is it worth taking them to court over it is what I’m asking. Be the victimiser for once🙄"

As I said, if you have already defended the case, you've missed the boat to counterclaim.

Dane19

https://forums.moneysavingexpert.com/discussion/comment/81976290#Comment_81976290

https://forums.moneysavingexpert.com/discussion/comment/81976290#Comment_81976290

March 2025

Dane19

https://forums.moneysavingexpert.com/discussion/comment/81976337#Comment_81976337

I understood that i was meaning a separate case, suing them or something.

Coupon-mad

Yes of course you can (anyone can sue anyone) but that could be done at any time. You'd need grounds - a cause of action for which the remedy is a money claim. You can't do it just because you spent time defending.

Should I make a counter claim against them as they have unlawfully accessed personal data before 28 days or is it going to be a waste of time and money.

Possibly a waste of time and money. A judge may decide it was an error and that they could have got your data a month later anyway. Therefore, you suffered no detriment or loss.

Dane19

IMG_0974.jpeg

I received this from dvla, The ticket was not on the placed windscreen because he handed it so I don’t understand what obstruction they are talking about.

So does this means if they don’t acquire a photo of the ticket on the car then POFA doesn't apply to them.

Coupon-mad

The DVLA are plainly wrong. Tell them so (explain the below statute like they are stupid!) and escalate the complaint to the next stage.

The PoFA Schedule 4 sets out the two ways and timelines for serving a NTK by post. Para 8 or para 9. Para 8 applies here. Para 9 does not apply because a PCN was given to the driver. There is nothing in Schedule 4 to require a photo of a PCN on the windscreen and if they can't get one (but did serve the NTD on the day) they MUST wait until day 29 before using KADOE and cannot somehow shift straight to para 9 (immediate DVLA data and NTK by post). Given means given!

There is no lawful excuse to get DVLA data early where a Notice to Driver was given (handed) to the driver.