Article 13 GDPR (Data Protection Act 2018)

I do mind you saying , because you are wrong and not turning off smart punctuation also makes your posts gobbledegook and hard to read for disabled people like me


here is what the PDF says

The Protection of Freedoms Act 2012 (PoFA)


PoFA came into force in England and Wales on 1 October 2012 and made a number of changes to the law on parking on private land. It bans vehicle immobilisation (wheelclamping) without lawful authority, and provides private landholders with additional powers to pursue the registered keeper of a vehicle for unpaid parking or trespass charges providing certain conditions, in Schedule 4 of the Act, are met. This is known as !!!8220;keeper liability!!!8221;.


The provisions in Schedule 4 are intended to apply only to private land in England and Wales. Public highways and parking places on public land provided or controlled by a local authority is excluded.
Any land which already has statutory controls on the parking of vehicles (such as byelaws applying to airports, ports and some railway station car parks) is also excluded.



Before PoFA a landholder would make a request to DVLA for details of the registered keeper but there was no need for a registered keeper either to say who was driving the vehicle or to accept liability.


Schedule 4 of the PoFA addresses this situation. It does not provide a route to claim parking or trespass charges which were not lawfully due in the first place.


One of the conditions for keeper liability is the parking or trespass company, using Automatic Number Plate Recognition (ANPR) systems, must issue the notice to keeper within 14 days of the alleged contravention.


Companies that issue windscreen notices to drivers can only apply for keeper information, if the parking charge remains unpaid, after 28 days. Companies have a further 28 days to contact the keeper.


If these timescale are not met, the keeper liability powers do not apply; however, the company can still pursue payment of the charge through means open to them prior to the introduction of POFA.


The government made it a condition of bringing Schedule 4 into force that an independent appeal service is established for motorists. All tickets issued under POFA in England and Wales are covered by the relevant ATAs independent appeal service.

if you think I am decoding the rubbish in your post above , you are mistaken

I have highlighted their relevant paragraph for ANPR systems in red above

the windscreen caveat is below it highlighted in blue

any ICO complaint will fail as they will see what we are seeing and saying , plus people like myself and CM have been advising people on this for 6 years ro more , especially since POFA2012 came in

learn the difference between KEEPER and DRIVER , like we have done , plus YES I have read that document on previous occasions, hence the cut and paste above, with the whole section included for clarity

ask the DVLA and the ICO , but I believe you have missed my point, even though I highlighted the relevant paragraphs , because you dont seem to know the difference between KEEPER and DRIVER

if EXCEL issued a true Notice To Driver on the windshield , like they USED to do , then you would be correct as the blue paragraph would be true , job done , I have seen those notices when Excel/VCS were BPA members , so back then you would have been correct

if they choose to use ANPR technology , and not issue an NTD on the windscreen , then the red paragraph becomes true, they get keeper details under reasonable cause in their KADOE contract , then they give that KEEPER the choice of either naming the driver or taking the pcn on themselves

if the KEEPER names the driver , they issue a new NTD by post to the driver , then the cycle starts again, because the driver deals with it and POFA2012 does not apply and the keeper is no longer liable under POFA2012 (I have seen those as well, when they were BPA members)

the excel/vcs myparkingcharge is not an official NTD , its a warning sc@m they dreamed up as a halfway house which fails the NTD tests according to the DVLA

perhaps when the bill by Sir Greg Knight becomes law, we may see legal documents provided by the government to use in each scenario and then the warning notices may become defunct as they wont apply in the government CoP (hopefully)

if we could get those myparkingcharge warnings banned , then it would be either an NTD on a windscreen or a postal notice to the keeper under reasonable cause asking them to disclose the driver, which some companies do follow correctly

so if you had a screen notice (to the DRIVER) , one that doesnt neet the DVLA definition of an NTD (WHICH THEY DONT) , then the default position for the DVLA is that no official NTD was served and they default to the postal notice to the keeper as reasonable cause and ask for the name of the DRIVER


if you can get the DVLA to admit that the notice you received was a notice to driver, an official notice to the driver by their own definition of what that notice should be and should contain, then you would be correct