MET Parking Services I have just seen one of their PCNs as they call them, or Parking Charge Notice as it says at the top of the "Important Legal Notice"-funny, I have never heard of an invoice called that before.
This was sent out as a result of a car overstaying the "Free Stay Period" of
one hour by 20 minutes. The fine is £100, or £50 if paid within 14 days. Does
seem exorbitant for a 20 minute overstay-especially as the driver bought a meal when he was there. I use meal in its widest possible context as it was
in a McDonalds drive thru carpark.
I know that one cannot use the wording "Fixed Penalty Notice" as a private
contractor, but is PCN similarly earmarked for the use of Councils only?
The DVLA apparently have a Code of Practice when supplying drivers details
to commercial companies -here are some of them-
Vehicle keepers must be contacted by letter and should not be approached in their homes in respect of the enforcement of claims (other than for the service of notices and court papers) until a Court judgement has been secured.
Terms of Supply
4.1. Information will be disclosed on condition that it relates to, and will be used only in connection with, an enquiry relating to the identification of a vehicle keeper for a parking contravention/trespass on private property.
NO OTHER USE IS PERMITTED.
4.2. The principles of the Data Protection Act 1998 must always be adhered to when such information is disclosed.
4.3. Nothing in this Code shall be construed as being in any way binding by way of a contract or otherwise, to supply all or any data to the enquirer. Nonetheless, DVLA will not normally withhold data unless the enquirer fails to comply with the terms of the Data Protection Act.
4.4. The information provided is the property of DVLA and must not be duplicated or held for longer than is necessary.
Use of Data
6.1. The enquirer must not disclose any Data to a third party other than in respect of the institution of legal proceedings. However, if the enquirer intends to use a third party to process data on their behalf, these Terms will apply to the third party and the Data may only be used for the aforementioned purpose. The enquirer will be held liable for any breach of these Terms by the third party. DVLA will not be held responsible for any problem arising between the enquirer and any such third party.
Not so sure that DVLA can opt out of its responsibilities on its own say so.
For anyone interested at this url-http://www.landor.co.uk/parkingreview/images/bill2.pdf
if you look at the section in pink headed "Things to avoid......."
no 4 the registered keeper /owner of the vehicle is not legally liable
Last edited by lookinforinfo; 12th January 2008 at 20:05.
Reason: additional info.
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