After some advice

[barney2]

Husband got a parking ticket in private car park today. When i read the ticket it said that if he didn't pay they would obtain details from dvla and proceed with court action. Can they get his details? how do they get around data protection? Does it say somewhere on log book that we give permission for them to share info when requested. Sorry if its a stupid question but im new to the whole data protection business.

[adamna]

They can get it from dvla for £2.50, or less if they are 'bulk buyers' and lots of people don't like it.

However if you read the stickys here on ppc's you will see that you don't need to pay. Have a look around.

[Barnsley Boy]

Yes, they can get details from DVLA. This is a money spinner for the DVLA, they get £2.50 a pop for releasing Registered Keeper details to the Private Parking Companies. The DVLA justify this release of otherwise confidential data on the grounds of "reasonable cause". It is a scandal but recent information, released under the Freedom of Information Act has revealed that DVLA has earned some £29M from these fees since this scam started. This does sort of indicate that this heinous practice won't end anytime soon.

The good news is that these scammers are easily dealt with by either ignoring or using the template letters from this forum.

Some Background:

You have not committed any offence and you’ve been "charged" by a private company whose notices have no status unless a case is brought at the expense of the company in a civil court. I would not recommend getting involved in any so-called "appeals procedure". The PPCs simply view this as an evidence gathering process, it is usually a sham, lacking any semblance of independence or objectivity.

The "charge" is alleged under contract law. Despite what they may call it, what you have is an "invoice" (a decidedly dodgy one at that) from a private parking company who allege you have breached their terms and conditions. The notice is not backed up by statute, unlike those issued by councils and police.
The “notice” is virtually unenforceable and the truth is that the Parking Company will probably not even try to enforce it by legal action. Instead they will use debt collectors who will threaten references to credit agencies, personal visits by bailiffs and clamping of cars / removal of property. These threats have no foundation. The reality is they would need to bring civil litigation in the county court against the driver and prove a breach of prominently displayed terms and conditions. They will go to the DVLA to identify the registered keeper of the vehicle but you have no responsibility to tell them who was driving (even if it was you) and enforcement can only take place against the driver. These cases are largely dealt with by threats and bluster rather than any real action on the basis that most people pay up for a quiet life.

I would not recommend giving the PPC your address. It will cost them £2.50 to obtain registered keeper address from the DVLA. Let them incur this cost. As long as you stand firm and ignore the drivel that comes through your letter box [File away for reference and / or retribution] there is a very very good chance that the PPC will eventually run out of steam. In the extremely unlikely event of the PPC issuing proceedings [odds really are well over 1000 to 1], this forum will help in your defence. You would win. STAND FIRM - do not be bullied – any concerns - please feel free to post further.

These links are worth reading:

Private Parking Companies/Charges - Advice Paper (everything you need to know)

Private Parking Tickets - Template Letters

Judge quashes £300 parking fine...because it set out to ‘frighten and intimidate’ driver | the Mail on Sunday

[barney2]

Thanks for replys have no intention of doing anything about ticket, just shocked that they get personal info and for only £2.50. Do they have to be registered or can anyone say they work for a parking company to get peoples info. I'm begininng to wonder if there is any point in having data protection as know one seems to pay any attention to it.

[WebFerret]

Originally Posted by barney2

Thanks for replys have no intention of doing anything about ticket, just shocked that they get personal info and for only £2.50. Do they have to be registered or can anyone say they work for a parking company to get peoples info. I'm begininng to wonder if there is any point in having data protection as know one seems to pay any attention to it.

Shocked is an understatment in my opinion - this Government is simply ignoring it's prime responsibility of maintaining proper law & order and simply targeting anyone who is deemed to be a 'soft' target to raise revenue - the motorist (stealth taxes by any other term!).

Checkout my thread: The DVLA should be sued under the Data Protection Act

These scammers of questionable moral standing in receipt of this information are in effect being aided & abetted by the Labour Government in compiling a national database of all soft targets (the ill-informed, those that do pay), to commit criminal acts. (harrasment, fraud ect).

If I had the mind and inclination - I could set myself up as a limited company, obtain DVLA data, demand monies with menacies and from the database I have 'built' have a nice little 'earner' with which I could continue to scam these 'soft' targets at will with impunity it would seem!

The fact that your data can so easily be passed to a 3rd party (a 'so called' debt recovery agency) WITHOUT these private companies substatiating their claim first, is absolutly outragouse in my opinion.

What is to stop them further 'selling' on your data (including credit card details - if you did pay) to unscupliouse individuals to commit fraud (ID theft or clean out your bank account!)?

In my experience, from communication directly with the DVLA through my local MP, no thorough checks are made on these private companies to ensure they are fully compliant with the data protection act, and fully adhear to the DVLA rules and regulations of data distribution - in fact the DVLA policing of data distribution is wholey questionable in my view!

Action MUST be taken on this issue sooner rather than later, before, as I see, mass rebelion from the general public insues. This will either manifest itself in a landslide voting out of Labour at the next election OR civil unmass disobedience if Brown won't hold an election.

(please note I am of no particular political posuation - it's just that I simply hate unfair behaviour from any Govenment who are supposed to have been elected by the people for the people - and the current one clearly isn't in either case!)