A response. What you make of this EB???

Good Afternoon.

The claim was based on contract law. The terms and conditions of parking (the “contract”) are displayed on the signage at the site (the “offer”). By remaining on the site you accepted the terms and conditions of parking (the “acceptance”).

I refer you to the signage at the site which clearly states: DO NOT PARK HERE UNLESS YOU FULLY UNDERSTAND AND AGREE TO THE ABOVE CONTRACTUAL TERMS AND CONDITIONS.

The vehicle was parked in the immediate vicinity of signage and therefore it cannot be said that you/the driver were unaware of the terms of parking.

The parking charge was issued as no valid permit was displayed.

Your details were obtained from the DVLA under a reasonable cause request. Details of how your data has been used can be found online - http://www.parkingcsl.co.uk/privacynotice/index.php

We have not unlawfully obtained/processed your data and we have not committed fraud and therefore no compensation is due. I recommend you obtain professional legal advice.

I would like to point out that while the parking charge was correctly issued it was cancelled as a gesture of goodwill. No further action is being taken, however if any further charge is incurred for the same reason we will be unable to withdraw it.

Kind Regards

Can you tell us what your letter to them said please?

HB

Can you tell us what your letter to them said please?

 

 

HB[/quote

 

I’ve posted it - the one I mention the Fraud Act 2006 above,

 

My grievance has moved up the food chain - the response was from a manager!!!... he suggests I seek legal advice lol.

 

I’ll give him some grief now!!

Can you tell us what your letter to them said please?

 

 

HB[/quote

 

I’ve posted it - the one I mention the Fraud Act 2006 above,

 

My grievance has moved up the food chain - the response was from a manager!!!... he suggests I seek legal advice lol.

 

I’ll give him some grief now!!

 

 

I'm not sure which post it's in, sorry. People will appreciate your making it easy for them to find the information.

 

 

HB

Sorry to say they will get bored responding and just ignore you.

you dont get compensation for fraud and anyways you werent defrauded because at best it would be ATTEMPTED fraud and being a criminal matter something for the police, Trading Standards and the CPS to consider.

You then run into the problem of intent.

They will argue that there was never an intent to deceive as they are just too thick to understand the concept of the law they wish to use and english was a GCSE they didnt sit because they knew they were going to get a job as a clamper and being built like a brick outhouse more important than stringing a sentence together.

I said at the beginning of this thread that you shouldnt get ahead of yourself.

I will add to that, dont enter into protracted arguments with the wrong person and company either.

As advised, put pressure on the DVLA for their lack of quality control and get the ICO to bite their bum as well as the bandits who obtained your details.

When you have somehting supportive from there go after JD and DR+ without giving them a telegraphed punch.

Can you tell us what your letter to them said please?

 

 

HB

Post 74, 75.

EB, I'm going to ping one last email off to the collections manager then leave it.

The DVLA are dragging their feet on providing what I requested. I've given them until Monday before I submit a complaint.

My last email to them EB. I’ll continue to pressure on the DVLA now.

Dear Mr Goulden

In response to your email.

I advise there was no offer to park, no consideration and no acceptance of any contract. The £100 charge displayed on the signage is (a) A charge for not displaying a valid permit which is a contractual breach. (b) To deter trespassers by way of terrorem.

You are no doubt aware that the doctrine of impossibility applies in this case when arguing contractual liability and/or breach of the same.

If you don’t provide me with evidence of your lawful authority to obtain my data I’ll take the view that the landowner is the only legal entity that has authority under reasonable cause to obtain my personal data.

I suggest you seek legal advise on this incipient matter.

Kind Regards

Paul Walton

I suggest you seek legal advise on this incipient matter.

Advice

Oh no! Wrote it on my phone in the sun.

Ive just sent a complaint to the DVLA as the department dealing with my request appears to be circumventing the same. The DVLA are as bad as the parking bandits.

It's nothing personal Paul.

They do it to everybody including the ICO.

They prevaricated with them for a couple of years on one subject so expect to engage in letter tennis with them for that length of time too I would imagine.

If only they were as "robust" in protecting our rights as they are in covering their own shortcomings of which there are many.

They are a disgrace!

That has been known since 2011 at least but nothing seems to change-

https://www.whatdotheyknow.com/request/dvla_selling_personal_information

[You may already know about this judging by the name of the petitioner!]

We are being cash cowed as the MP below pointed out but the DVLA carry on swatting away all complaints as if it was the first time they had ever heard that particular complaint.

They are well aware that their system is not fit for its purpose but carry on raking in the money regardless.

God knows what we can do when an MP pointed out what is wrong with the current way of working all those years ago-

https://publications.parliament.uk/pa/cm201012/cmselect/cmtran/writev/dda/dda09.htm

After reading the MPs complaint you will realise what you are up against.

I am sorry that both urls I posted are not highlighted. All I can suggest is that you copy the first one and then rejoin the word "information" on the first url and then rejoin the U and the K to make UK in the second one.

I am sorry that both urls I posted are not highlighted. All I can suggest is that you copy the first one and then rejoin the word "informatio" on the first url and then rejoin the U and the K to make UK in the second one.

If that still doesn't work then paste-what do they know +dvla+DPA+Stuart walton into the search section CAG or Google to get the whole thing.

posts merged urls sorted

if you post a url you must do it on a new line LFI

Thanks dx100uk. I am new here so didn't realise that.

No response hitherto from the DVLA. Methinks the DVLA are protecting the cowboys.

Surely not ......

then complain to the ICO. All this is very slow but you have to follow the necessary steps or you will be pulled up for not following the rules. The ICO will take an age as they like to persuade the villains to change their ways rather than punishing them. However, i thik that they wouldlike a high profile kill to show how tough they are using the new GDPR so you never know your luck. The DVLA are also a complete shower whe it comes to mislaying stuff though.

No response hitherto from the DVLA. Methinks the DVLA are protecting the cowboys.

Protecting themselves more like.

Just pinged this off before I submit an ICO complaint.

Dear Mr Stark

You have failed to provide a response to my request and the DVLA complaints department has circumvented my concern. I have, now no other alternative than to submit a complaint to the ICO vis a vis the misuse of my personal data.

Kind Regards

PW

Don't expect too much from the DVLA. I have seen dealings between them and the ICO and quite frankly a dead bee has more sting than the ICO.

They did to the ICO the same as they are doing to you. They takes ages to reply and if they do it will be to answer a completely different question to the one asked.

but you must go through the correct procedures so even if you get nowhere you can then pass it on to your MP. They may then take the matter up, mine would and so will many others but beware, they all belive the story they are told as generally they dont have the willingness to hold a convictuion or conscience about the wrongs done to the public by these companies

My case has now been allocated to an ICO case worker and I've provided her with the relevant details.

Interesting email from the ICO today??....Ill give them a call tomorrow.

Dear Mr Walton

Further to Case Officer ******** email to you of 2 November 2018 which explained that we are currently looking into the complaint you have raised with us about the DVLA, I would like to get some clarification on the information you have requested from the DVLA.

The ICOs role

Part of our role is to consider complaints from individuals who believe their data protection rights have been infringed.

Your complaint

You have shown in your correspondence with the DVLA that you have requested “strict proof that Debt Recovery Plus has either a contract with the Landowner or the creditor JD Parking Consultants Ltd which allows the DVLA legal authority to furnish my personal data to them?”. This contract information would not be held by the DVLA as the third party is contracted by either the landowner or the creditor JD Parking Consultants Ltd. To obtain this type of information you would need to issue a Freedom of Information (FOI) request to either Debt Recovery Plus, JD Parking Consultants Ltd or the Landowner.

Please note that even if you issue an FOI request to these companies you may not be entitled to receive the requested information due to various exemptions present in the Freedom of Information Act 2000. Please see the following link to the ICOs guidance on making an FOI request:

https://ico.org.uk/your-data-matters/official-information/

In relation to the part of your question to the DVLA which request proof to demonstrate their legal authority to provide your personal data to the aforementioned parties, we would like you to clarify this part of your question. We would like to know if you are requesting the lawful basis on which the DVLA relies upon to disclose keeper’s (individuals) personal data to private parking companies, who then pass on the personal data to a third party (debt collection agency) to recover the balance?

If your request is to obtain the lawful basis for disclosing your personal data to the aforementioned parties, then I would like to inform you that we are currently conducting an investigation into this matter with the DVLA. If this is the main reason for your complaint, we will be in contact with you and will provided you with an outcome to your complaint once we have concluded our investigation.

If this is not the main reason for your complaint can you please let me know and provided further clarification on your complaint.

If you would like to discuss this further, please reply directly to this email or call me on the number below.

Yours sincerely