Hold my hands up I parked in a permit area after getting lost in Doncaster after sat nav problems and late for a course....long story.

Just received a PCN for £100 reduced to £60 if paid within 14 days from a company called Debt Recovery Plus trading as Parking Collection Services Ltd on behalf of their client "creditor" JD Parking Consultants Limited who manage the land.

The letter states that the parking charge was issued following the use of warden operated camera system. I presume the stated system is therefore operated by JD Parking Consultants Limited?

As I understand, a company is required to register with the ICO if it intends to process personal data and failure to do so pursuant section 17(1) of the Data Protection Act 1998 is a strict liability criminal offence.

If the matter was to proceed to court, the photographic evidence, i presume, would be inadmissible.??

Not sure of any other way to challenge this.

Any Thoughts?

dont they need to register with the ICO for a camera system as long as it doesn't take photos of any individuals. However, JD Parking must be included on the ICO register to process personal data.

date of infringement - 08/05/18

date of ntk - 10/05/18

date received 14/05/18

the letter states warden operated camera system identified the parking incident

not appealed.

letter states car park name and town.

the letter mentions schedule 4 protection of freedoms.

they operate under BPA code of practice.

Not sure why the ntk refers to JD Parking Consultants as the "creditor"

any idea?

Possibly because they like to pass unpaid parking charges onto even less powerful debt collectors who like to talk about reclaiming money for the 'creditor'.

Can you tell us which car park please?

HB

According to the BPA, they are members. They use the other company to collect the charges on their behalf

As this was likely a trespass case, only the landowner can take court action

Can you put the post code of where you parked. this is for us to have a look online and see if we can see the site.

Thanks for this. The address is - 35 Hallgate car park - Doncaster, DN1 3NL

Thank you, thread title changed.

HB

That's a shame. I can't focus on the area in question however where it says permit only or no parking then you cannot breach a contract that you aren't party to so that makes you a trespasser and as I said, only the landowner can sue for damages and that would be a minimal sum, nothing like what they are trying on.

If you do appeal, don't mention the drivers name. Only state the driver. Since they are members of the BPA and follow PoFA 2012, they can go after the keeper-you- but they would need to prove their case if they were foolish enough to take court action.

Having had a look at their website, I doubt they could afford court costs based on the very poor simplicity of the website

Thanks again for sharing your knowledge. I shall do some research.

Regards

now as there is no access to a car park from Hall gate are we to suppose that the entrance is off another road and if so which one? The car park gehind the large blue hoardings seems to be several different properties with different tarmac and lining episodes. I cant see any signage on the "car park" that offers a tariff for parking off King St that gives a clue as to who is offering a contract to park there and I suspect that this may well be true for the others as well. If so they are sunk.

In the meanwhile you need to ask the DVLA who has accessed your keeper details and for what stated reason. You may well have a claim against DR+ or the parking co for breach of the DPA but treat this as a separate issue for the moment, (will be worth letting them know about this once we are certain about all of the detail so they are more likely to give up) lets knock the parking charge on the head first.

Additional to this it also begs the question as to who is operating the manned CCTV system and what permission they ahve. They cnat pass on any personal details to a thirdy party and as JD arent the landowner tthey will have no rights to receive anyting from the camera co if it isnt them doing the snooping.

Im assuming it would the landowner that would need to contact the DVLA?

Not sure why the ntk refers to JD Parking Consultants as the "creditor"

 

any idea?

Hi Paul good to see you back.

Wow have they picked on the wrong guy to issue a speculative invoice to [aka Andrex].

They are creditors under POFA Schedule 4 , 1 [2] [1b] “the creditor” means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle;

Debt Recovery Plus are a bunch of unregulated low lifes posing as debt collectors so pointless contacting them or even the "creditor" at this time. The tactic is to wait until you have all your ducks in a row then give them both barrels and it prevents identifying the driver [they only know you as the keeper at the moment].

We can help by picking holes in their NTK if you could post it up suitably redacted.

Don't know if you are from around Doncaster but we would need photos of the Notices in the car park and the ticket machine if there is one-they usually contradict each other.

Other things- check with Land Registry to see who is the actual landowner [parking companies do not always get permission from them to operate but some agent or other] and check with the COuncil under the Town and Country advertisements and anpr regs.

Most parking companies do not bother with them but not to have those permissions is illegal-not unlawful but illegal.

Therefore as you know their so called contracts with motorists are worthless.

You didn't say how long you stayed there and what the parking company claim you did wrong. And what time were you there.

It is usually the parking company who asks the DVLA for your data under their membership of the BPA.

It's worthwhile reading other threads on this section to see how the land lies. The Parking Prankster will give you more info on what you are dealing with-it's not a level playing field but nor were the banks.

Cheers mate. I guess ill be doing a lot of reading up on this, especially the possible DPA breach - would be nice to issue a claim for the same under section 13.

Coincidently I've been reading up on the DPA 1998 and the GDPR that takes effect after May 25th and have several ongoing complaints at the ICO under various provisions against a couple of companies.

I'll post the notice and take a few pictures of the signage etc.

Regards

Any idea what a warden operated camera system is? and would the same be run by JD parking consultants or the landowners?

Ill take some photos tomorrow of the signage and post them up on Thursday.

JD Parking Consultants seem to be a bit of a nomark 'self ticketing' operation. So the "warden" in the 'warden operated camera system' should probably say "someone with a camera who thinks they have rights to the car park"

JD Parking Consultants seem to be a bit of a nomark 'self ticketing' operation. So the "warden" in the 'warden operated camera system' should probably say "someone with a camera who thinks they have rights to the car park"

Agree! The company give a camera to some jobsworth and tells them that they will get a tenner for any charges paid. The problem with that is that the amateurs have no idea what they need to do when taking pictures.

The camera must be date/time protected to stop unscrupulous 'wardens' from changing the details as was the case with UKPC a while back.

We do need to see images from the site to ascertain the status of the charge

no, anyone can assess the info as long as they have a lawful reason. Now htis bunch have to prove they have a lawful reason and so far what they have done isnt enough. If they have lied about the reason for doing so then they can be sued for a breach of the DPA for processing your data.

ASK the DVLA wo accessed your data and for what reason. You may well get a generic answer but if you do try again. You must write, phone or email not allowed so dont waste your time with them.

Im assuming it would the landowner that would need to contact the DVLA?

The first sign on entry makes it clear that theres no offer to park, however, the other signs appear to be contractual. ??

[Please upload your images as a pdf - dx]

Ok in short you had no permit so you were a trespasser and that isnt an agreed term. The only way you can form a contract is to break it!

Passing on your details to PCS is a breach of the DPA.

No service address for legal papers given so you dont know who is offering terms= no agreement. PObox no isnt good enough.

Also by having 2 firms cited on the sign it isnt clear who you are entering into negotiations with.

Likewise does either of them have a contract with the landlord that allows them to pass on those rights?

I doubt it Without both your agreement and that of the landlord no 3rd party contractual obligastion. Again that means breach of DPA See any court v MIL collection services or DVLA and MIL collections finding.

How much do you want in damages from them? I would suggest £500 from each

Thanks for your input.

Just finished a 12 hour night shift - will read up after a kip.

Regards

Not sure I understand the data protection aspect of it. Can you explain please or provide a link??

[Please upload your images as a PDF - dx]

Morning PW. I have hidden your post as you have left the reference number visible. Can you repost once you have hidden that. Ta muchly

EDIT: Just looked at the company accounts for last year. Unless they get a large injection of cash soon, they may just go bust.

Capital and Reserves--£162 Oops

I wonder hat they would do if a DPA claim did end up on their heads.

The notice is from Parking collection services Limited - a trading name of debt Recovery Plus Ltd, who are supposedly acting on behalf of JD Parking Consultants Limited.

Any idea who has the legal authority to request my personal data from the DVLA? and how do I find out who actually requested it?

Im assuming it was Debt Recovery Plus Ltd who requested it, because JD Parking Consultants are precluded from processing personal data as they are not registered with the ICO.

You have to ask the DVLA who accessed your data, this was in my first reply to your post.

You dont have to be registered with the ICO to obtain data from the DVLA, you can do so if you have a proper reason for doing so and that is where these bandits fall down. Read stuff carefully and research rather than assuming

Every data controller MUST BE registered with the ICO to request and obtain an individuals personal data. Failure to do so is a strict liability offence.

I'll do some more digging. Think ill submit a section 24 DPA 1998 request off to JD Parking for their registered particulars pursuant section 16 of the same. Section 24 gives them 21 days to provided information in respect of processing of data. Lets see what exemption they are to rely on (if any) - failure to comply with section 24 DPA 1998 is an offence in its own right.

The DVLA state that the company requesting data MUST provide evidence to show they are acting on behalf of the land owner. JDP, i believe are acting on behalf of the owner (whoever that is)...so, its probable that they requested my data.

If they have they've blown it. And if Debt Recovery Plus Limited requested my data then they would have had to provide evidence that they were acting on behalf of the landowner, which it was impossible to do because they are acting on behalf of JDC ltd and the DVLA are screwed for breaching their own code.

Its all unravelling.

Just rang the DVLA. I need to submit a request to them in writing and they'll provide the requester.

Ill post this off.

JD Parking Consultants Limited

Pavilion Business Centre Stanningley Road,

Stanningley,

Pudsey,

West Yorkshire,

LS28 6NB

Company registration number 06538684

Dated 18th May 2018

FTAO Data Controller

To Whom It May Concern:

I recently perused the ICO register and was unable to find JD Parking Consultants Limited registration.

If you are exempt from notification please provide the exemption you rely on. It is a strict liability offence to process data without registration pursuant section 17(1) Data Protection Act 1998.

If you are exempt from notification, please take this letter as a request pursuant section 24 of the aforementioned Act and provide me with the requisite particulars as per section 16(1). I advise that failure to comply with section 24 within the prescribed time constitutes an offence.

Yours Faithfully

Paul Walton

You are talking rubbish when it comes to individuals, as said park your car in my garden and I can get the keeper details from the DVLA so i can tell you to move it. It costs me more and it has to be a written application,

these bandits use the KADOE and that is where the breach occurs because they have promised to be good boys and are breaking that contract.

No need to register with the ICO as a data controller, I am not processing the data, I am receiving it from the data processor (DVLA).

you RANG the DVLA?,

they cant and wont answer anything via the telephone, this is made abundantly clear in any related thread so you need to do your homework before going off on a mission..

As for writing to JD parking, hold fire on this, you get all of your ducks lined up and then fire both barrels.

if you want help start taking note of exactly what people say and dont leap to conclusions that are not supported by evidence. no-one need so show they are acting on behalf of the landowner, that is the opposite of the requirement. If they are acting on behalf of the landowner they arent allowed to do anything as there is no contract between you and them so they have no locus standi.

So calm down and wait for the information that will tell you who and why. then suggest what you want to do and we will advice based on our pooled experience.

Ive rang the DVLA and they've given me an address to write to and they will confirm the requester within one to two weeks. is that a problem?

I take note of the landowner and opposite of requirement. However, I take issue that I'm talking rubbish when I'm correct. I suggest you read up on the data protection Act?

What evidence do private companies need to provide to receive DVLA data?

Companies requesting information to enforce parking charges must provide details of their business activities along with evidence to show they are acting on behalf of the land owner, that a parking charge scheme actually exists and that motorists are made aware of the scheme in force. Companies have to be registered with the Information Commissioner’s Office and be current members of an ATA.

Regards

THE BPA and IPC members run rings round the DVLA. Civil servants are no match for the crooks that run the car parking companies but they do know how to cover their backs. The DVLA make great store about how robust their controls are to monitor these companies. In reality any company that is a member of either ATA is nearly almost always provided with the info they asked for. The DVLA is so dumb or ignorant that they supply the IPC members despite the fact that the IPC Code does not comply with the Law.

The DPA is breached when the parking companies write and ask for details on a keeper when no good reason for asking. The DVLA still issue them with the data requested. It is a pity that it is just the parking company liable for the breach and not the DVLA as well.

The BPA and IPC both have Codes of Conduct that have to be adhered to. All the parking companies say they do but most of them rarely comply with all the requirements. Neither ATA nor the DVLA ever seem to check that they are compliant .