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  1. #1

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    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 chargeicon 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 ICOicon if it intends to process personal dataicon 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.

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
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  2. #2

    Default

    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?

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  3. #3

    Default Re: JD Parking Consultants Ltd - PCN

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

    Can you tell us which car park please?

    HB

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  4. #4

    Default Re: JD Parking Consultants Ltd - PCN

    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.

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  5. #5

    Default Re: JD Parking Consultants Ltd - PCN

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

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  6. #6

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Thank you, thread title changed.

    HB

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  7. #7

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    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

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  8. #8

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

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

    Regards

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
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  9. #9

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    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 chargeicon 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.

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  10. #10

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

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

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  11. #11

    Default Re: JD Parking Consultants Ltd - PCN

    Quote Originally Posted by paulwlton View Post
    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] [COLOR="red"] “the creditor” means a person who is for the time being entitled to recover unpaid parking chargesicon from the driver of the vehicle;

    Debt Recovery Plus are a bunch of unregulated low lifes posing as debt collectorsicon 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.


  12. #12

    Default

    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 GDPRicon that takes effect after May 25th and have several ongoing complaints at the ICOicon 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.

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  13. #13

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    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"

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  14. #14

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Quote Originally Posted by DragonFly1967 View Post
    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

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  15. #15

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    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.
    Quote Originally Posted by paulwlton View Post
    Im assuming it would the landowner that would need to contact the DVLA?



  16. #16

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


    [Please uploadicon your images as a PDFicon - dx]

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  17. #17

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    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


  18. #18

    Default

    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 uploadicon your images as a PDFicon - dx]



  19. #19

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    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.

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  20. #20

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    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 dataicon 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 ICOicon.

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