DVLA has confirmed that the enquirer was Debt Recovery LTD for JD Parking consultants Ltd.

Strange that the DVLA are providing data to Debt Recovery who are not members of BPA on behalf of JD parking who are members of BPA.

If Paul has got the details the right way round is there a Data Protection query involved? Where do Debt Recovery get the right to ask for our details when they are not a party to any parking infringement that may or may not have occurred.

Strange that the DVLA are providing data to Debt Recovery who are not members of BPA on behalf of JD parking who are members of BPA.

 

If Paul has got the details the right way round is there a Data Protection query involved? Where do Debt Recovery get the right to ask for our details when they are not a party to any parking infringement that may or may not have occurred.

Good point.

Debt Reovery Plus are members.

You may still have a point regarding DRP requesting and obtaining my details though. The DVLA state that information can be released to Landowners or their agents. Debt Recovery Plus are neither the Landowner nor or they the agent of the Landowner. This is dependant though, on the charge being contractual in nature, however, as we know a contract was never performed, so the only entity that has the right to request my data is the Landowner or whoever is/was in possession of the land.

Seems that the creditor or the agent of the creditor can request keeper details.

The FOPA 2012 does allow the agent of a creditor to request keeper details.

Creditor assumes there is a debt though.

HB

Paul please post images as a pdf attachment as per upload

Posting images within a post forces people paying for their data to waste it on an image they can choose to download by an attachment

It also slows the thread for people on slow internet feeds

Thankyou

if that is true then you can sue the DVLA as NO third party has a right to obtain your keeper details. Report this to the ICO as well as a complaint.

If it was the other way round then the DVLA are still breaking the law for the reason already stated. This is well established so I cant see what the DVLA is playing at.

DVLA has confirmed that the enquirer was Debt Recovery LTD for JD Parking consultants Ltd.

if that is true then you can sue the DVLA as NO third party has a right to obtain your keeper details. Report this to the ICO as well as a complaint.

If it was the other way round then the DVLA are still breaking the law for the reason already stated. This is well established so I cant see what the DVLA is playing at.

Are you sure on this? If you are correct ill take your advice and submit a complaint to the DVLA and report the matter to the ICO.

Just received the email below from the DVLA. The response isn't good enough, so Ive requested that they provide, or attest that they have evidence which allows the DVLA to provide Debt Recovery with my personal data. The DVLA are going to contact the relevant department and then respond.

Good Morning,

I obtained some further advice on this, just to ensure the information I am giving is correct.

The company Debt Recovery Plus is acting as the landowners Agents in this matter, through having either a contract with the landowner themselves or a contract with a third party company acting on behalf of the Landowners (The third party company having authority to employ other companies to act on behalf of the landowner).

I trust this will assist you

The DVLA's response doesn't state fact, I've made them aware that providing my data to DRP may have breached the DPA.

look at the court cases involving MIL collections.

Are you sure on this? If you are correct ill take your advice and submit a complaint to the DVLA and report the matter to the ICO.

stop emailing people, they wont give a proper response despite the changes of the GDPR from the DPA.

I would respond to the DVLA and ask for "strict proof" that the DVLA saw the supposed contracts before they released your information.

They wont have, they rely on a bunch of liars actually telling the truth about this and we know that it isnt true

l've requested the proof from the DVLA.

did you ask for "strict proof" as that is a legal term that has serious connotations should they not respond

Ill sort it.

Thanks

Please stop using reply with quote.....

If Debt Recovery plus has an agreement to request data from DVLA as a subcontractor of JD Parking solutions then the Mil collection case does not apply. The Mil case was in relation to selling data.

No, it is abou8t third parties to any agreement. MIL were a third party (no direct interest in a contract between LL and JD or JD and you) and so are DR+.

My last email sent to DR on the 12th June along with todays response below. Now time to concentrate on the data breach side.

Dear Mrs Bartley

If the charge is for breach of contract, please provide the terms the driver breached?

The signage deters/forbids anyone without a permit and/or failure to display the same to pay a charge.

At no time did the driver request a permit or was provided with same, accordingly no contract was entered into.

Furthermore, I do not agree that there is an outstanding debt and I believe there was NO reasonable cause to request my personal data from the DVLA.

Again, please advise that you have an valid contract with the landowner to request my details for breach of contract. However, as the matter is an Act if trespass you have no rights.

I suggest you seek legal advice on the matter before you respond to my grievance.

Yours Sincerely

Paul Walton

Thank you for your email regarding the above Parking Charge Notice (PCN).

After carefully considering the case, I have cancelled the above parking charge on this occasion only. I have also noted our records to ensure that we do not send any further letters about this parking charge.

I must stress, however, that the terms and conditions of parking at this site are clear and must be abided by at all times. Therefore, I will not be able to withdraw any further PCNs issued to the vehicle.

Kind Regards

EMAIL?

have you not bothered to read anything people say about the wisdom of using emeil to communicate with parking co's or their lackeys.

EMAIL?

have you not bothered to read anything people say about the wisdom of using emeil to communicate with parking co's or their lackeys.

I read everything but do things my own way - If you have a problem with it stay off the thread.

Todays email from the DVLA.

Good morning,

If you do wish to make a official complaint please find enclosed copy of our complaints procedure which details how to make a complaint. This also contains details on how to escalate your complaint higher if you are still unhappy with the response received.

https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

I am still waiting for a response from the department which deals with these requests and until they reply I will be unable to other than in the manner which I previously responded.

these threads are read by thousands of people so advice is not just aimed at you but others following it or using it for advice.

you can do what you want but if you really want to plough your own furrow why post and ask for advice in the first place.

You seem happy enough to use people's help when it suits you but then get shirty when you dont like being told that some of your actions are unwise.

You cant have it both ways.

My next piece of advice is to do exactly what you seen to be doing, exhaust the DVLA complaints procedure and get the information they seem reticent to send you (for obvious reasons) and then complain to the ICO

Ericsbrother you need to chill out. The charge has been cancelled. I take advice when I believe it to be in my best interest to do so.

Now its time to work on the data breach.

Time to have some fun and apply more pressure.

Thank you for this response.

As previous requested. Please provide the evidence of Legal authority which afforded Debt Recovery Ltd rights to obtain my personal data from the DVLA.

I have requested same from the DVLA and I await their response.

Should it transpire that Debt Recovery Plus Ltd unlawfully obtained/ processed my personal data, then I will seek to recover compensation for distress and/or hurt feelings.

Furthermore, I continue to claim that your behaviour may have fallen foul of the Fraud Act 2006 as you attempted to recover £100 for contractual entitlement when there was never entitlement.

I await your response.

Kind Regards

Paul Walton

See if they respond to this.

Dear Mrs/Ms Bartley

You are processing my personal data without obtaining my explicit consent under Article 6 (1) GDPR. You have no lawful basis to process my data. I suggest you read up on Article 83(5)(a) and review your position.

Please clarify the condition/ lawful reason you rely on to process my data?

Kind Regards

Paul Walton