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  1. #21

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

    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 ICOicon 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


  2. #22

    Default

    Every data controller MUST BE registered with the ICOicon to request and obtain an individuals personal dataicon. 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

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  3. #23

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

    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 ICOicon 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.


  4. #24

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

    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 chargesicon must provide details of their business activities along with evidence to show they are acting on behalf of the land owner, that a parking chargeicon 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

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  5. #25

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

    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 .


  6. #26

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

    It can't hurt to contact the DVLA to find out who did access your data. It must have been JD parking as they had the contract for the car park. Where they 'might' fall down on the DPA issue is that this was trespass rather than a parking infringement and the onus for chasing should have been made by the landowner as they are the only ones that can take court action for trespass. They may have given permission to JD to chase all infringements. It gets complicated!


    In any case where the signs say No Parking or Permit holders only, you cannot be bound by any terms on the signage because you are not a permit holder nor a legitimate parker.


    IF any court action is mooted, a counter claim for the DPA breach may just stop them in their tracks however, I don't see them taking action as they can't afford to lose.

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor
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  7. #27

    Default

    I understand the arguments and I too believe that JDP requested my details.

    As I’ve already stated JDP cannot request anyone’s data because they are not registered with the ICOicon. Furthermore, by processing data without registration they commit a criminal offence pursuant section 17(1) DPA (this changes after the 25th May 2018)

    Im going to submit an application to the ICO for an assessment pursuant section 42 DPA 1998 on whether JDP are complying fully with the ACT and in particular requesting personal dataicon whilst in criminal breach.

    The offence is a strict liability offence under section 19 of the Act. There is no defence and the director of the company is prosecuted.

    Section 13 DPA 1998 provides that if there is a contravention of any requirement of the Act then anyone suffering damage or distress as the right to compensation.

    Remember there’s lots of ways to skin a cat.

    But then again I may be talking rubbish.


    [Please uploadicon your images as a PDFicon - dx]



  8. #28

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

    Quote Originally Posted by paulwlton View Post
    I understand the arguments and I too believe that JDP requested my details.

    As I’ve already stated JDP cannot request anyone’s data because they are not registered with the ICOicon.
    Paul.

    You seem to be labouring under the very mistaken belief that PPC's operate under the same rules as everyone else. Let me set you straight on that. THEY DO NOT! They make the rules up to suit themselves, and even when they have their own rules, they break them if it suits them. And neither ATA, the DVLA or the ICO do a damn thing about it. You might as well be 'leaking' in to the wind if you catch my drift.

    As Ericsbro has already touched on however, anyone can get anyone else's details from the DVLA as long as they fill in the correct form, send in their £5 fee and have a "reasonable cause" for the request. The form is DVLA V888, which should not be confused with V888/2 or V888/3. They do not need to be registered with the ICO to obtain that data.

    We could use your help
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    Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

    If I've helped you at all, please feel free to click on the little star under my posts and leave feedback
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  9. #29

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

    you are jumping the gun, get the actual data from the DVLA before you do anything else and you wont trip yourself up. Theh cat upon what evidence is provided rather than assuming anything. Even if they have broken the law obtaining your keeper details doesnt remove a contractual obligation if one existed (it doesnt in this case) so you might still lose a court claim if you relied on only that for your defence.

    Aas siad befotre, get all your ducks lined up before letting rip and be in no hurry to do so,let them waste their time and money chasing you in the meanwhile.

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  10. #30

    Default

    I'll post the letter off to the DVLA and the section 17 DPA request to JD Parking today.

    A photograph of a vehicle registration is personal dataicon and obtaining, sharing of the same is processing. JDP is a Data controller therefore must be registered with the ICOicon.

    Should I appeal this or just let them chase me for payment?

    As advised earlier on the thread only only a small amount is recoverable for trespass.

    parking chargesicon and the penalty rule

    97. ParkingEye concedes that the £85 is payable upon a breach of contract, and that it is not a pre-estimate of damages. As it was not the owner of the car park, ParkingEye could not recover damages, unless it was in possession, in which case it may be able to recover a small amount of damages for trespass. This is because it lost nothing by the unauthorised use resulting from Mr Beavis overstaying.

    On the contrary, at least if the £85 is payable, it gains by the unauthorised use, since its revenues are wholly derived from the charges for breach of the terms. The notice at the entrance describes ParkingEye as being engaged to provide a “traffic space maximisation scheme”, which is an exact description of its function.

    In the agreed Statement of Facts and Issues, the parties state that “the predominant purpose of the parking chargeicon was to deter motorists from overstaying”, and that the landowner’s objectives include the following:

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  11. #31

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

    NOOOOO do not contact JD at this point, have you not taken in any of the advice given?
    WAIT until you have the answer form the DVLA before yiou do or say anything to anyone else.


    As for a picure of your reg plate being personal dataicon, sorry mate, not on this planet it isnt. Waht they do with the info is but as you dont know who obtained your keeper details you dont know who to go after. You are not doing yourself any favours with your gung ho determination and may well end up winning a battle that gets you nowhere but lose the war. Let the parking co's have pyrrhic victories, we want all of ours to have some substance.

    As for wittering about trespass, again you are missing the point.

    Star to read exactly what people are putting down rather than applying an interpretation to it that isnt supported by evidence. Trespass is down to the LL, not the parking co. That is why any claim for monies for breach of contract when the offer is one of a prohibitive nature will fail.

    Again this is made clear here and in dozens of other postings.


    So advice YET AGAIN

    Write to the DVLA and ask who abtained your keeper details and then sit on your hands until yu get a response that answers that request DO NOT do anything else

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  12. #32

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

    I understand that theres no contract and that ONLY the landowner is able to sue for
    trespass.

    In relation to vehicle registration numbers being personal dataicon, Please read para 6.


    https://ico.org.uk/media/about-the-i...nsultation.PDF

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  13. #33

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

    you are determined to go ahead and jump the gun and that is up to you, my advice doesnt change and that is you get the info from the DVLA and nothing else unti you have it. You will find out that the DPA has nothing to do with this matter and if it wasnt for their rubbish signage you would be in bother. However, I will warn others reading this thread that it is unwise to follow this path and fire off all your ammunition in one salvo.

    I still caution people to take it one step at a time, as the parking co has to prove their claim let them put their heads above the parapet.

    As for para 6 of the ICOicon consultation document, that is not the law, it is an interpretation for best practice and not a prohibition of capturing images. The guidance refers to "what other information is available" so that depends on what else the company has on you. By applying for your keeper details it clearly comes under the DPA but you dont know yet whether it was them who applied for your details. the law doesnt cover third parties so clearly in this respect. So it is the disclosure that it what makes the ICO interested so again I say wait and see who asked for it in the first place and then consider the next step.

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  14. #34

    Default

    I am not jumping any gun.

    I have sent a letter to the DVLA to find out who requested my details and I’ve sent JDP a legal request pursuant section 24 DPA to provide further information as they are not registered with the ICOicon.

    Please advise what I’ve done wrong so far!?!

    Regards

    Checked again on the ICO register and J D Parking are registered.

    Ill chill now and wait for the DVLA to get back.


  15. #35

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

    why on earth have you contacted the bandit co when the advice given quite strongly was not to do this.
    you shouldnt have done this as you will give away half of your advantage over them, they will now know that 1) you havent done your research properly so take you for a fool and 2) you have forewarned them of your approach.

    If you go to the ICOicon with this you cnat get any money out of them whereas if you use the info you get to take them through the courts for a number of thisng then you can still make a complaint to the ICO and it will have more strength because of the courts decisions in your favour, The ICO may very well order the company to tighten its procedures ( they wont now you have made a boo-boo) and that is the Alternative resolution - you cant then sue them becuse you have had satisfaction of your complaint.

    I hope that this thread doesnt turn into a textbook demonstration of how not to do it so please, if you want help and advice bear in mind timescales. Some things have to eb done quicly ( acknowledgement of court claim) and others slowly. you have 6 yearsicon to get to the bottom of this starting on the date you get a reply from the DVLA. If they contact you in the meanwhile, even better, they may well get something else wrong.

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  16. #36

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

    The letter I sent to JDP was a separate issue to the parking notice and in no way did I refer to the parking chargeicon I've received.

    I'll post what the DVLA send.

    Regards

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  17. #37

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

    yes, but they will look up your address and find they have a reference to it.


  18. #38

    Default

    DVLA emailed me yesterday, they're sending details of the requester by first class post, so should receive it today or tomorrow.

    Question for ericsbrother could the charge be contractual in nature??

    Regards

    I don't like this judgment!

    http://forums.pepipoo.com/index.php?...=post&id=27029

    Para 14, 15 of the judgment below makes sense.

    http://nebula.wsimg.com/07b493fc1a4e...&alloworigin=1

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  19. #39

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

    the Ransomes case is very differetn to almost all of the ones we deal with because it is about a commercial contract and a veryconvoluted way of assignment of the debt. Have you read not only this but the background to it? They arent allowed to get keeper details form the DVLA so rely on using the operator details written on the lorries and ban them from entering the port if they dont pay up. That is unlawful but as yet no-one has got an injunction to stop them as it all takes too long when you have 32 tons of fresh goods going rotten.
    Quote Originally Posted by paulwlton View Post



  20. #40

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

    Ok, ill read up. Is this judgment relevant?

    http://nebula.wsimg.com/07b493fc1a4e...&alloworigin=1

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