Are parking invoices Harrasment?

[paulrg]

Just a thought , as these speculative invoices are not something that could stand up in court , is there a case for harassement here if these beggars keep on sending them?

[BankFodder]

There has to be a course of behaviour calculated to cause fear or distress.

 

I think that it takes more than a few letters, I'm afraid.

[Nev Met]

Just a thought , as these speculative invoices are not something that could stand up in court , is there a case for harassement here if these beggars keep on sending them?

 

I have been mulling this over myself more recently following the DVLA's recent response to a FOI request as follows;

 

The DVLA also accepts that some companies use debt recovery agencies to recover unpaid parking charge notices. The information provided to the private car park enforcement company is passed to the debt recovery agent to initiate civil proceedings. The DVLA would be concerned if information were to be used for a purpose other than that it was requested for. If this were to occur, the DVLA would ask the Information Commissioner to investigate the matter.

 

This is the first time that I can recall the DVLA spelling this out with such apparent clarity. Sometimes the responses from the DVLA are a little cryptic and you have to read between the lines to get the full meaning of what they are telling you.

 

I am however fairly fluent in "DVLA" and that (highlighted) little phrase is telling me that if a DCA simply sends out a seemingly endless stream of threat-o-grams without any intention of civil proceedings then that would be an unlawful use of the registered keeper data.

 

This then begs the question of what about those debt recovery agents who rarely or in some cases never initiate civil proceedings. Steve Clark (head of the BPA AOS) has told the DVLA (in an email that I have) that some operators have a policy of not taking anyone to court. If the DVLA knows this then they also know that the information is being passed to a debt recovery agent who has no intention of initiating civil proceedings.

 

What I'm saying in summary is that the DVLA appears to be trying to a) cover it's arse with that rider and b) inviting complaints where the use of threat-o-grams is not followed up with court action.

[paulrg]

There has to be a course of behaviour calculated to cause fear or distress.

 

I think that it takes more than a few letters, I'm afraid.

 

Yup would also depend on the recipents state of mind I think as to whether or not fear or distress was being caused . I may be having a go at this in a week or so ...

[DBC]

There also seems to be a pattern amongst at least a couple of PPCs of sending out court papers, but then backing down when the motorist submits a proper defence. Could that be construed as another example of a "threatogram"?

[tiredTraveller]

There also seems to be a pattern amongst at least a couple of PPCs of sending out court papers, but then backing down when the motorist submits a proper defence. Could that be construed as another example of a "threatogram"?

 

To be fair the DVLA do that as well as anybody looking at the forumload of 'failure to notify' threads.