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    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL


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

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

Winston Churchill

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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.

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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.

Edited by dx100uk
Merge

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

Winston Churchill

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.
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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.

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

Winston Churchill

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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

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

Winston Churchill

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

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

Winston Churchill

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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

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l've requested the proof from the DVLA.

Edited by dx100uk
Unnecessary quote of previous post removed -dx

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

Winston Churchill

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Please stop using reply with quote.....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

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

Winston Churchill

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  • 2 weeks later...

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

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

Winston Churchill

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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.

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

Winston Churchill

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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.

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

Winston Churchill

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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

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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.

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

Winston Churchill

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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

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

Winston Churchill

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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

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

Winston Churchill

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