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

[paulwlton]

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

[paulwlton]

l've requested the proof from the DVLA.

Edited June 11, 2018 by dx100uk
Unnecessary quote of previous post removed -dx

[paulwlton]

Ill sort it.

 

Thanks

[paulwlton]

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.

[paulwlton]

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

[paulwlton]

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.

[paulwlton]

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.

[paulwlton]

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.

[paulwlton]

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

[paulwlton]

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

[paulwlton]

A response. What you make of this EB???

 

Good Afternoon.

 

The claim was based on contract law. The terms and conditions of parking (the “contract”) are displayed on the signage at the site (the “offer”). By remaining on the site you accepted the terms and conditions of parking (the “acceptance”).

 

I refer you to the signage at the site which clearly states: DO NOT PARK HERE UNLESS YOU FULLY UNDERSTAND AND AGREE TO THE ABOVE CONTRACTUAL TERMS AND CONDITIONS.

 

The vehicle was parked in the immediate vicinity of signage and therefore it cannot be said that you/the driver were unaware of the terms of parking.

 

The parking charge was issued as no valid permit was displayed.

 

Your details were obtained from the DVLA under a reasonable cause request. Details of how your data has been used can be found online - http://www.parkingcsl.co.uk/privacynotice/index.php

 

We have not unlawfully obtained/processed your data and we have not committed fraud and therefore no compensation is due. I recommend you obtain professional legal advice.

 

I would like to point out that while the parking charge was correctly issued it was cancelled as a gesture of goodwill. No further action is being taken, however if any further charge is incurred for the same reason we will be unable to withdraw it.

 

Kind Regards

[paulwlton]

Can you tell us what your letter to them said please?

 

 

HB[/quote

 

I’ve posted it - the one I mention the Fraud Act 2006 above,

 

My grievance has moved up the food chain - the response was from a manager!!!... he suggests I seek legal advice lol.

 

I’ll give him some grief now!!

[paulwlton]

Can you tell us what your letter to them said please?

 

 

HB

 

Post 74, 75.

[paulwlton]

EB, I'm going to ping one last email off to the collections manager then leave it.

 

The DVLA are dragging their feet on providing what I requested. I've given them until Monday before I submit a complaint.

[paulwlton]

My last email to them EB. I’ll continue to pressure on the DVLA now.

 

 

Dear Mr Goulden

 

In response to your email.

 

I advise there was no offer to park, no consideration and no acceptance of any contract. The £100 charge displayed on the signage is (a) A charge for not displaying a valid permit which is a contractual breach. (b) To deter trespassers by way of terrorem.

 

You are no doubt aware that the doctrine of impossibility applies in this case when arguing contractual liability and/or breach of the same.

 

If you don’t provide me with evidence of your lawful authority to obtain my data I’ll take the view that the landowner is the only legal entity that has authority under reasonable cause to obtain my personal data.

 

I suggest you seek legal advise on this incipient matter.

 

Kind Regards

Paul Walton

[paulwlton]

Oh no! Wrote it on my phone in the sun.

[paulwlton]

Ive just sent a complaint to the DVLA as the department dealing with my request appears to be circumventing the same. The DVLA are as bad as the parking bandits.

[paulwlton]

They are a disgrace!

[paulwlton]

No response hitherto from the DVLA. Methinks the DVLA are protecting the cowboys.

[paulwlton]

Just pinged this off before I submit an ICO complaint.

 

Dear Mr Stark

 

You have failed to provide a response to my request and the DVLA complaints department has circumvented my concern. I have, now no other alternative than to submit a complaint to the ICO vis a vis the misuse of my personal data.

 

Kind Regards

PW

[paulwlton]

My case has now been allocated to an ICO case worker and I've provided her with the relevant details.

[paulwlton]

Interesting email from the ICO today??....Ill give them a call tomorrow.

 

 

Dear Mr Walton

 

Further to Case Officer ******** email to you of 2 November 2018 which explained that we are currently looking into the complaint you have raised with us about the DVLA, I would like to get some clarification on the information you have requested from the DVLA.

 

The ICOs role

 

Part of our role is to consider complaints from individuals who believe their data protection rights have been infringed.

 

Your complaint

 

You have shown in your correspondence with the DVLA that you have requested “strict proof that Debt Recovery Plus has either a contract with the Landowner or the creditor JD Parking Consultants Ltd which allows the DVLA legal authority to furnish my personal data to them?”. This contract information would not be held by the DVLA as the third party is contracted by either the landowner or the creditor JD Parking Consultants Ltd. To obtain this type of information you would need to issue a Freedom of Information (FOI) request to either Debt Recovery Plus, JD Parking Consultants Ltd or the Landowner.

 

Please note that even if you issue an FOI request to these companies you may not be entitled to receive the requested information due to various exemptions present in the Freedom of Information Act 2000. Please see the following link to the ICOs guidance on making an FOI request:

 

https://ico.org.uk/your-data-matters/official-information/

 

In relation to the part of your question to the DVLA which request proof to demonstrate their legal authority to provide your personal data to the aforementioned parties, we would like you to clarify this part of your question. We would like to know if you are requesting the lawful basis on which the DVLA relies upon to disclose keeper’s (individuals) personal data to private parking companies, who then pass on the personal data to a third party (debt collection agency) to recover the balance?

 

If your request is to obtain the lawful basis for disclosing your personal data to the aforementioned parties, then I would like to inform you that we are currently conducting an investigation into this matter with the DVLA. If this is the main reason for your complaint, we will be in contact with you and will provided you with an outcome to your complaint once we have concluded our investigation.

If this is not the main reason for your complaint can you please let me know and provided further clarification on your complaint.

 

If you would like to discuss this further, please reply directly to this email or call me on the number below.

 

Yours sincerely

[paulwlton]

The ICO has requested site of the letter DVLA sent me,

 

 

[paulwlton]

No doubt ill be issuing a claim for damages in the near future. Id love to get the DVLA into court.

[paulwlton]

So the ICO have determined that the DVLA has used the wrong lawful basis for processing under the GDPR. In my own case the DVLA stated they’d provided DR plus with my data because they were either the agent of the landowner or had rights to do so on behalf of the agents of the landowner, but never provided me with proof. Interestingly, the ICO stated that the DVLA do not hold this information, so cannot provide proof and the only way I can find out is if I make a FOI request to the parties involved, although there are exemptions they can use to avoid complying. 
 

The DVLA must comply with accountability under the GDPR and have systems in place to make sure they share data to parties that have legal authority to receive it. The above suggests they are making an assumption not relying on fact.

 

Im speaking with a journalist on this now, so any comments on the above is appreciated.

 

Paul