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#Post#: 68709--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: April 25, 2025, 4:38 pm
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Ah f*** I wish I had, it's now coming up as expired. Bugger.
Guess I just wait for the DCBL letter of claim or pay up?
#Post#: 68750--------------------------------------------------
Re: Assistance with POPLA
DIR By: b789
Date: April 26, 2025, 4:41 am
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Why would you "pay up" to a firm of utter incompetents? POPLA is
nit the be all and end all. Even if they had rejected an appeal,
their decision is not binding on you and has no impact
whatsoever on anything going forwards.
Whilst waiting for the usual useless debt recovery letters which
you can safely ignore and we don't need to know about, you
should submit a formal complaint to the DVLA.
Here’s how to make a DVLA complaint:
[indent]• Go to:
HTML https://contact.dvla.gov.uk/complaints
• Select: “Making a complaint or compliment about the Vehicles
service you have received”
• Enter your personal details, contact details, and vehicle
details
• Use the text box to summarise your complaint or insert a
covering note
• You will then be able to upload a file (up to 19.5 MB) — this
can be your full complaint or supporting evidence
That’s it.[/indent]
The DVLA is required to record, investigate and respond to every
complaint about a private parking company. If everyone who
encounters a breach took the time to submit a complaint, we
might finally see the DVLA take meaningful action—whether that
means curtailing or removing KADOE access altogether.
For the text part of the complaint the webform could use the
following:
--- Quote ---
> I am submitting a formal complaint against Britannia Parking,
a BPA Approved Operator Scheme (AOS) member with DVLA KADOE
access, for breaching the BPA/IPC Private Parking Single Code of
Practice (PPSCoP) after obtaining my personal data.
>
> While the Operator may have had reasonable cause at the time
of their KADOE request, their subsequent misuse of my
data—through conduct that contravenes the PPSCoP—renders that
use unlawful. The PPSCoP forms an integral part of the DVLA’s
governance framework for data access by private parking firms.
Continued access is conditional on compliance.
>
> The DVLA, as data controller, is obliged under UK GDPR and the
Data Protection Act 2018 to investigate and take enforcement
action when data is misused following release. This complaint is
not about whether the data was obtained lawfully at the outset,
but whether its subsequent use breached the terms under which it
was provided.
>
> I have prepared a supporting statement setting out the nature
of the breach and the Operator’s actions, and I request a full
investigation into this matter. I have attached the supporting
document.
>
> Please acknowledge receipt and confirm the reference number
for this complaint.
--- End Quote ---
Then you could upload the following as a PDF file for the formal
complaint itself:
--- Quote ---
> SUPPORTING STATEMENT
>
> Complaint to DVLA – Breach of KADOE Contract and PPSCoP
>
> Operator Name: Britannia Parking
> Date of PCN issue: [INSERT DATE]
> Vehicle registration: [INSERT VRM]
>
> I am submitting this complaint to report a misuse of my
personal data by [INSERT PPC NAME], who obtained my keeper
details from the DVLA under the KADOE (Keeper At Date Of Event)
contract.
>
> I am submitting this complaint to report a misuse of my
personal data by Britannia Parking, who obtained my keeper
details from the DVLA under the KADOE (Keeper At Date Of Event)
contract.
>
> Although Britannia Parking may have had reasonable cause to
request my data initially, the way they have used that data
afterwards amounts to unlawful processing. This is because they
have acted in breach of the BPA/IPC Private Parking Single Code
of Practice (PPSCoP), which is a mandatory requirement for
access to DVLA keeper data. The PPSCoP forms part of the
framework that regulates how parking companies must behave once
they have received keeper data from the DVLA.
>
> The KADOE contract makes clear that keeper data may only be
used to pursue an unpaid parking charge in line with the Code of
Practice. If a parking company fails to comply with the PPSCoP
after receiving DVLA data, their use of that data becomes
unlawful, as they are no longer using it for a permitted
purpose.
>
> In this case, Britannia Parking has breached the PPSCoP in the
following ways:
>
> [indent]• They failed to properly consider my appeal dated
18/03/2025, which raised specific breaches of the Protection of
Freedoms Act 2012 (PoFA), namely:
>
> [indent]• Failure to include the mandatory keeper invitation
wording (PoFA 9(2)(e)(i));
> • Inaccurate payment deadlines (PoFA 9(2)(f));
> • Failure to identify clearly the creditor (PoFA 9(2)(h));
> • Doubt as to whether the Notice to Keeper (NtK) was posted on
the stated date (PoFA 9(4)).[/indent]
>
> • Instead of engaging with the substance of my appeal,
Britannia Parking issued a boilerplate response dated
20/03/2025, failing to address the points raised, suggesting
either no review was conducted or a deliberate disregard of
their obligations under the PPSCoP.
> • The response contained irrelevant text concerning ANPR
maintenance, consideration periods, insurance, and BPA audits,
none of which were raised in my appeal.
> • This amounts to a failure to offer a fair, transparent, and
proper appeals process as required under Section 11 of the
PPSCoP.[/indent]
>
> These are not minor or technical breaches. They show a clear
disregard for the standards required under the current single
Code. As a result, the operator is no longer entitled to use the
keeper data they obtained from the DVLA, because the purpose for
which it was provided (a fair and lawful pursuit of a charge
under the Code) no longer applies.
>
> The DVLA remains the Data Controller for the data it releases
under KADOE, and is therefore responsible for ensuring that
personal data is not misused by third parties. This includes
taking action against AOS operators who breach the conditions
under which the data was provided. I am therefore asking the
DVLA to investigate this breach and to take appropriate action
under the terms of the KADOE contract.
>
> This may include:
>
> [indent]• Confirming that a breach has occurred
> • Taking enforcement action against the operator
> •Suspending or terminating their KADOE access if
warranted[/indent]
>
> I have attached relevant supporting material with this
statement. Please confirm receipt and provide a reference for
this complaint. I am also happy to provide further information
if required.
>
> Name: [INSERT YOUR NAME]
> Date: [INSERT DATE]
--- End Quote ---
#Post#: 80597--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: July 11, 2025, 9:02 am
---------------------------------------------------------
Thanks, I've logged a DVLA complaint.
I've also had the DCB Legal letter come through now, please see
attached. Should I submit an acknowledgement of service?
[attachment deleted by admin]
#Post#: 80707--------------------------------------------------
Re: Assistance with POPLA
DIR By: b789
Date: July 12, 2025, 8:24 am
---------------------------------------------------------
Just email the following to info@dcblegal.co.uk and CC yourself:
--- Quote ---
> Dear Sirs,
>
> Your Letter Before Claim contains insufficient detail of the
claim and fails to provide copies of evidence your client places
reliance upon and thus is in complete contravention of the
Pre-Action Protocol for Debt Claims.
>
> I am the registered keeper of the vehicle. I am not obliged to
identify the driver and I decline to do so. As there is no legal
presumption that the keeper of a vehicle was its driver on any
particular occasion, your client cannot pursue me as driver as
per VCS v Edward (2023) [H0KF6C9C]
HTML https://www.dropbox.com/scl/fi/yvxek3kfwtb3qent3lj6y/VCS-Limited-v-Ian-Mark-Edward-H0KF6C9C.pdf?rlkey=niecohfdtj1n1ysh5prbsp52p&e=1&dl=0.
>
> If your client is seeking to rely on Schedule 4 of the
Protection of Freedoms Act 2012 (PoFA) in order to hold me
liable as keeper, they are unable to do so. The initial Notice
to Keeper was not received, as I had moved address and the V5C
logbook had not yet been updated with the DVLA at the time of
the alleged contravention. As such, no PoFA-compliant NtK was
served within the timeframes required by paragraph 9(5) of the
Act. Even if your client were to issue or re-send a copy now, it
would be well outside the statutory period and would not remedy
the defect. Your client is therefore unable to rely on PoFA to
establish keeper liability.
>
> As your client cannot pursue me as driver or keeper, it would
be an abuse of the court’s process for your client to issue a
claim against me and I will defend any such claim vigorously and
seek costs in relation to your client’s unreasonable and
vexatious conduct under Part 27.14(2)(g)
>
> Because your letter lacks specificity and breaches the
requirements of the Pre-Action Protocol for Debt Claims
(paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice
Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you
must treat this letter as a formal request for all of the
documents/information that the protocol now requires your client
to provide. Your client must not issue proceedings without
complying with that protocol.
>
> As solicitors you must surely be familiar with the
requirements of both the Practice Direction and the Pre-Action
Protocol for debt claims and your client, as a serial litigator
of debt claims, should likewise be aware of them. As you (and
your client) must know, the Practice Direction and Protocol bind
all potential litigants, whatever the size or type of the claim.
Its express purpose is to assist parties in understanding the
claim and their respective positions in relation to it, to
enable parties to take stock of their positions and to negotiate
a settlement, or at least narrow the issues, without incurring
the costs of court proceedings or using up valuable court time.
It is embarrassing that a firm of Solicitors are sending a
consumer a vague and un-evidenced 'Letter of Claim' in complete
ignorance of the pre-existing Practice Direction and the
Pre-Action Protocol.
>
> I confirm that, once I am in receipt of a Letter Before Claim
that complies with the requirements of para 3.1 (a) of the
Pre-Action Protocol, I shall then seek advice and submit a
formal response within 30 days, as required by the Protocol.
Thus, I require your client to comply with its obligations by
sending me the following information/documents:
>
> [indent]1. An explanation of the cause of action
> 2. whether they are pursuing me as driver or keeper
> 3. whether they are relying on the provisions of Schedule 4 of
POFA 2012
> 4. what the details of the claim are; for how long it is
claimed the vehicle was parked, how the monies being claimed
arose and have been calculated
> 5. Is the claim for a contractual breach? If so, what is the
date of the agreement? The names of the parties to it and
provide to me a copy of that contract.
> 6. If the claim is for a contractual breach, photographs
showing the vehicle was parked in contravention of said
contract.
> 7. Is the claim for trespass? If so, provide details.
> 8. Provide me a copy of the contract with the landowner under
which they assert authority to bring the claim, as required by
the BPA/IPC Private Parking Single Code of Practice (PPSCoP).
> 9. a plan showing where any signs were displayed
> 10. Photographs of the signs displayed (size of sign, size of
font, height at which displayed) at the time of any alleged
contravention.
> 11. Provide details of the original charge, and detail any
interest and administrative or other charges added
> 12. Am I to understand that the additional £70 represents what
is dressed up as a 'Debt Recovery' fee, and if so, is this nett
or inclusive of VAT? If the latter, would you kindly explain why
I am being asked to pay the operator’s VAT?
> 13. With regard to the principal alleged PCN sum: Is this
damages, or will it be pleaded as consideration for
parking?[/indent]
>
> I am clearly entitled to this information under paragraphs
6(a) and 6(c) of the Practice Direction. I also need it in order
to comply with my own obligations under paragraph 6(b).
>
> If your client does not provide me with this information then
I put you on notice that I will be relying on the cases of Webb
Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch),
Daejan Investments Limited v The Park West Club Limited (Part
20) Buxton Associates [2003] EWHC 2872, Charles Church
Developments Ltd v Stent Foundations Limited & Peter Dann
Limited [2007] EWHC 855 in asking the court to impose sanctions
on your client and to order a stay of the proceedings, pursuant
to paragraphs 13, 15(b) and (c) and 16 of the Practice
Direction, as referred to in paragraph 7.2 of the Protocol.
>
> Until your client has complied with its obligations and
provided this information, I am unable to respond properly to
the alleged claim and to consider my position in relation to it,
and it is entirely premature (and a waste of costs and court
time) for your client to issue proceedings. Should your client
do so, then I will seek an immediate stay pursuant to paragraph
15(b) of the Practice Direction and an order that this
information is provided.
>
> Yours faithfully,
>
> [Your name]
--- End Quote ---
When they respond without providing all the requested
evidence/documentation, you can report them to the SRA.
#Post#: 80760--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: July 13, 2025, 3:25 am
---------------------------------------------------------
Thanks, should I remove this part as I had not moved address?
--- Quote ---
>
> If your client is seeking to rely on Schedule 4 of the
Protection of Freedoms Act 2012 (PoFA) in order to hold me
liable as keeper, they are unable to do so. The initial Notice
to Keeper was not received, as I had moved address and the V5C
logbook had not yet been updated with the DVLA at the time of
the alleged contravention. As such, no PoFA-compliant NtK was
served within the timeframes required by paragraph 9(5) of the
Act. Even if your client were to issue or re-send a copy now, it
would be well outside the statutory period and would not remedy
the defect. Your client is therefore unable to rely on PoFA to
establish keeper liability.
>
--- End Quote ---
#Post#: 80768--------------------------------------------------
Re: Assistance with POPLA
DIR By: b789
Date: July 13, 2025, 4:40 am
---------------------------------------------------------
Yes. Remove that. My bad for copy and pasting without reviewing.
#Post#: 84574--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: August 7, 2025, 7:19 am
---------------------------------------------------------
I’ve now had the stock email reply from DCB Legal, pasted below.
Attached were the Britannia appeal/response, original PCN, and
photographs of the vehicle entering and leaving the car park.
Could you advise the next steps? I have not replied.
--- Quote ---
>
> We write in response to your correspondence received in our
office dated 21/07/2025.
> We now respond to the same as follows.
>
> It is our position that the Letter of Claim (“LOC”) is
compliant with the Pre-Action Protocol for Debt Claims (“the
Protocol”). The LOC provides adequate information for you to
identify the debt that our Client is seeking to recover. We
would respectfully draw your attention to paragraph 2.1(c) of
the Protocol and remind you that both parties are expected to
act reasonably and proportionately.
>
> For the avoidance of doubt, please note that the timeframe in
which to appeal the Parking Charge has expired. You were given
the opportunity to lodge an appeal when the initial Notice was
issued to you. Given that the case has been escalated to this
firm for recovery action, the time to appeal has now elapsed and
payment of the Parking Charge(s) is now required.
>
> The amount owed is a genuine pre-estimate of the losses
incurred in managing the parking location to ensure compliance
with the clearly displayed terms and conditions. Further, in
accordance with the British Parking Association (BPA) Code of
Practice, where the Parking Charge becomes overdue and before
Court proceedings have commenced, a reasonable sum may be added
for the debt recovery fees. The correct recovery fees have been
added and will not be removed, for completeness we would advise
that the fee is not inclusive of any VAT, as it does not pertain
to a supply of goods/services between you and our Client.
>
> To clarify, when parking on private land, the contractual
terms of the site are set out on the signs. You are thus
entering into a contract (by way of conduct) and agreeing to the
terms by parking and staying on the site. Parking in breach of
the terms as stipulated on the signage means that you are then
breaking the terms of the contract.
>
> Attached are copies of evidence pertaining to the matter,
however, if there are any documents that you have requested, but
that are not attached, it is because we have deemed the request
to be disproportionate and/or not relevant to the substantive
issues in dispute. We respectfully draw your attention to
paragraph 2.1(c) of the Protocol and remind you that both
parties are expected to act reasonably and proportionately.
>
> You now have 30 days from the date of this email to make
payment of £170.00. Failure to make payment will result in a
Claim being issued against you without any further reference.
> Payment can be made via bank transfer to our designated client
account: -
>
> Account Name: DCB Legal Ltd Client Account
> Sort Code: 20-24-09
> Account Number: 60964441
>
> You must quote the correct case reference (removed) when
making payment. If you do not, we may be unable to correctly
allocate the payment. If further action is taken by us as a
result of an incorrect reference being quoted, you will be
liable for any further fees or costs incurred.
>
> Alternatively, you can contact DCB Legal Ltd on 0203 838 7038
to make payment over the telephone or online at
HTML https://dcblegal.co.uk/response/pay-online/.
>
--- End Quote ---
#Post#: 84617--------------------------------------------------
Re: Assistance with POPLA
DIR By: b789
Date: August 7, 2025, 10:51 am
---------------------------------------------------------
Respond with the following:
--- Quote ---
> Subject: Re: Your Pre-Action Conduct and Anticipated Claim
>
> Dear Sirs,
>
> Thank you for your response dated [insert date].
>
> It is clear from your refusal to provide documents and
information as required by the Pre-Action Protocol for Debt
Claims and the Practice Direction – Pre-Action Conduct, that
your client has no intention of complying with its legal
obligations.
>
> You have been formally put on notice that the alleged debt is
denied, and that no liability exists either as driver or under
Schedule 4 of the Protection of Freedoms Act 2012. Despite being
given the opportunity to clarify the basis of your client's
claim and provide relevant documentation, you have elected to
rely on vague assertions and minimal evidence.
>
> Should your client now proceed to issue a claim without curing
the breaches already identified, I will:
>
> [indent]• Apply for a stay or strike-out due to your client’s
non-compliance with the Protocol,
> • Seek recovery of my costs under CPR 27.14(2)(g), and
> • Refer the court to the principles in Webb Resolutions Ltd v
Waller Needham & Green [2012] EWHC 3529 (Ch), among
others.[/indent]
>
> Your client will bear responsibility for any costs incurred as
a result of issuing a knowingly deficient claim. I trust this
now concludes pre-action correspondence.
>
> Yours faithfully,
>
> [Your Name]
--- End Quote ---
#Post#: 84620--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: August 7, 2025, 11:04 am
---------------------------------------------------------
Thank you, I have replied as such.
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