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#Post#: 72481--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: May 20, 2025, 8:30 pm
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I am attaching here an excerpt from the PCN where access to DVLA
data is discussed.
[attachment deleted by admin]
#Post#: 72482--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: May 20, 2025, 8:40 pm
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Here is the notice in full. It is printed on receipt paper.
There is nothing on the reverse.
Also, the site management responded to say that "...under the
terms of the agreement with PCS, [they] are unable to intervene
in the appeals process..."
[attach=1]
[attachment deleted by admin]
#Post#: 72484--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: b789
Date: May 21, 2025, 12:35 am
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The site management would say that. However, if they are the
party that contracted PCS, then they are jointly and severally
liable for the actions of their agent.
For now, the Keeper should not do anything. If PCS apply to the
DVLA without being accredited to the IPC, then they are acting
unlawfully and breaching the keepers GDPR. You can guarantee
that without accreditation, their contractual right to even
issue PCNs is invalid.
They are not permitted to request DVLA data under PoFA before
4th June, so don’t expect anything from them before 7th-8th
June, assuming they try to breach the KADOE contract and then
lose their access permanently.
#Post#: 72486--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: May 21, 2025, 1:22 am
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Supposing between then and now, they were to update/renew their
membership / acredited status?
It is my understanding, from some basic searches, that they
would not have the right to use a new membership to make DVLA
requests on a previously issued PCN. Is this correct?
#Post#: 72538--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: May 21, 2025, 7:02 am
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For the record, I have today visited the site to see what
signage they have in place. I’ll upload photos later when I’m at
my desk, but interestingly the signs state that PCS is an
“Approved BPA Operator” and display the BPA logos.
To reiterate, the language on the sign is ‘approved’ not
‘accredited’, though this is presumably moot anyway given that
they appear to no longer be a BPA member of any kind…
#Post#: 72544--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: b789
Date: May 21, 2025, 7:36 am
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They used to be a BPA member. However, that does not remove from
the fact that they are not listed as an accredited AOS member of
either the BPA or the IPC.
This may be because they have been sanctioned by the ATA for
other transgressions or whatever. However, they have stated in
their NtD that they may apply to the DVLA for the Keepers data,
when they have no lawful authority to do so.
This constitutes a misrepresentation of authority, which would
be a breach of the Consumer Protection from Unfair Trading
Regulations 2008 (CPUTRs), a breach of the DVLA’s KADOE Contract
(which requires truthful statements about data usage and access)
and a potentially reportable breach to the Information
Commissioner’s Office (ICO).
#Post#: 72551--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: May 21, 2025, 7:53 am
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So one could potentially interpret this a two separate breaches
of that particular code?
One: the false claim on the signage that they are an approved
BPA operator: and two: the false claim on the signage that they
can and will retrieve personal data from the DVLA.
So the best course of action is to ignore?
Is it possible that they are in fact an accredited operator and
that, for whatever reason, the list is simply not up to date? I
ask this simply in considering every possible eventuality.
#Post#: 72558--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: DWMB2
Date: May 21, 2025, 8:15 am
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I would suggest that rather than us expending much effort
exploring every possibility on the remote chance that one of
them comes to pass, we wait and see what actually happens (if
anything) and then advise accordingly.
Ignore it and if they do send a NtK, we can deal with it.
#Post#: 75742--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: b789
Date: June 10, 2025, 6:19 am
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I have just received a response to the FOI request from the DVLA
who confirm that PCS are an IPC member and were able to make
KADOE requests from 14th March 2019.
They do not appear on the IPCs list of AOS members and I have
sent a query to the IPC about this company and asked why do they
not appear on their list.
We wait and see.
#Post#: 75760--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: June 10, 2025, 7:18 am
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Okay… thank you for the update. Nothing has been received yet,
but I suppose this means a letter should be expected in the
mail.
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