3. Received PCN for parking in our own flat's car park
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b789

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Re: Received PCN for parking in our own flat's car park
« Reply #30 on: December 15, 2024, 02:23:46 pm »
In the future, never appeal a Notice to Driver (NtD) until you have received the Notice to Keeper (NtK). By law, the NtK cannot be sent until at least 28 days after the NtD was issued if they want to hold the Keeper liable.

To send the NtK, the parking company must request the Keeper's data from the DVLA. This request breaches your GDPR rights under the Data Protection Act because it violates the KADOE contract, as the parking company lacks a lawful basis to issue Parking Charge Notices (PCNs) if your lease or tenancy agreement has supremacy of contract.
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nosquirrels

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Re: Received PCN for parking in our own flat's car park
« Reply #31 on: December 15, 2024, 02:45:33 pm »
Wow I did not know that. Has anyone actually successfully litigated this issue? It seems that this would make the job of parking companies pretty much impossible if you simply do not reply to the NtD.
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mickR

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Re: Received PCN for parking in our own flat's car park
« Reply #32 on: December 15, 2024, 02:56:53 pm »
not exactly. if the parking Co "FULLY" complies with the requirements Pofa 2012 then you would appeal accordingly. their reply may or may not then open other avenues for cancellation of the pcn.
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b789

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Re: Received PCN for parking in our own flat's car park
« Reply #33 on: December 15, 2024, 03:54:59 pm »
This "issue" has been litigated many times. Rarely does a claim in matters such as this ever end well for the Claimant.

Irrespective of whether the operator fully complies with PoFA, their application for the Keeper's data from the DVLA is not automatically lawful. If the management company or landowner's contract with the operator breaches the overriding contractual rights of the lease, the contract is invalid, and the operator has no right to obtain the Keeper's data from the DVLA.
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