Free Traffic Legal Advice

Subject: Formal Complaint – Misrepresentation, Unlawful Threats, and GDPR Breach Warning 

To: BOC@liverpoolft.nhs.uk 
From: [INSERT EMAIL] 
Date: [INSERT DATE] 

Dear Sir/Madam, 

I am writing to formally lodge a complaint regarding your unlawful and misleading “Legal Notice of Breach of Contract” placed on my vehicle, [INSERT REGISTRATION]. This complaint is submitted under your NHS Trust’s official complaints procedure, and I require a full written response within the timeframe dictated by NHS complaints policies.

1. Misrepresentation of a Penalty Charge Notice (PCN)

The envelope affixed to my vehicle was marked “Penalty Charge Notice,” yet the enclosed document refers to a breach of contract. This is a deliberate and misleading attempt to imply that the notice is a statutory fine, which it is not. 

By misrepresenting a civil parking charge as a Penalty Charge Notice (PCN), your Trust has engaged in unlawful conduct. This may constitute misfeasance in public office, as you have falsely implied statutory powers that your NHS Trust does not possess. 

I will be escalating this issue to NHS England for a full review of your Trust’s parking enforcement policies.

2. Unlawful Threat to Obtain DVLA Keeper Data

Your letter states:

Quote

“The Trust and its Agents reserve the right to approach the D.V.L.A. in order to establish the details of the current keeper of a vehicle.”

 
This statement is legally baseless. Your NHS Trust is not a local authority and has no lawful power to request DVLA keeper details for private parking enforcement. Furthermore, Liverpool University Hospitals NHS Foundation Trust is not an accredited member of the British Parking Association (BPA) or the International Parking Community (IPC), meaning the DVLA cannot lawfully release keeper data to you.

If you have already accessed my personal data without a lawful basis, you will have committed a serious breach of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

- I will be reporting this matter to the DVLA Vehicle Record Enquiries Team for investigation. 
- I will also be submitting a formal complaint to the Information Commissioner’s Office (ICO), which has the power to fine public bodies that misuse personal data.

3. Freedom of Information (FOIA) Request and MP Involvement

To ensure full transparency, I will be making a Freedom of Information (FOIA) request to your Trust demanding:

- A full list of any instances where you have accessed DVLA data. 
- The legal basis under which you believe you are entitled to request such data.  - Any agreements you have with private parking companies relating to enforcement.

Furthermore, I will be asking my Member of Parliament to write to your Trust demanding a full explanation of why you are misrepresenting your authority and unlawfully threatening access to DVLA data. You should expect a formal Parliamentary inquiry into your practices.

4. No Keeper Liability – Case Must Be Closed Immediately

This is a private parking matter, and only the driver is liable under contract law. As the Protection of Freedoms Act 2012 (PoFA) does not apply, you have:

- No authority to pursue the registered keeper. 
- No legal power to compel me to identify the driver. 
- No enforceable claim against me whatsoever.

There will be no admission as to who was driving and no inference or assumptions can be drawn. You are attempting to pursue this matter using unlawful and flawed contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. As I am under no legal obligation to identify the driver, I decline to do so.

That is the end of the matter. Any further attempts to demand payment from me as the keeper will constitute harassment and unlawful processing of data.

5. Formal Complaint – Required Response

This is an official complaint, and I require a formal written response addressing each of the points raised. Specifically, you must:

- Confirm that this charge has been immediately cancelled. 
- Provide a full written explanation for your misleading and unlawful conduct. 
- Confirm that my DVLA data has not been accessed and will not be accessed in the future.

Failure to respond appropriately will result in further regulatory complaints and legal escalation.

Finally, in answer to any further demands for payment, I refer you to the reply given in Arkell v Pressdram (1971).

Yours faithfully,

[INSERT NAME]
Registered Keeper