Author Topic: Parking Eye PCN - parking in England, keeper lives in Scotland - & possible non-compliance with POFA Sch 4  (Read 672 times)

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carriep

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When Parking Eye acknowledged receiving my appeal, they said "a full written response may take up to 28 days". More than 35 days have now passed.

b789

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What method did you use to send the appeal? Their Webform or Royal Mail?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

carriep

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What method did you use to send the appeal? Their Webform or Royal Mail?
I used their webform. They emailed me a dated acknowledgement. Since if they're reading this they must know who I am, I can say the date of it which was 19 February. Then I got an email from them on 5 March (which I reported here) saying my appeal had "been referred for further information" in which they said I "should" tell them the name and address of the driver. But they didn't say they expected to fail to meet their 28 day backstop. We're already on 38 days.
« Last Edit: March 29, 2025, 08:50:44 am by carriep »

b789

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You can take the tin foil hat off. No-one from Parking Eye will be reading this trying to figure out who you are. Even if there was someone, what do you imagine they can do? ParkingEye issue many thousands of PCNs every single day. There is no dark room filled with computer screen and a load of hooded youths scouring the internet for peoples comments in order to do, I don't know whatever it is you imagine they do.



How did you submit the formal complaint and on what date did you submit it?

I suggest you send the following to ParkingEye:

Quote
Subject: Formal Notification: Matter Now Being Escalated to DVLA and BPA

Dear ParkingEye Complaints Team,

This is to formally notify you that, due to your failure to provide any final response to my appeal submitted on 19 February 2025, and your failure even to acknowledge my formal complaint submitted on 7 March 2025, the matter is now being escalated.

You are in breach of BPA/IPC Private Parking Single Code of Practice (PPSCoP), specifically:

• Section 8.4.1 – requiring a full response to appeals within 28 days; and
• Section 11.3 – requiring acknowledgement of complaints within 14 days and a full response within 28 days.

In view of these breaches, I am now filing:

• A formal complaint with the DVLA Data Sharing Team, reporting your unlawful use of my keeper data and breach of your KADOE contract by issuing a Notice to Keeper in Scotland containing a PoFA warning; and
• A formal complaint with the British Parking Association (BPA), detailing your non-compliant conduct and failure to adhere to the PPSCoP and membership obligations.

This notification is for your records. No further correspondence is required unless it is a full and final response addressing all the points raised in my complaint dated 7 March 2025.

Yours sincerely,

[Your Full Name]
Registered Keeper
[PCN Reference]

Here’s how to make a DVLA complaint:

• Go to: 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.

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:

I am submitting a formal complaint against [INSERT PPC NAME], an [INSERT IPC or BPA] 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.

Then you could upload the following as a PDF file for the formal complaint itself:

SUPPORTING STATEMENT

Complaint to DVLA – Breach of KADOE Contract and PPSCoP

Operator name: [INSERT PPC NAME]
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.

Although the parking company 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, [INSERT PPC NAME] has breached the PPSCoP in the following ways:

[INSERT A SHORT SUMMARY OF THE BREACH(ES), e.g. failure to follow grace periods, misleading notices, refusal to engage with a complaint, pursuing a charge despite having evidence of disability or mitigation, etc.]

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:

• Confirming that a breach has occurred
• Taking enforcement action against the operator
•Suspending or terminating their KADOE access if warranted

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]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

carriep

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Thanks.

I submitted the complaint on 6 March through their webform and they emailed me acknowledging receipt.

C

b789

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SO, just edit the dates as necessary and send the message. Also, make the formal DVLA complaint.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

carriep

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SO, just edit the dates as necessary and send the message. Also, make the formal DVLA complaint.

What do you suggest for here?

Quote
"INSERT A SHORT SUMMARY OF THE BREACH(ES), e.g. failure to follow grace periods, misleading notices, refusal to engage with a complaint, pursuing a charge despite having evidence of disability or mitigation, etc.]"

b789

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Quote
ParkingEye has breached the Private Parking Single Code of Practice (PPSCoP) and its KADOE contract by issuing a Notice to Keeper (NtK) to a Scottish keeper containing a false statement that the keeper is liable under the Protection of Freedoms Act 2012 (PoFA). PoFA does not apply in Scotland, and therefore keeper liability cannot be enforced.

Section 8.1.1(d) of the PPSCoP prohibits parking operators from including PoFA warnings on NtKs sent to addresses in Scotland. ParkingEye’s conduct is misleading, unlawful, and in breach of consumer protection law. They have misused DVLA data by pursuing enforcement action based on legislation that does not apply, and this constitutes a breach of the KADOE contract, which requires compliance with the PPSCoP and the lawful use of keeper data.
« Last Edit: March 29, 2025, 06:00:53 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

carriep

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Quote
ParkingEye has breached the Private Parking Single Code of Practice (PPSCoP) and its KADOE contract by issuing a Notice to Keeper (NtK) to a Scottish keeper containing a false statement that the keeper is liable under the Protection of Freedoms Act 2012 (PoFA). PoFA does not apply in Scotland, and therefore keeper liability cannot be enforced.

Section 8.1.1(d) of the PPSCoP prohibits parking operators from including PoFA warnings on NtKs sent to addresses in Scotland. ParkingEye’s conduct is misleading, unlawful, and in breach of consumer protection law. They have misused DVLA data by pursuing enforcement action based on legislation that does not apply, and this constitutes a breach of the KADOE contract, which requires compliance with the PPSCoP and the lawful use of keeper data.

Thanks!

I have now submitted the following to Parking Eye:

Quote
Formal Notification: Matter Now Being Escalated to DVLA and BPA

Dear ParkingEye Complaints Team,

Reference: Parking Charge Notice - [***]

This is formal notification that, due to your failure to provide a final response to myappeal submitted on 19 February 2025, and your non-reply to my complaint submitted on 6 March 2025, the matter is now being escalated.

You are in breach of BPA/IPC Private Parking Single Code of Practice (PPSCoP), specifically:

• Section 8.4.1 – requiring a full response to appeals within 28 days.

In view of this breach, I am now filing:

• A formal complaint with the DVLA Data Sharing Team, reporting your unlawful use of my keeper data and breach of your KADOE contract by issuing a Notice to Keeper in Scotland containing a PoFA warning; and

• A formal complaint with the British Parking Association (BPA), detailing your non-compliant conduct and failure to adhere to the PPSCoP and membership obligations.

This notification is for your records. No further correspondence is required unless it is a full and final response addressing all the points raised in my complaint dated 6 March 2025.

Note that as before I have ticked the boxes only because you have configured your software not to accept communications from a person who does not tick them. My ticks do not indicate acceptance of what you have written by the boxes.

Yours sincerely,

[***]
Registered Keeper
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carriep

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And I have submitted this to the DVLA:

Quote
I am submitting a formal complaint against PARKINGEYE, a BPA 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.

...with this supporting statement:

Quote
SUPPORTING STATEMENT

Complaint to DVLA – Breach of KADOE Contract and PPSCoP

Operator name: PARKINGEYE
Date of PCN issue: 5 FEBRUARY 2025
Vehicle registration: [***]
I am submitting this complaint to report a misuse of my personal data by PARKINGEYE, who obtained my keeper details from the DVLA under the KADOE (Keeper At Date Of Event) contract.

Although the parking company 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, PARKINGEYE has breached the PPSCoP in the following ways:

ParkingEye has breached the Private Parking Single Code of Practice (PPSCoP) and its KADOE contract by issuing a Notice to Keeper (NtK) to a keeper resident in Scotland containing a false statement that the keeper is liable under the Protection of Freedoms Act 2012 (PoFA). PoFA does not apply in Scotland, and therefore keeper liability cannot be enforced.

Section 8.1.1(d) of the PPSCoP prohibits parking operators from including PoFA warnings on NtKs sent to addresses in Scotland. ParkingEye’s conduct is misleading, unlawful, and in breach of consumer protection law. They have misused DVLA data by pursuing enforcement action based on legislation that does not apply, and this constitutes a breach of the KADOE contract, which requires compliance with the PPSCoP and the lawful use of keeper data.
These is not a minor or technical breach. This shows 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:
• Confirming that a breach has occurred
• Taking enforcement action against the operator
• Suspending or terminating their KADOE access if warranted

This is the supporting material I am submitting. Please confirm receipt and provide a reference for this complaint.

Name: [***]

Date: 29 MARCH 2025

I have now received acknowledgements both from Parking Eye and the DVLA.
« Last Edit: March 29, 2025, 09:26:00 pm by carriep »
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carriep

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Well, well, look at this email I have received today from Parking Eye Complaints Team, 28 days after they received my complaint of 6 March. (It's also five days after they received my complaint, to which they assigned a different number, on 29 March, but in this email it's only the 6 March complaint that they quote from.)

It seems likely they've never had a person tell them before that he or she is only ticking their boxes because their software requires it.

Time to complain to the BPA, or notify the DVLA, or both?

Quote
Dear [***],

We note from your correspondence that you do not agree to the Complaints Policy or our Privacy Policy. As such, we will be unable to process your complaint. We can confirm that your correspondence will be deleted following this response being issued. If you would like Parkingeye to process your complaint, you must confirm your agreement to our Complaints Policy and Privacy Policy. This is a requirement to ensure that we comply with our obligations under UK GDPR.

Kind regards,

Parkingeye Complaints Team


This again is what I said at the end of my complaint:

Quote
"Last, I have clicked on your two buttons saying "I have read the complaints policy and understand that any appeals/dissatisfaction relating to a Parking Charge will not be dealt with via this process" and "I have read the Privacy Policy relating to "special category" personal data and I understand the types of information that would be considered sensitive. Should I choose to explicitly disclose information within my complaint that would be considered sensitive, either within the complaint detail or within documents I attach, then I consent to the Parkingeye Complaints Team processing this information as outlined in the Privacy Policy." The only reason I clicked was because you have configured your software not to accept complaints if a complainant does not click. Please note that I do not accept what is stated here. You are not a public body and I do not have any kind of contract with you or obligation to you, nor do I grant you any rights."
« Last Edit: April 03, 2025, 11:17:11 am by carriep »

carriep

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How do I complain to the BPA and what should I say, now that Parking Eye have exhausted their complaints procedure by refusing to process my complaint?

And I haven't heard back about the appeal after more than 6 weeks either.

b789

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You send the following response to ParkingEye:

Quote
Subject: Re: Refusal to Process Complaint – Misuse of Privacy Policy as Obstruction

Dear ParkingEye Complaints Team,

Thank you for your response. However, your refusal to process my complaint on the grounds that I did not “agree” to your Privacy Policy or Complaints Policy is wholly misconceived.

I explicitly stated that I clicked the consent boxes under protest, solely to enable submission of my complaint. That act does not equate to agreement, particularly where you have configured your system to reject complaints unless those boxes are ticked, thereby rendering consent not freely given and invalid under UK GDPR.

Your Privacy Policy does not and cannot override statutory obligations under:

1. The UK General Data Protection Regulation (GDPR)
2. The Data Protection Act 2018
3. The BPA/IPC Private Parking Single Code of Practice (PPSCoP), including sections 8.4.1 and 11.3
4. Your contractual obligations under your DVLA KADOE agreement

You issued a Notice to Keeper to a Scottish address containing a PoFA warning that has no legal application. You then failed to respond to a valid appeal submitted on 19 February 2025 and ignored my formal complaint of 7 March 2025. When a reminder was sent, your only response was to inform me that you would delete my complaint — an extraordinary stance in breach of your obligations as a BPA member and data controller.

I now give notice that unless you confirm within 5 working days that:

1. My appeal has been processed and a full response issued;
2. My formal complaint has been logged and will be handled in accordance with section 11.3 of the PPSCoP; and
3. My personal data will not be deleted pending resolution of the matter

I will escalate the matter to:

• The DVLA Data Sharing Team, citing unlawful use of my keeper data and breach of your KADOE contract
• The British Parking Association (BPA), citing non-compliance with the PPSCoP and improper obstruction of the complaints process
• The Information Commissioner’s Office (ICO), citing refusal to comply with Articles 5 and 6 of the UK GDPR and unjustified data deletion

No further deflection will be accepted. If you persist in refusing to process my complaint, I will ask the relevant authorities to determine the matter.

Yours faithfully,

[Name]
Keeper of vehicle registration: [XXX]

I am assuming you have already sent the DVLA complaint. Do you think you are capable of putting together a formal complaint to the BPA yourself?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

carriep

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Thanks. You don't have to "asssume" I sent the DVLA complaint, because I already said I'd sent it.

I've now sent what you drafted here, minus the threat to complain to the DVLA which has already been done.

I thought you might have a template for contacting the BPA. No point in duplicating effort if so.

You send the following response to ParkingEye:

Quote
Subject: Re: Refusal to Process Complaint – Misuse of Privacy Policy as Obstruction

Dear ParkingEye Complaints Team,

Thank you for your response. However, your refusal to process my complaint on the grounds that I did not “agree” to your Privacy Policy or Complaints Policy is wholly misconceived.

I explicitly stated that I clicked the consent boxes under protest, solely to enable submission of my complaint. That act does not equate to agreement, particularly where you have configured your system to reject complaints unless those boxes are ticked, thereby rendering consent not freely given and invalid under UK GDPR.

Your Privacy Policy does not and cannot override statutory obligations under:

1. The UK General Data Protection Regulation (GDPR)
2. The Data Protection Act 2018
3. The BPA/IPC Private Parking Single Code of Practice (PPSCoP), including sections 8.4.1 and 11.3
4. Your contractual obligations under your DVLA KADOE agreement

You issued a Notice to Keeper to a Scottish address containing a PoFA warning that has no legal application. You then failed to respond to a valid appeal submitted on 19 February 2025 and ignored my formal complaint of 7 March 2025. When a reminder was sent, your only response was to inform me that you would delete my complaint — an extraordinary stance in breach of your obligations as a BPA member and data controller.

I now give notice that unless you confirm within 5 working days that:

1. My appeal has been processed and a full response issued;
2. My formal complaint has been logged and will be handled in accordance with section 11.3 of the PPSCoP; and
3. My personal data will not be deleted pending resolution of the matter

I will escalate the matter to:

• The DVLA Data Sharing Team, citing unlawful use of my keeper data and breach of your KADOE contract
• The British Parking Association (BPA), citing non-compliance with the PPSCoP and improper obstruction of the complaints process
• The Information Commissioner’s Office (ICO), citing refusal to comply with Articles 5 and 6 of the UK GDPR and unjustified data deletion

No further deflection will be accepted. If you persist in refusing to process my complaint, I will ask the relevant authorities to determine the matter.

Yours faithfully,

[Name]
Keeper of vehicle registration: [XXX]

I am assuming you have already sent the DVLA complaint. Do you think you are capable of putting together a formal complaint to the BPA yourself?

carriep

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Can someone more experienced than I am draft me up a complaint to the BPA, given I will be spending about 14 hours a day fulfilling caring responsibilities for two different family members over the next three weeks.

Many thanks if someone can!



Carrie