Author Topic: Uxbridge industrial estate  (Read 2732 times)

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Re: Uxbridge industrial estate
« Reply #15 on: »
Got a replay from the DVLA

They are claiming PPS have said they haven’t got an appeal from me

Please see their response in the attachment

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Re: Uxbridge industrial estate
« Reply #16 on: »
When you emailed the formal complaint and the follow up letter to PPS, did you CC in yourself? If so, do you have those emails that you received from yourself? They are indisputable proof that you sent them to PPS's published email address.

You now escalate this to a Step 2 complaint to the Head of Complaints at the DVLA. The only difference to the previous complaint is that you now go to this url to submit the Step 2 complaint:

https://contact.dvla.gov.uk/head-of-complaints

For the text part of the complaint the webform could use the following:

Quote
I am submitting a formal escalation under Step 2 of the DVLA’s complaints procedure regarding my original complaint (submitted 25 April 2025) concerning misuse of my personal data by Private Parking Solutions (London) Ltd.

The Step 1 response I received on 30 April 2025 contains a material inaccuracy: it states that "Private Parking Solutions (London) Ltd have confirmed that no appeal was made by yourself."

This is demonstrably false.

I submitted a formal complaint, which under Section 11.2 of the Private Parking Single Code of Practice (PPSCoP) must be treated as an appeal. I also sent a follow-up email. I have timestamped and CC’d copies of both emails, and can confirm they were delivered to the correct published contact address for PPS.

Despite this, PPS continued enforcement action and issued a further reminder without responding, in breach of the PPSCoP. This amounts to unlawful use of DVLA data, and now also includes a misrepresentation by the operator to a government agency.

I am attaching a detailed supporting statement with evidence, including the emails sent, the NtK and the reminder letter.
Please investigate the issue properly and confirm whether the DVLA will now take enforcement steps under the KADOE contract for this clear breach and misrepresentation.

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

Quote
Complaint to DVLA – Step 2 Escalation

Operator name: Private Parking Solutions (London) Ltd
Date of PCN issue: 12 March 2025
Vehicle registration: [INSERT VRM]
Original complaint submitted: 25 April 2025
Step 1 response received: 30 April 2025

This is a formal Step 2 escalation under the DVLA’s complaints procedure. The Step 1 response issued on 30 April 2025 failed to address the core elements of my complaint and instead relied on a misleading and factually incorrect statement from Private Parking Solutions (London) Ltd. The DVLA accepted, without verification, the operator’s claim that “no appeal was made by yourself”. That claim is demonstrably false and is now evidenced with this Step 2 submission.

On 22 March 2025, I submitted a formal complaint to Private Parking Solutions (London) Ltd by email, which under Section 11.2 of the Private Parking Single Code of Practice (PPSCoP) must be treated as an appeal. I followed up with a second email when no response was received. The operator ignored both communications and instead issued a reminder letter dated 11 April 2025. I hold timestamped, CC’d copies of both emails.

The DVLA’s Step 1 response failed to address the actual basis of my complaint, which was that the operator has used DVLA-supplied data unlawfully by:

• Issuing a Notice to Keeper that does not comply with PoFA 2012,
• Falsely asserting that keeper liability applies,
• Ignoring a formal complaint/appeal in breach of Sections 11.2 and 11.3.1 of the PPSCoP,
• Continuing enforcement despite the complaint being unresolved,
• Making a false statement to the DVLA that no appeal was received.

Rather than investigating these points, the Step 1 response provided a boilerplate explanation about the lawful release of data to ATA members and redirected me to the BPA, despite my complaint being about post-access misuse of data—not the initial request. This is a wholly inadequate response.

The DVLA is the Data Controller for keeper data released under KADOE. It is not enough to say that operators are members of an ATA. The PPSCoP is incorporated into the KADOE contract, and continued access is conditional on compliance. Once an operator breaches that Code, as has occurred here, their use of the data becomes unlawful. The DVLA’s obligation as Data Controller is to investigate misuse, especially when it continues after notification.

Private Parking Solutions (London) Ltd has clearly breached the Code of Practice and misused my personal data. Worse still, they have misled the DVLA. The Step 1 response failed to consider this, failed to verify basic facts, and failed to fulfil the DVLA’s own oversight obligations under the UK GDPR and the Data Protection Act 2018.

I am now requesting a proper investigation at Step 2. The evidence proves that correspondence was sent and ignored. This renders the operator’s continued use of my data unlawful and the false representation to the DVLA an aggravating factor. I ask the DVLA to take action under the KADOE contract and to confirm what steps will be taken, including warning, suspension, or termination of access.

Attached:

• Copy of formal complaint email sent 22 March 2025 (CC’d copy)
• Copy of follow-up email [INSERT DATE] (CC’d copy)

Name: [INSERT YOUR NAME]
Date: [INSERT TODAY'S DATE]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Uxbridge industrial estate
« Reply #17 on: »
I’ve double checked and I have all the emails with myself CCd in and all the the correct email address’s

Do I need to attach the original the email or just copy and paste the text from it into the PDF I’ll create for this response ?


Re: Uxbridge industrial estate
« Reply #18 on: »
I think you can only attach a single file to upload, so I suggest you save them all as PDF files and then combine them into a single PDF using something like this free PDF tool:

https://www.pdf2go.com

You can then upload a single file with all the attachments combined within it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Uxbridge industrial estate
« Reply #19 on: »
Had a reply from PPS today from my formal complaint

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Re: Uxbridge industrial estate
« Reply #20 on: »
Their response confirms several critical points and contradictions that support your DVLA Step 2 escalation:

• PPS now admits that you did appeal: their responses refute their earlier claim (made to the DVLA) that “no appeal was received.”
• They insist a contract was formed by parking in a “no parking” zone, despite signage expressly stating no parking is allowed—a contradiction in terms and a well-established flaw in enforceability (as per PCM v Bull).
• They argue that a single timestamp is sufficient and that no period of parking is needed, directly contradicting the requirement in PoFA Schedule 4, para 9(2)(a) and the judgment in Brennan v Premier Parking Solutions (2023) [H6DP632H].
• They justify using a broad postcode location (UB8 2RZ) to cover multiple roads, although UB8 2RP was where the vehicle actually stopped. This supports your point about vague and inaccurate location data.

You now have conclusive evidence that PPS lied to the DVLA at Step 1 and did receive your appeal, and that they are now attempting to justify enforcement despite failing PoFA, using unlawful signage, and processing your data after breaching the PPSCoP.

Your complaint is no longer just about misuse of data—it is about:

• Dishonesty to a government agency (DVLA),
• Continuing enforcement using PoFA without compliance,
• Failure to acknowledge or respond to correspondence until later in the process, and
• Breach of Section 11.2 of the PPSCoP, as your original email was not treated as an appeal until they were forced into it.

Do you have a reference number for the Step 2 DVLA complaint? If so, you need to provide PPSs damning response to your formal complaint as evidence.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Uxbridge industrial estate
« Reply #21 on: »
Yes I got the case reference number for my second complaint to the DVLA

The DVLA hadn’t come back to me yet with any response

Re: Uxbridge industrial estate
« Reply #22 on: »
There should be an email address on the top right hand side of the reply from the complaints team that you would be able to send further information to.

You should send a copy of the damning response to that email address:

Quote
Supplementary Evidence – Step 2 Complaint re Private Parking Solutions (London) Ltd – [complaint reference number]

Dear Head of Complaints,

I am writing to provide supplementary evidence in support of my Step 2 complaint regarding misuse of my personal data by Private Parking Solutions (London) Ltd (PPS).

On 6 May 2025, PPS issued a formal written rejection of my appeal. This completely contradicts the statement they made to the DVLA, which claimed that “no appeal was made by yourself”. That assertion formed a central part of the Step 1 response and was evidently false.

The attached letter from PPS confirms beyond doubt that they did in fact receive, process, and internally consider the appeal I submitted—just as I had originally stated. This proves that PPS not only breached the PPSCoP by ignoring my initial complaint and continuing enforcement, but also knowingly misled the DVLA during an official data protection investigation.

This is not a minor discrepancy. It is now clear that PPS falsely denied receipt of an appeal in an attempt to avoid scrutiny for their misuse of DVLA data. Their behaviour calls into question their fitness to retain KADOE access.

I request that this newly received evidence be added to the record for my Step 2 complaint and that it be taken into account when determining whether a breach of the KADOE contract has occurred and whether enforcement action is now warranted.

yours faithfully,

[Your Full Name]
[VRM or PCN number if helpful for linking]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Uxbridge industrial estate
« Reply #23 on: »
DVLA have come back to me now

They don’t seem to want to do any action.

See attached

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Re: Uxbridge industrial estate
« Reply #24 on: »
Respond to that with the following:

Quote
Subject: Request for ICA Review – DVLA Complaints Case [INSERT DVLA REFERENCE]

Dear DVLA Complaints Team,

I am writing to formally request that my complaint be referred to the Independent Complaints Assessor (ICA), following your Step 2 response dated 20 May 2025.

I remain dissatisfied with how the DVLA has handled this matter. My complaint raised serious concerns about misuse of personal data by Private Parking Solutions (London) Ltd and the submission of false information to a government agency.

Specifically, PPS falsely claimed that no appeal had been received, which the DVLA accepted and relied upon in dismissing my Step 1 complaint. I later submitted a copy of PPS’s written appeal rejection dated 6 May 2025, which proves beyond doubt that PPS did receive, process, and respond to my appeal. Despite this, the Step 2 response failed to acknowledge the significance of the operator’s earlier false statement, and the case has been closed without proper accountability or enforcement under the KADOE contract.

Given that the DVLA is the Data Controller for keeper information released under KADOE, I believe the matter has not been properly investigated and the response was based on incorrect and misleading information.

I request that this matter now be referred to the Independent Complaints Assessor in accordance with published procedure.

Yours faithfully,

[YOUR FULL NAME]
[VRM / PCN number if applicable]
[DVLA reference number]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Uxbridge industrial estate
« Reply #25 on: »
Ok that’s done

Should I be making an appeal to popla ?

Think I’ve got around 14 left before my window closes.

Re: Uxbridge industrial estate
« Reply #26 on: »
You never received an appeal rejection with a POPLA code. Without a POPLA code, you can't make a POPLA appeal.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Uxbridge industrial estate
« Reply #27 on: »
When PPS rejected my official complaint they gave me a popla verification code within the letter

Re: Uxbridge industrial estate
« Reply #28 on: »
OK, I see it now. You have until 7th June to submit a POPLA appeal. Have a search on the forum fo4 other POPLA appeals to get a feel for how they are put together and start one yourself.

Don't submit anything until you've shown us so that we can give advice on any edits you need to make.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Uxbridge industrial estate
« Reply #29 on: »
I’ve had a go drafting something.



Appeal Against Parking Charge Notice (PCN) Issued by Private Parking Services
 

POPLA Reference: 
PCN Reference:
Vehicle Registration:
Date of Alleged Contravention:
 
This is an appeal by the Keeper of the vehicle, and I raise the following points for POPLA to consider:
 
 

1. Inadequate Location Description
2. No 'Period of Parking' Specified
3. Allegation is Prohibitive, Not Contractual
4. Failure to Identify the Creditor
5. Keeper Not Liable – Driver Not Identified
 

Grounds for Appeal:


1. Inadequate Location Description

The NtK states the location as:

"UXBRIDGE IND EST, Wallingford Rd, Salisbury Rd, Arundel Rd, UXBRIDGE, UB8 2RZ"

This is not a single identifiable site but rather a broad grouping of separate roads which extend well beyond any identifiable 'Ind Est'. Additionally, UB8 2RZ is not a postcode that covers all those roads—on the contrary, it relates to a specific location, whereas the alleged contravention occurred at a different postcode entirely (UB8 2RP). This fails to satisfy PoFA Schedule 4, paragraph 9(2)(a), which requires the notice to “specify the land on which the vehicle was parked”. A vague and potentially misleading group reference is not sufficient.

2. No 'Period of Parking' Specified

The NtK merely states a single timestamp. PoFA para 9(2)(a) requires that the NtK “specify the period of parking to which the notice relates”. A single moment in time does not evidence a period of parking. This principle was clearly addressed in Brennan v Premier Parking Solutions (2023) [H6DP632H], where the Judge held that a timestamp alone is insufficient to demonstrate a period of parking. Without a specified duration and certainly not less than the consideration period, the NtK fails to establish that any contravention occurred, and thus keeper liability cannot arise.

3. Allegation is Prohibitive, Not Contractual

The allegation is “Parking in a No Parking Area”. This denotes a clear prohibition, not a contractual term. As per the reasoning in PCM v Bull (2016) [B4GF26K6], prohibitive signage cannot form the basis of a contract, as it offers no consideration or terms capable of acceptance. As no contract could have been formed, there can be no breach of contract and therefore no keeper liability under PoFA.

4. Failure to Identify the Creditor

The NtK uses the phrase “We, the creditor, require payment...” without identifying who “we” refers to. This is in breach of PoFA paragraph 9(2)(h), which requires that the notice must identify the creditor—meaning the specific legal entity to whom any liability would be owed. A generic and ambiguous reference that could be either the landowner, their agent or the operator

5. Keeper Not Liable – Driver Not Identified

Since this land is not relevant under PoFA, the Keeper cannot be held liable.

Furthermore, the driver has not been identified, and there is no legal presumption that the Keeper was the driver. In VCS v Edward (2023), HHJ Gargan stated:

“Simply because somebody is the registered keeper does not mean, on balance of probability, they were driving…”

The operator has provided no evidence of who was driving. They cannot hold the Keeper liable and cannot prove driver liability either.


Conclusion

Inadequate location description fails to meet PoFA
The 5-minute consideration period was not exceeded. A single moment in time is not parking (Brennan)
Allegation is Prohibitive, Not Contractual (PCM v Bull)
Failure to Identify the Creditor
No driver has been identified — Keeper liability fails.
This PCN is invalid on multiple grounds. I request that POPLA uphold this appeal and instruct the operator to cancel it.