OPC Private Parking Tickets

[neil24103]

all private tickets are unenforcable. period.just tell them to feck off

[GuidoT]

Received another 4 tickets, 4 letters from Windsor Smythe relating to old tickets, 2 letters from OPC, I have responded with my generic letters saying that I will not be paying or ignored them.

 

It is all getting rather tedious.

 

Despite all the threats, they still have yet to commence proceedings.

[todd58]

hi guido got ticketed 2 day by ppc how long you been having this trouble ?

[GuidoT]

About three years.

[todd58]

3 years and they still on your case?

[GuidoT]

If you read this thread you will see why.

[GuidoT]

Received a letter from the lease company that one of tickets relates to which encloses a letter from OPC. The lease company did not charge us this time after the last debacle.

 

The lease company stated in their letter that they have passed our details onto OPC.

 

My question is can the lease company pass this information on (Lloyds TSB Autolease of all people) does the contravene the DPA or something else.

[pin1onu]

Received a letter from the lease company that one of tickets relates to which encloses a letter from OPC. The lease company did not charge us this time after the last debacle.

 

The lease company stated in their letter that they have passed our details onto OPC.

 

My question is can the lease company pass this information on (Lloyds TSB Autolease of all people) does the contravene the Data Protection Act or something else.

 

The answer is Yes. They are in breach of two key principles of the Data Protection Act in doing so.

 

1. Data may only be used for the specific purposes for which it was collected.

2. Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime). It is an offence for Other Parties to obtain this personal data without authorisation

 

They can't unless you specifically authorise them to. It's a different matter for PCNs/FPNs plus traffic related offenses as there are specific provisions in the various Road Traffic and Road Transport acts to cover these situations. I would check the wording of your lease agreement as you may have authorised them to pass your details to 3rd parties within that agreement (albeit inadvertently).

 

If there is no such agreement then it would appear that they have breached the Data Protection Act by making your details available to an un-authorised party.

 

I would put a letter to them quoting the Data Protection Act in particular

that "Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime). It is an offence for Other Parties to obtain this personal data without authorisation." As this is a civil matter there is no legitimate reason for the lease company to share your details.

 

You have grounds for claiming compensation from them. Visit the Information Commissioner's Office - ICO which is the information commissioners website for more information on making a claim.

[GuidoT]

Thank you for that.

 

In case you have not read back, I should mention that the car is leased by a Ltd company, would this make a difference? i.e. DPA not applying.

[patdavies]

Thank you for that.

 

In case you have not read back, I should mention that the car is leased by a Ltd company, would this make a difference? i.e. Data Protection Act not applying.

 

Yes it would.

 

The Data Protection Act only applies to personal data*. The name and address of a company cannot, by wny stretch of the imagination, be classed as personal data.

 

*(ie information that can lead to the identification of an individual)

 

As a limited company, you would need to refer to the contract to see if they can pass on data.

[GuidoT]

Thank for that PD.

 

I have agreed a compromise with the lease company that they will not charge me for forwarding the letters and they will advise OPC who the vehicle is leased to.

 

I would prefer that they did not advise OPC anything, but there is a clause in the lease agreement that arguably means that they can pass on this information or alternatively pay the ticket and recover that sum from me (or rather the firm).

 

Oh yes, a few more OPC tickets and few more letters this year already.

[Conniff]

Question Guido.

 

You say these are your bays and that you pay rent for them. Why can someone issue tickets on your bays unless you have asked or contracted them to do so. Surely it is up to you if you want to enforce someone else parking in your allocated bays. Also I assume you are parking in 'your' bay so why are you being targeted?

[GuidoT]

We lease the office and the bays. Of course we have not contracted with OPC.

 

The Landlord (through their managing agent) contracts with OPC to 'control' and issue unlawful tickets for the entire car park.

[Conniff]

Ah right - continue to tell them to get stuffed then. I would take action when you have enough tickets to wallpaper the hallway.

 

What makes him target you, have you not spoken to him while he is issueing tickets?

[GuidoT]

Received a claim form today from OPC relating to a ticket issued in December 2006.

 

Windsor-Smythe wrote to me at the beginning of August 2007 stating they would commence proceedings at the end of that month and then wrote again a month later saying they would commence proceedings.

 

I should mention that the claim form lacks a court seal, they have given me until the end on the month to pay.

 

This would be an amusing ticket to pursue as they have even sent me a photograph of the car parked in one of our bays that we pay for. No loss I think.

 

More hot air than a hair drier.

[legaladviser]

Received a claim form today from OPC relating to a ticket issued in December 2006.

 

Windsor-Smythe wrote to me at the beginning of August 2007 stating they would commence proceedings at the end of that month and then wrote again a month later saying they would commence proceedings.

 

I should mention that the claim form lacks a court seal, they have given me until the end on the month to pay.

 

This would be an amusing ticket to pursue as they have even sent me a photograph of the car parked in one of our bays that we pay for. No loss I think.

 

More hot air than a hair drier.

They could have committed an offence if they have tried to trick you into believing that this is a genuine claim form.

Section 40 of the Administration of Justice Act:

1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
   • utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

[GuidoT]

I am going to leave it a few weeks so that it is clear that they have no intention of filing the claim form at court - you never know.

 

I have prepared a schedule of all the tickets and letters (a lever arch file) to demonstrate harassment pursuant to 40 (a) of the AJA 1970 and then I am going to the police station with it.

[todd58]

3 years and they still on your case?

just got my "invoice " from ukpc £ 80 hahaha hope they get it:p

[todd58]

whats the survey about guido

[GuidoT]

Maybe you can tell me where I refer to a survey?

[Michael Browne]

Maybe you can tell me where I refer to survey?

Signature??

[GuidoT]

MB - there I was thinking you were going to offer me some words of wisdom relating to my tickets.

 

If you click on my signature which is this CAG Member Survey - One of our members would like your help it will take you to it and the related information.

 

I disable signatures to remove the clutter, so it did not occur to me what todd58's question meant.

[GuidoT]

Still no sealed claim form.

 

But since my last post I have received 8 WS letters, including another unsealed claim form and 1 OPC letter.

 

Once a little further time has passed such that I can show they have no intention of issuing the claim form(s) I will go to the police.

[tomterm8]

I would advise contacting the police, with the unsealed claim form, and informing them that you believe it is a criminal offence to send such a document under the Administration Of Justice Act 1970.

 

If they refuse to investigate, then complain to the chief officer on duty, and make sure you write down police names / number for your complaint to the Independant Police Complaints Commision

[GuidoT]

Cheers TT8 I must get my lazy self down to the station.

 

It is most odd, I usually receive letter(s) every other day, however nothing for around 2.5 weeks now.

 

Maybe they are saving up their energy for the sealed claim form.