Parking company unlawfully obtained your details from DVLA
Parking companies and councils can only ask the DVLA for your name and address if they have a genuine, legally valid reason to do so. In Scotland, private parking companies cannot hold a registered keeper legally responsible for a parking charge the way they can in England and Wales — so if a company is pursuing you as the keeper of the vehicle, their reason for requesting your details from the DVLA may have no lawful basis at all. There are also rules about how many times your details can be looked up, and how long they can be kept (for example, no longer than two years after the matter is resolved under the main industry codes). If any of these rules were broken, you may be able to complain to the data protection regulator and claim compensation.
Legal basis
UK GDPR Article 5(1)(a)–(d), Article 6(1)(f), Article 82; Data Protection Act 2018 s.168; Roads (Scotland) Act 1984; RV(R&L) Regs 2002 reg 27; relevant ATA Code of Practice
How to identify this in your case
Private operator obtained your keeper details from DVLA for a Scottish-keeper parking claim that has no statutory basis. Or your details were retained or shared beyond what was necessary.
Sample appeal wording
Dear [OPERATOR], Re: PCN [PCN_NUMBER] — UK GDPR / DPA 2018 complaint and subject access request I have received your demand for £[AMOUNT] addressed to me as registered keeper of vehicle [VRN]. As I have explained separately, there is no legal basis in Scotland for keeper liability for private parking charges (POFA 2012 does not extend to Scotland; Part 8 of the Transport (Scotland) Act 2019 is not in force). It follows that your access to my registered keeper details from DVLA via KADOE was not necessary for any legitimate interest within UK GDPR Article 6(1)(f), because there is no enforceable interest in pursuing me as keeper. Your processing of my personal data is therefore unlawful within UK GDPR Article 5(1)(a) and the Data Protection Act 2018. Pursuant to Article 17 (right to erasure) I require you to: 1. Erase all my personal data from your systems within 30 days; 2. Notify any third parties (debt collectors, ATA Trade Association, KADOE) of the erasure; 3. Confirm in writing that no further processing will occur. I also make a subject access request under Article 15 for all personal data you hold concerning me, including the legal basis recorded for KADOE access; I expect a response within 30 days. Failure to comply will result in a complaint to the Information Commissioner's Office (Edinburgh office, ico.org.uk) and a claim for compensation under Article 82 / s.168 DPA 2018. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- UK GDPR
- Data Protection Act 2018
- DVLA KADOE Code of Practice