Private NI parking — no IPC/BPA AOS access to DVCSD; data unlawfully obtained
Private parking operators must be members of an Accredited Trade Association (BPA AOS or IPC AOS) to obtain keeper data — but in NI keeper data sits in the Driver and Vehicle Computer Services Division (DVCSD), Coleraine, NOT DVLA Swansea. Some operators wrongly identify DVLA as the source for an NI vehicle. If keeper data was obtained from the wrong source, or without proper Reasonable Cause certification, the operator has unlawfully processed personal data and the charge is tainted.
Legal basis
Vehicle Excise and Registration Act 1994 s.22; Road Vehicles (Registration and Licensing) Regulations (NI) 1973; UK GDPR Art 6(1)(f); BPA/IPC Accredited Operator Scheme rules
How to identify this in your case
Subject Access Request the operator. Source of keeper data should be DVCSD Coleraine for NI vehicles. If it shows DVLA Swansea, raise unlawful processing.
Sample appeal wording
Dear Sir/Madam, Re: Parking charge [REF] — vehicle [VRM] (NI plate) Under Articles 15 and 17 of the UK GDPR I require disclosure of (a) the source of the registered keeper data, (b) the date of disclosure, and (c) the legal basis on which it was provided. NI vehicle data is held by the Driver and Vehicle Computer Services Division (DVCSD), Coleraine, not the DVLA Swansea. If data was obtained from the wrong source, or without Reasonable Cause certification under the AOS rules, the processing is unlawful and the charge is tainted by that illegality. I will refer the matter to the Information Commissioner. In any event, POFA Schedule 4 does not extend to Northern Ireland and you have no statutory keeper liability against me. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- legislation.gov.uk/ukpga/1994/22
- ico.org.uk
- BPA/IPC AOS rules