British Parking Association put up the shutters for Brexit. Address for service in Germany 'not acceptable'

It appears the British Parking Association (BPA) are ready to seal off the UK from the rest of the world as this MSE thread shows.

BusyBee1904 received a notice to keeper from NCP for a parking event. As they were not the driver, they discharged their responsibility by providing the name and address of the driver, who lived in Germany.

Here is where things got a little weird. NCP refused to accept the address, and continued to chase BusyBee1904 for the parking charge. BusyBee1904 therefore filed a complaint with the British Parking Association who came up with this perposterous response.

"I am advised that a name and full address was provided for the driver, however, as the person concerned is a resident of Dusseldorf, outside of the UK, the operator was unable to accept that as a serviceable address. Schedule Four of the Protection of Freedoms Act 2012 requires a serviceable address to be supplied in order to transfer liability. As none has been supplied, the liability has reverted back to the Registered Keeper in accordance with the legislation."

Here is the requirement from the Protection of Freedoms Act, 2012 (POFA).

5 (1) The first condition is that the creditor [...] is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and

a current address for service for the driver.

So what is a "current address for service"? Well, that is conveniently defined at the beginning of the Act, in paragraph 2(1). 

“current address for service” means [...] in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

As the address where the driver resides has been supplied, a "current address for service" has clearly been supplied. The second condition has also clearly been met. For the benefit of the British Parking Association, the way to conveniently contact somebody living in Dusseldorf is via something those of us in the know call a "letter". You pop this "letter" in an "envelope", write the address on the outside and stick on a prepaid delivery charge those of us in the know call a "stamp".

Apparently some intrepid company called the Royal Mail is prepared to venture outside the scary boundaries of the United Kingdom for the princely sum of £1.05. Simply take this "letter" to them and they will do the rest.

The Prankster understands that the BPA might not yet have progressed beyond carrier pigeon, and that the attrition rate of these is unacceptably high across the channel. He is happy to advance parking knowlege several centuries and introduce the BPA and their clients to the heady delights of the "post". 

No charge has been made for this educational service.

Prankster Notes

Here is what Practice Direction 6 says about a legal "address for service"

Service of the claim form where before service the defendant gives an address at which the defendant may be served

6.8  Subject to rules 6.5(1) and 6.7 and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision –

(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK or any other EEA state and which the defendant has given for the purpose of being served with the proceedings...

It does therefore seem strange that the British Parking Association has chosen to refine "address for service" in a manner which neither complies with POFA or with the legal definition from practice directions.

The Prankster therefore recommends that anyone in a similar position raises complaints to the DVLA and the IOC, and also considers making a claim against the parking company for harassment and breach of the Data Protection Act. From May 2018, a data protection breach can cost a company €20 million or 4% of annual global turnover and therefore this is a very useful tool to use against parking companies wilfully ignoring the law and data protection requirements.

Dear DVLA,

I wish to raise a complaint about NCP. They are pursuing me for keeper liability. However, I have provided them with the name and address of the driver, who lives in Germany.

I refer you to the Protection of Freedoms Act, 2012 (POFA), paragraph 2(1).“current address for service” means [...] in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

As the driver both resides and can be conveniently contacted at the address given, it is clear that keeper liability no longer applies.

I have also contacted the British Parking Association, who incorrectly stated that keeper liability still applied.

Please therefore take the appropriate corrective action against both NCP and the BPA, and keep me informed of your progress.

Dear ICO,

I wish to raise a complaint about NCP. They are breaching the first principle of the data protection act 1998 by using my personal data in a manner which is neither fair nor lawful.

They are pursuing me for a parking charge under the keeper liability provisions of the Protection of Freedoms Act 2012. However, I was not the driver, and I have discharged my responsibilities under the act by providing the name and address of the driver, who lives in Germany.

I refer you to the Protection of Freedoms Act, 2012 (POFA), paragraph 2(1).“current address for service” means [...] in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

As the driver both resides and can be conveniently contacted at the address given, it is clear that keeper liability no longer applies.

They are therefore using my personal data in a manner which is both unfair and unlawful by using it to pursue myself for the parking charge.

Although "address for service" is defined explicitly in POFA, I also refer you to practice direction 6.8, which also makes is clear that even if it had not been, a lawful address for service can in any case be anywhere in the EAA

Service of the claim form where before service the defendant gives an address at which the defendant may be served

6.8  Subject to rules 6.5(1) and 6.7 and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision –

(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK or any other EEA state and which the defendant has given for the purpose of being served with the proceedings.

Dear NCP

Letter before claim

I wish to raise a complaint about your actions. You are breaching the first principle of the data protection act 1998 by using my personal data in a manner which is neither fair nor lawful.

You are pursuing me for a parking charge under the keeper liability provisions of the Protection of Freedoms Act 2012. However, I was not the driver, and I have discharged my responsibilities under the act by providing the name and address of the driver, who lives in Germany.

I refer you to the Protection of Freedoms Act, 2012 (POFA), paragraph 2(1).“current address for service” means [...] in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

This is therefore a breach of the first data protection principle, which states data must be used fairly any lawfully. The data protection act provides that damages can be claimed if a breach occurs.

Your continued actions are causing me stress and distress, and this therefore also constitutes harassment under the Protection from Harassment Act 1997.

I therefore request that you immediately confirm you will no longer pursue this parking charge, and invite your offer to cover reasonable damages.

If you fail to reply within 14 days I reserve the right to take legal action. I am open to appropriate alternative dispute resolution. Please therefore also view this as a challenge to the parking charge, and issue me with a POPLA code.  

The Prankster has previous blogged that POPLA view an address for service as valid even if it is abroad.

http://parking-prankster.blogspot.co.uk/2014/07/popla-rule-address-for-service-can-be.html

Happy Parking

The Parking Prankster