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New IPC code of practice weakens data protection levels

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The IPC has released version 6 of their code of practice.

Previously the IPC claimed that data protection was very important to them.

Old
Part C: 1.9 Any Keeper Data supplied to you must be handled and processed strictly in accordance with all applicable legal directions.

Part C: 1.10 Failure to abide by any applicable laws relating to data handling is viewed seriously by the IPC and will be considered a serious issue of non-compliance.

However, now that a number of parking companies have been found by the courts to be in violation of data protection laws, this rule is no longer convenient, and so has been ditched. It is now no longer compulsory to abide by the legal requirements. Any violation is now no longer automatically an issue, and even if it is, has been downgraded from a serious issue to a normal issue.

New
Part C: 1.9 Any Keeper Data supplied to you should be handled and processed strictly in accordance with all applicable legal directions.

Part C:1.10 Failure to abide by any applicable laws relating to data handling may be considered an issue of non-compliance.
The debt collection limit of £60 has been removed.
Removed
Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £60 (inclusive of VAT where applicable) unless Court Proceedings have been initiated.

The new code also removes protection from motorists facing court proceedings.
Removed
Before issuing court proceedings on any unpaid parking charge which is over 12 months old, the operator must first perform a suitable check of the defendant’s last known address.
Obviously it was proving far too inconvenient for Simon Renshaw-Smith to comply with the address checking requirement as he continues his quest to file claims for thousands of years old parking charges for Excel and VCS, This requirement therefore goes into the Will Hurley dustbin of fame as the IPC continue their relentless march to remove inconvenient requirements from their code of practice.

This was an important protection because many motorists find they have CCJs because they have been issued court proceedings at old addresses.

The MOJ issued a consultation on this matter in December 2016.

The government has today (23 December 2016) announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses.
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And the Department for Communities and Local Government will be taking further steps in due course to tackle poor practice by private parking companies.

Will Hurley obviously did not feel it necessary to wait long before thumbing his nose at the government on this matter.

Happy Parking

The Parking Prankster





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