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ECP Appeal Rejected after following MSE Advice
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I know I am being like a dog with a bone here... I just find it a farce .. bearing in mind the planning application thing previously posted (clearly not to issue PCN's at this site !!) - would you go for breach of DPA and complaint to Warrington Borough Council Planning Department ?0
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If you are considering a data misuse claim, you have plenty of time, no rush. ECP don't sue people so you will only get a daft letter chain of demands this year, I predict.
To create evidence for any claim you would first need a complaint upheld by the Information Commissioner, but the first move would be the complaint to the Council I would say.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »If you are considering a data misuse claim, you have plenty of time, no rush. ECP don't sue people so you will only get a daft letter chain of demands this year, I predict.
To create evidence for any claim you would first need a complaint upheld by the Information Commissioner, but the first move would be the complaint to the Council I would say.
Okey dokey coupon-mad.... tonight's job then !0 -
Should ECP proceed to court, who would appear on behalf of POPLA to put the points they have made to the Judge when you join them in your case?
Ask them to forward contact details of the POPLA representative who will appear in the county court (hopefully you're miles away from Warrington, if so, state your nearest CC) - would that be Greg Byron, the actual POPLA Assessor who made the adjudication or John Gallagher himself? A bit of bluff, but as your request for a reassessment fell on stony ground, no harm in ruffling a few of their feathers with a tricky question to put them on the spot.
So here's the answer ....
Dear miss xx
As advised within my response b elbow, Popla is a one stage process and as we have completed thar process our involvement is now at an end.
Should you wish to dispute the validity of the parking charge notice then this is something for you to discuss with the parking operator.
ERR.... isn't that what POPLA are for ??!!!!0 -
So do POPLA not have any formal complaints procedure at all?
Can you argue that the procedural error is the fact that the assessor has made a mistake on the law in determining that the landowner contract granted the PPC the authority it relies on - evidenced by the fact that several other assessors have held that the landowner contract does NOT grant the PPC the authority it relies on.
It must be a procedural error for an assessor to make a mistake about the law, surely?
They owe you a duty of care to ensure that assessors are appropriately educated about the law, and to conduct appeals in a consistent manner. You could argue that this is another procedural error.
Tell them you will be making a formal complaint to your MP and copy your correspondence to the MP. They hate parliamentary complaints.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Loadsofchildren123 wrote: »So do POPLA not have any formal complaints procedure at all?
Can you argue that the procedural error is the fact that the assessor has made a mistake on the law in determining that the landowner contract granted the PPC the authority it relies on - evidenced by the fact that several other assessors have held that the landowner contract does NOT grant the PPC the authority it relies on.
It must be a procedural error for an assessor to make a mistake about the law, surely?
They owe you a duty of care to ensure that assessors are appropriately educated about the law, and to conduct appeals in a consistent manner. You could argue that this is another procedural error.
Tell them you will be making a formal complaint to your MP and copy your correspondence to the MP. They hate parliamentary complaints.
It appears not, Loadsof.... this lot seem no better than the other kangaroo court as Coupon-mad calls them !
Exactly the point. I won't "shout" by saying it in UC, but they made a procedural errors. Even my 20 month old could work that out.
Good idea. My local MP is running for Mayor of Manchester, Andy Burnham. Let's get him on the case. Tonight's job is to complain to Warrington Borough Council Plannning Dept about the fact their 2011 planning consent does not cover ticketing or charging innocent motorists in this modern day !!!! Turpin like sc@m !!!! :mad::mad:0 -
Try once more with a letter identifying these procedural errors. Coupled with the MP complaint (mark the letter as cc'd to your MP) there is a teeny tiny chance they may reconsider reviewing the decision.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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Loadsofchildren123 wrote: »Try once more with a letter identifying these procedural errors. Coupled with the MP complaint (mark the letter as cc'd to your MP) there is a teeny tiny chance they may reconsider reviewing the decision.
I shall do loadsof... honestly, I couldn't have been any clearer last week lol as per your advice you gave me further up the thread.
In fact. I am going to ask them for a copy of their complaints procedure. Shocking. How can they get away with this ?!!!! Makes my blood boil !!!!!0 -
POPLA will probably rely on the fact that their decisions are not binding on the motorist to not offer a complaints process.0
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