PE - Equality Act issues

zzzLazyDaisy

martmonk wrote: »

If they used an existing lamp post then no planning needed for that but they have to register with Data Protection Registrar etc (I assume they will have) and get approval / permission for the cameras.

Never assume anything when dealing with PPCs...........

nicctaylor

zzzLazyDaisy wrote: »

Here is an letter to PE that I prepared for another poster, amended to suit your circumstances.

---

PPC NAME
Address

DATE

For the personal attention of Ms Ledson (Supervising Solicitor)

FORMAL COMPLAINT

Dear Ms Ledson

Parking Charge Number xxxxxxx
Vehicle Registration Number xxxxxx

I am the Registered Keeper of the above vehicle. I am writing to lodge a formal complaint regarding your company's refusal to issue a POPLA code, and your unlawful insistence that I must identify the driver.

Specifically:

On [date] I raised an appeal with your company against the above PCN.

On [date] your Legal Department sent me a template letter unlawfully refusing to deal with my appeal and stating that:

"We are writing to advise you that your recent appeal has been referred for further information. You have stated that you were not the driver of the vehicle at the date and and time of the breach of the terms and conditions of the car park, but you have not indicated who was. Please provide this additional information within the next 7 days. We will place the outstanding charge on hold for a further 14 days to give you time to do so."

This is a clear breach of the Protection of Freedoms Act 2012 and the BPA Code of Practice both of which make provision for the Registered Keeper to handle this matter, and most certainly do not impose any obligation whatsoever on the Registered Keeper to identify the driver, as you appear to be implying.

Accordingly I have now made formal complaints to Steve Clarke of the BPA and also to the DVLA concerning your unlawful conduct in obstructing my legal right, as the Registered Keeper, to appeal to POPLA.

Further, I find it impossible to believe that, as a Solicitor and head of the company's Legal Department, you are unaware of the provisions of POFA 2012. I am therefore forced to the reluctant conclusion that you have sanctioned this dishonest interpretation of the law by your company, for its own ends.

I take the view that such conduct amounts to a serious breach of the Principles set out in the SRA Handbook Vol. 8, published on 1st October 2013. Accordingly I am now preparing a formal complaint to the SRA requesting an investigation into the practices of your Legal Department, and of you personally as Supervising Solicitor of the Legal Department.

PLEASE NOTE: In the circumstances I expect you to cancel this charge, however if you refuse to do so, you should send me a verification code in order that I may pursue an appeal to POPLA as the Registered Keeper as is my lawful right.

I require your reply within 14 days.


Yours faithfully

PRINT NAME

I would like to draft a letter similar to this as PE sent me the same template letter despite me asking for a POPLA code in my initial appeal. Can you tell me who do I address it to as the template letter I got from them simply say "the parking eye team"

Redx

nicctaylor wrote: »

I would like to draft a letter similar to this as PE sent me the same template letter despite me asking for a POPLA code in my initial appeal. Can you tell me who do I address it to as the template letter I got from them simply say "the parking eye team"

I thought it was obvious myself

For the personal attention of Ms Ledson (Supervising Solicitor)

FORMAL COMPLAINT

Dear Ms Ledson

Coupon-mad

I take it you are also complaining to the BPA and DVLA as per the usual advice in the 'NEWBIES read these FAQs first' sticky thread?

And why is this post on this unrelated thread which is by martmonk about an Equality Act issue?