VCS POPLA appeal reply

jph47

Hi I recieved a parking charge notice from vcs in March in relation to an alleged breach in August last year. I have so far followed the advise in you newbie threads as in getting a popla code and appealing using one of your wonderful time saving templates. I have recieved an email today from popla with a 36 page attachment of 'evidence' from VCS. Can you please advise me as to whether I need to reply to this 'evidence' or am I just being sent it as par for the course? I have downloaded and read through everything and they are really trying to fight their corner. One of the many appeal points (9) I used was gpol which they are trying their best to justify. I can post the whole transcripts if needed but didn't want to clog up the page. Tremendous thanks in advance.

Hot_Bring

Nope - nothing for you to do but await the POPLA "The operator should now cancel the charge" email.

Coupon-mad

jph47 wrote: »

Hi I recieved a parking charge notice from vcs in March in relation to an alleged breach in August last year. I have so far followed the advise in you newbie threads as in getting a popla code and appealing using one of your wonderful time saving templates.

I have recieved an email today from popla with a 36 page attachment of 'evidence' from VCS. Can you please advise me as to whether I need to reply to this 'evidence' or am I just being sent it as par for the course? I have downloaded and read through everything and they are really trying to fight their corner. One of the many appeal points (9) I used was gpol which they are trying their best to justify. I can post the whole transcripts if needed but didn't want to clog up the page. Tremendous thanks in advance.

Nah - they are wasting their time as they cannot justify the GPEOL they are pretending the charge is:

https://forums.moneysavingexpert.com/discussion/4954307

We've seen it before. You will win.

Stroma

I bet most of the costs they are saying is this, in no particular order

Cameras, signs, membership of bpa, staff uniforms, insurances , stationary, dvla access and other stuff

Just let you know most of that is running costs of their business and cannot be counted as losses, as they would incur that tax deductible costs regardless on whether you parked there or not.

jph47

Thanks very much for the advise. Does it make any difference if the PCN was issued for 'stopping on the roadway where stopping is prohibited' rather than in a car park. I doubt this effects GPEOL but would rather hear it from you guys.

I'm surprised they got the reply into POPLA in time when it took them 5 months to send out the PCN in the first place. (one of my other appeal points)

AoD

It makes no difference at all.

jph47

WHOOOOOOOO just had conirmation from POPLA that my appeal has been allowed )

Can't thank you guys enough for all your help.

I can also now mention that VCS actually said in their evidence that they thought it was my wife who was driving the car at the time of the incident even though the footage clearly shows the driver as being a well built 6' 2 man with a goaty beard!!! ( my wife was most offended lol)
So these people are beyond stupid to say the least.

Thanks again to everyone and this is another one to add to your successes ))

Stroma

Well done on your success

bazster

jph47 wrote: »

Thanks very much for the advise. Does it make any difference if the PCN was issued for 'stopping on the roadway where stopping is prohibited' rather than in a car park. I doubt this effects GPEOL but would rather hear it from you guys.

The difference it makes is that they obtained your details from DVLA unlawfully. They signed a contract with DVLA (the KADOE contract) in which they undertook to request registered keeper details solely for the "reasonable cause" of recovering unpaid parking charges. 'Stopping on the roadway where stopping is prohibited' is not parking, and using data for a purpose other than as stated is illegal under the Data Protection Act.

Complaints to DVLA and ICO are in order.

jph47

Bazster, thank you for that information. I will draft a letter (unless one is already available on here, I will check) and send them to both parties.

I will let you know of any response I recieve.

Thanks again everyone :T

bazster

jph47 wrote: »

Bazster, thank you for that information. I will draft a letter (unless one is already available on here, I will check) and send them to both parties.

I will let you know of any response I recieve.

Thanks again everyone :T

You should tell DVLA that (i) you expect them, as data controller and party to the KADOE contract, to properly investigate this breach of both the DPA and the contract (ii) merely passing your complaint on to the useless BPA Ltd. will NOT constitute meaningful action (iii) you require DVLA to provide you with a copy of their formal complaints procedure in case their response is unsatisfactory and you need to take the matter further and (iv) you are aware that ultimately you can take your complaint to your MP and the Parliamentary Ombudsman should DVLA fail to take adequate action.