Fixed charge notice reply to appeal letter

VLM_Runner

Hi there

A bit of a tricky situation my friend borrowed my car to go and fetch some food for me and when she drove it back onto the car park she didn't check that the ticket was there and it had fell off the dash and onto the floor

needless to say you can guess what happened next I got a car park ticket stuck to my windscreen ( apparently my car had been watched for 6mins )

I read lots of info on here and wrote off to appeal ( I can't expect my friend to pay it even though she drove the car into the car park after I had purchased the ticket )

so I read some info on here about using a service address for the appeal so I did ( figured this way my hubby wouldnt have a go at me for being stupid too )

I didn't admit to being the driver but asked all correspondence to be sent to service address and used templates for the appeal letter


So they have now replied saying that they will now be making an application to the DVLA for the registered keepers details 28 days after the date of the incident, so we can serve a Notice to Keeper under the freedoms Act 2012

I thought that they weren't allowed to do that from the info I read on here as


" If the parking company then contacts the DVLA to get keeper details, this is a breach of the Data Protection act. They should be reported to the Data Commissioner They should also be reported to the DVLA , as this is a breach of their KADOE contract, and can lead to suspension from access to the DVLA database"

It says in your appeal you have failed to name the driver ( yes I didn't name the driver because that's what was advised here )

It says if you wish to identify the driver you are free to do so as this will ensure a speedier resolution

At the end it gives a date of when they expect to reply to the appeal and say that its outside of the 35 day period guideline set by the BPA Dode but they do not consider this to be a breach of the code of practice due to extenuated circumstances


Help!!!

any help would be gratefully accepted as to what to reply with next

Coupon-mad

Unless you named the driver with a name and address to NxxxxR (because that's who this is, isn't it) then they can get the keeper's details. You can only use a service address if appealing as DRIVER so this was a mess - and not a good firm to run up against, unprepared.

POPLA have swallowed their latest newly written GPEOL hook, line and sinker and the Assessor 'Farah Ahmad' in particular is very impressed with NxxxxR, it seems. Richard Reeve too. POPLA are in their pocket right now, it seems, lapping the evidence pack up - especially where there was no P&D fee paid (an initial loss). Your best bet would be to wait for the NTK and make sure you have that P&D ticket, so you can prove as part of your POPLA appeal, that there was no initial loss. And BTW, Nxxxxx will be reading this thread...and you will need help...unless I am wrong about the PPC.

VLM_Runner

yes I do have the original ticket

thanks for the advice I'll await NTK then and take it from there

I just knew my friend wouldn't want to go through this hassle even though she was driving the car

So I guess I will just have to appeal as the registered keeper * sigh *

Coupon-mad

You have a stronger case as keeper. But you will have a job if this is N....R. Glad to see you have the P&D ticket which shows the driver caused no loss.