POPLA appeal successful, then reviewed & failed

hoohoo

This is a case where you can now file a claim against them for a breach of the data protection act. There was no valid reason for them to get your data from the DVLA and so you can claim £250.

The alternative is to wait for 6 years to see if they file a claim.

Crabman

Duplicate threads have been merged

jkdd77

I would add that POPLA's initial decision was both correct and final and binding, that POPLA had no right to change its "final" decision, and violated its own rules in so doing, and that any claim is estopped by the initial binding arbitration (from the PPC's perspective) ordering them to cancel the charge.

Coupon-mad

hoohoo wrote: »

This is a case where you can now file a claim against them for a breach of the data protection act. There was no valid reason for them to get your data from the DVLA and so you can claim £250.

The alternative is to wait for 6 years to see if they file a claim.

jkdd77 wrote: »

I would add that POPLA's initial decision was both correct and final and binding, that POPLA had no right to change its "final" decision, and violated its own rules in so doing, and that any claim is estopped by the initial binding arbitration (from the PPC's perspective) ordering them to cancel the charge.

Good points all round. This poster can fight back meaningfully.

Bryen

Thanks everyone.

Umkomaas: this whole thread is about a single PCN that was issued last July.

I understand the point about POPLA's initial decision and will be using it in my defence, along with the fact that their second decision found that I had not proved that I had displayed a valid Pay & Display ticket, but the burden of proof is on NSGL to prove beyond reasonable doubt that I was not displaying a valid Pay & Display ticket. Their evidence does not prove that.

"

This is a case where you can now file a claim against them for a breach of the data protection act. There was no valid reason for them to get your data from the DVLA and so you can claim £250."

I don't yet know enough about the data protection act to know the basis of a claim for a breach. Can someone explain further as there wasn't an analogous example in the excellent recent post by Timothea on the data protection act.

Thanks

The_Deep

I don't yet know enough about the data protection act to know the basis of a claim for a breach

Have you read this?

https://forums.moneysavingexpert.com/discussion/5585388

Umkomaas

I don't yet know enough about the data protection act to know the basis of a claim for a breach. Can someone explain further as there wasn't an analogous example in the excellent recent post by Timothea on the data protection act.

It's new ground and will need those who have the grey matter and resolve to trail blaze some cases through the courts to start the snowball rolling down the hill. There's been just one private parking case that we seem to be aware of which is detailed by the Prankster:

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

If you decide to push ahead on DPA breach you will get plenty of help from the forum regulars, and quite possibly, the BMPA.

minty777

Is this still ongoing?

peter_the_piper

OP not been on since 15/01/17 so we don't know.

Umkomaas

minty777 wrote: »

Is this still ongoing?

If you mean pursuing the DPA breach, then it is very early days in taking this strategy (in a big picture sense) forward.

As far as the OP's own case is concerned it can be assumed to be 'ongoing' unless he/she confirms they have no intention to progress, or 6 years have elapsed (the statutory time limit to pursue through the county court).

Send the OP a PM and you might get a direct response to your query.