Gemini PCN when I was parked 70 miles away.

Fruitcake

Guys_Dad wrote: »

If it is genuinely 10/10/16 and not 10/11/16 (were you there on that 2nd date?) then if they are using ANPR, they are out of time but if they are using a windscreen PCN, then the NtK would be in time.

Of course, the photos will be the key.

There can't have been a windscreen ticket on the OP's car because it was 70 miles away. If there was a windscreen ticket at all, it was placed on a different car.

Guys_Dad

Fruitcake wrote: »

There can't have been a windscreen ticket on the OP's car because it was 70 miles away. If there was a windscreen ticket at all, it was placed on a different car.

I was responding to the point made by OP

Thanks for the replies peeps!
On the NTK it states that it happened on 10/10/16 and the NTK is dated 11/11/16, is it worth adding details about it being out of 28 days?

I didn't say anything about OP's windscreen, but the NtK should have indicated whether it was ANPR or not.

Psyance

Thanks again, I am currently going with the email below, any further pointers before submitting would be greatly received.


Thanks,
Psy




14/11/16

Dear Sirs

Re: PCN No.

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.





I challenge this PCN on the following grounds;



a) The fact that neither I nor my vehicle were at the location that you allege;

b) I can provide proof to a court (but not to yourselves, as yours is the onus) that myself and my vehicle weren't in the location you allege and that I was over 70 miles away at the time;

c) That you have failed to provide any proof that even my vehicle was there, let alone myself as the driver;

d) That I consider this to, most likely, be a misread number-plate and that I want copies of your photographic evidence so I can compare the make and model to my own vehicle (which I believe should have been included with the NtK);

In light of the above I ask that you cancel the charge, and that now you have been informed of this error, you have no rights to hold my data.





I will be contacting both the DVLA and the Information Commissioner's Office in reference to the fact that you have no right or reason to have requested and or be holding my details.





Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Guys_Dad

I applaud your approach. I think that swamping an appeal letter in situations such as yours with the normal "technical appeal points" recommended in the sticky thread would be the wrong approach.

Appeal companies, PPCs and some courts may very well have seen the technical points before - and most people using them have actually contravened - but in your case you have a cast iron case.

Keep to the facts but please come back if the PPC admits failure or when you win at appeal/court ans any evidence of PPC ANPR failure is like god dust to the forum activists.

hoohoo

There will be no admissions as to who was driving and no assumptions can be drawn.

Not sure of the point of that. You were obviously not the driver as your car was 70 miles away.

Guys_Dad

hoohoo wrote: »

There will be no admissions as to who was driving and no assumptions can be drawn.

Not sure of the point of that. You were obviously not the driver as your car was 70 miles away.

Makes the point of excluding standard appeal points in circumstances such as OP's. More harm than good.

Psyance

Thanks again peeps, I will drop the part about admissions and send it.
I'll post once I get a response!
:beer:

The_Slithy_Tove

Forget all the "I"s and "myself"s (which are largely grammatically incorrect anyway :- ). It's where the vehicle was that matters. Where you were is irrelevant and distracting.

Carthesis

Try this on for size:

I am the Registered Keeper of the vehicle [xx 11 yyy] and I challenge your PCN on the following grounds:

a) My vehicle was not at the location that you allege at the time you claim, and in fact has never been to that location;

b) Should you choose to take this matter further, I am able to provide proof to a court that my vehicle was over 70 miles away from the stated location at the time of the alleged contravention. Note that I will not be providing this information to you as the onus is upon you to prove that my vehicle was in the location you allege, which you have not currently accomplished;

c) I consider this to, most likely, be an ANPR error leading to a misread number-plate. I note you have not provided copies of the entry and exit photographs on your charge notice as required - I now request copies of your photographic evidence so I can compare the make and model to my vehicle;

d) Further to the above, I note that irrespective of any and all ANPR or other administrative errors, you have failed to comply with the mandatory timescales laid out in The Protection of Freedoms Act (2012) Schedule 4, and therefore have exhausted your avenues for transfer of liability from the driver to the Registered Keeper.

In light of the above I insist that you immediately cancel the charge, providing written confirmation of both the cancellation of the charge and the deletion of any and all personal data which you may hold on me, in accordance with the requirements of the Data Protection Act.

I appreciate that errors occasionally occur, and thus I am prepared to allow you 14 days to comply with my requests. Should you fail to comply within the specified period, I immediately will be contacting both the DVLA Data Assurance Team and the Information Commissioner's Office, firstly to establish via a Subject Access Request when my details were accessed, and subsequently to register a complaint in reference to the fact that you have no right or reason to have requested and be continuing to hold my details.

As you are now unable to rely on POFA(2012), you must either offer me a POPLA code, or cancel the charge. Note that offering me a POPLA code in these circumstances, when you have already exhausted your avenues for liability transfer, will result not only in an appeal to POPLA laying out these same arguments, but also additional complaints to the BPA, the DVLA, the ICO, my MP and the Secretary of State for Communities.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

The_Slithy_Tove

Looks pretty good.