PCN Humberside Airport.

iamronadin

On the 19/12/16, my mums car was parked on an apparent restricted bus stand based at Humberside Airport. The mobile traffic enforcement cameras took pictures of a passenger getting out of the drivers side of the car rear seats. The car had barely stopped 20 seconds to drop the passenger off at the bus stop so they could catch the bus.






Would this be a suitable reply to challenge the ticket.

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.
I believe that your reason for the Charge Notice 'parked on a restricted bus stand' is obscene.
If you look up in the Oxford Dictionary, you will find the definition of parked is 'bring (a vehicle that one is driving) to a halt and leave it temporarily, typically in a car park or by the side of the road.' The pictures which have been taken do not show the driver of the car leaving the car at any point. And the car was gone within in 20 seconds. Which by definition of the word is not parking.

Furthermore your unremarkable and obscure signs were not seen by the driver, they are in small print and are unreadable to drivers. Therefore there was no Terms and conditions for the driver to agree too comply with, and no bond or contract was made.

At this moment I refuse to name the driver of the vehicle on said date, and no assumptions are to be made. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

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

iamronadin

I do have scans of the letter received, but the form wont let me post them for some reason

Timothea

Others may disagree, but I would simply write to the PPC as follows:

I am the registered keeper of the vehicle with registration mark XXXXXXX and I have received your PCN number 9999999.

The driver did not "park" and could not have entered into any contract because a contract cannot be forbidding and, in any case, the driver had no chance to read and accept the terms of any contract before the alleged contravention occurred. The only possible action against the driver would be for trespass or breach of bye-laws, but only the landowner or occupier could bring such an action. Therefore, you have obtained my personal details without reasonable cause. This is a clear breach of the Data Protection Act 1998 (DPA).

As you are aware, stopping briefly is not parking and there is no legally-enforceable parking charge and therefore no "reasonable grounds" for you to pursue the keeper or the driver. Reasonable cause and compliance with your Accredited Trade Association's Code of Practice is also a requirement of your KADOE contract with the DVLA.

I demand that you immediately cease and desist from processing my personal data and permanently destroy all copies of such data in your possession or under your control, except as may be required to inform me that you have complied with this demand. Any further processing of my personal data, including demands for payment or passing my personal data to any third party, will be considered harassment and a flagrant disregard of the DPA, which will be reported to the DVLA and to your ATA, and may result in legal action against you for damages, including Exemplary or Punitive damages.

If the PPC ignores this warning then you should complain to the DVLA and the PPC's ATA, but also send a Letter Before Action to the PPC repeating the demands and warning that legal action will be taken without further notice if the PPC fails to comply. You should also refer the PPC to the following case-law: ParkingEye Limited v Beavis; Jopson v Homeguard Services Limited; UKPC v Masterson; PCMUK v Hall et al; Vidal-Hall v Google Inc; Halliday v Creation Consumer Finance Ltd; and Purves v Joydisk Ltd.

Of course, you must be prepared to follow through with this threat, at least to the extent of making a counterclaim for damages if the PPC makes a money claim against you. This is not for the faint-hearted.

The_Deep

This seems perfectly reasonable behaviour to me. Has the PPC lost all sense of proportion? Such action can only cost it money, especially if the OP goes the DPA route.

Instead of Timothea's worthy epistle, I offer the following alternative,

"see you in court @rsehole.",

Timothea

I like The Deep's short response. However, if this goes to court, judges tend to believe people who have been entirely reasonable with the other party.

pappa_golf

Timothea wrote: »

I like The Deep's short response. However, if this goes to court, judges tend to believe people who have been entirely reasonable with the other party.

which court? and by whom ?

Half_way

If your throwing the DPA at them, as well as other complaints also copy in Humberside airport as principal who would have taken on the parking company they are jointly and severally liable for the actions of their agents

Timothea

Half_way wrote: »

If your throwing the DPA at them, as well as other complaints also copy in Humberside airport as principal who would have taken on the parking company they are jointly and severally liable for the actions of their agents

Personally, I would only involve the airport operator after the first letter to the PPC has been ignored -- i.e. at the Letter Before Action stage. Humberside Airport hasn't obtained and used your personal data unlawfully.

Half_way

Humberside Airport hasn't obtained and used your personal data unlawfully.

But could it not be argued that Agents of Humberside airport ( for whose actions Humberside airport are jointly and severally liable for) Have obtained the RK data from the DVLA?

Timothea

Half_way wrote: »

But could it not be argued that Agents of Humberside airport ( for whose actions Humberside airport are jointly and severally liable for) Have obtained the RK data from the DVLA?

Yes, it could. Nevertheless, I would give the PPC a chance to comply before escalating matters by involving the airport operator.

Timothea

To be clear, the letter must be written by or on behalf of the keeper, and signed by the keeper.

Also, who sent the PCN? We are assuming it was a private parking company.