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I then drove 15 minutes to the PPL car park (timing confirmed on google maps) and arrived at the car park at around 12:34. The time on my ticket is 12:37, I had been in the car park for a maximum of 3 minutes when the ticket was issued! Could I use this information if I end up in court and is it worth sharing the evidence I have with PPL to avoid them pursuing it further?
Yes and yes.
You have Google maps proof of where you were before you arrived at the car park and that evidences that the PPC has allowed no grace period at all. I would also state clearly that you have not 'volunteered your information' for any purpose whatsoever expect to resolve the dispute. There is no cause of action, because you can prove you were only in the car park for 3 minutes and had not been given a fair chance to read and comply with the terms, which is exactly what you were trying to do. Not only is this against the IPC Code of Practice but it shows no contract had time to have been formed, especially in view of their woeful signage and the requirement for the right change.
Finish by making it a Section 10 notice under the DPA (call it an 'objection to processing' of your data), warning them that you consider this unwarranted harassment which will be exacerbated if they issue debt collector letters. Suggest that if they think they have a claim, to mitigate costs by proceeding to a small claim now, rather than harassing you with demands and added on costs made up out of thin air.
Search the forum for 'section 10 objection DPA'.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon mad thanks so much for your response, the timeline was actually wrong and the car was only parked for 1 minute before the ticket was issued! Could you please cast an eye over the drafted email below and let me know if it looks ok? Thanks a million
Dear Mr Wilkins,
Thank you for your previous correspondence and the responses you provided to my questions regarding the above mentioned PCN. Further to my previous email I would like to highlight the following information. The driver of the vehicle in question has provided a timeline of their activity on the day the PCN was issued. Please find the timeline below. They also have witnesses confirming their location at each point. You will note from the timeline that they were present in the car park for 1 minute prior to the PCN being issued. During the 1 minute they had parked the vehicle and entered a shop located on the car park to obtain change for the parking meter (witness confirmed). Your member of staff will also confirm that the driver approached him showing the change they had in their hand upon exiting the shop and seeing him issuing the ticket.
11:51 – arrive at central Birmingham car park (ticket shown in photograph provided as part of PCN)
Walk into the Birmingham Bullring 3 minutes (confirmed google maps attached)
11:54 - Shop at bullring 25 minutes (Bank statement shows card payment shows Pearces shellfish & witness statement)
Walk back to carpark 3 minutes (confirmed google maps attached)
12:22 – arrive back at car
Drive to kings heath 14 minutes (google maps confirmed attached)
12:36 – arrive at car park and enter store to obtain change (witness confirmed)
Their statement also shows a purchase (the reason for using the car park) from Argos after the ticket was issued and a call (confirmed on phone bill) was made to Premier parking logistics regarding the PCN issued.
This demonstrates that the PCN was issued within 1 minute of entering the car park. Not only is this against the IPC Code of Practice but it shows no contract had time to have been formed. No grace period has been allowed at all upon entry into the car park.
Please cease contacting me regarding this matter or if you still feel you have a claim to this PCN mitigate costs by proceeding to a small claims court now as I will consider any further contact unwarranted harassment which will be exacerbated if you provide my details to debt collection agencies who issue debt collector letters.
I also wish to make it clear that I object to you processing my data in any way and would like you to accept this email as a Section 10 notice under the DPA.
I await your response regarding how you wish to proceed.0 -
I also wish to make it clear that I object to you processing my data in any way and would like you to accept this email as a Section 10 notice under the DPA. Your firm had no grounds to issue a PCN at all, due to your own breach of the IPC Code of Practice, in that the driver was not afforded adequate time to read and comply with the terms and cannot be bound by your spurious idea of a contract.
Your continued pursuit of this unwarranted demand, coupled with your rude and aggressive attitude on the telephone, have caused significant distress and as such, I require my data to be deleted from your systems now you are fully aware that it is indisputable that there were no grounds to issue a PCN within a minute, which is a predatory practice also banned under your ATA Code.
I await your response [STRIKE]regarding how you wish to proceed[/STRIKE] which must be served to me within 21 days. Failure to properly act upon and reply to a Section 10 notice will be reported to the Information Commissioner.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »I also wish to make it clear that I object to you processing my data in any way and would like require you to accept this email as a Section 10 notice under the DPA. Your firm had no grounds to issue a PCN at all, due to your own breach of the IPC Code of Practice, in that the driver was not afforded adequate time to read and comply with the terms and cannot be bound by your spurious idea of a contract.
Your continued pursuit of this unwarranted demand, coupled with your rude and aggressive attitude on the telephone, have caused significant distress and as such, I require my data to be deleted from your systems now you are fully aware that it is indisputable that there were no grounds to issue a PCN within a minute, which is a predatory practice also banned under your ATA Code.
I await your response [STRIKE]regarding how you wish to proceed[/STRIKE] which must be served to me within 21 days. Failure to properly act upon and reply to a Section 10 notice will be reported to the Information Commissioner.
Minor edit.0 -
does anyone know if the landowner of a car park asks for a parking ticket to be cancelled, whether this company should have sold this on to a debt collection agency ? This is what he has done. I have roof by email of my correspondance with landowner and premier parking logistics, I have now been given a ccj, but the landowner requested that he cancelled it and he ignored the landowner until he had sold the debt0
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Sorry? How have you been "given a CCJ"?
PS - please start a new thread; this thread might be about the same company but it's not your thread.0 -
Sorry? How have you been "given a CCJ"?
PS - please start a new thread; this thread might be about the same company but it's not your thread.
The poster has already been advised to do that 3 days ago. Seemingly is not prepared to follow polite advice.
https://forums.moneysavingexpert.com/discussion/5012179Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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