Forum WIN ,POFA help.now DPA claim

Coupon-mad

Topcat_147 wrote: »

Thanks guys, will send appeal in as per TNC's letter. It has to go to Autosec because TNC did not issue PCN. That raises the question why are TNC parking service sending out NTK when Autosec issued PCN.

When you say the MSE template appeal you don't mean the awful one in the MSE 'fight parking tickets' article, do you? The one that is sadly still badly misguided by MSE standards, suggests people add mitigating circumstances and even has the immortal line:

'the reason why I parked as I did...'

Topcat_147

yes was £100

Topcat_147

No not that MSE letter..lol....There is a better one but are using one off newbie thread on here. will post a copy when done, if a few would not mind taking a look at the draft. tks for all the help

Topcat_147

Hi guy's, Have drafted following letter, Can I have your views before I send it please




Dear Sirs

Re: PCN No xxxxx


.

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in very small print and the terms are not readable to drivers.

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.





I have also received a Notice to Keeper sent from TNC Parking Services. As the Driver of the vehicle has not been identified, the Notice to Keeper needs to comply with section 9 of the Protection of Freedoms Act (PoFA) 2012 . PoFA 2012 sets out to parking operators that “2) The notice must – f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given – (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;”





The Notice to Keeper I received, states “You need to pay this charge within 28 days of this notice, via our secure online payment system detailed below to avoid additional fees being added. It is too late for the discounted amount to be paid” as such the Notice to keeper is not compliant with PoFA 2012.





Further, PoFA 12 sets out that, the Notice to Keeper(NTK) must be sent within 56 days of the date of issue of the PCN (windscreen ticket). The NTK I have from TNC parking services is dated 21/12/16,a period of 67 days.Again the NTK is not compliant with PoFA 2012.

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 believe you and your Agent TNC parking Services have requested the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice ) 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.


Further take note that I have lodge complaints with both the BPA and the DVLA regarding the actions of both Autosec and TNC Parking Services in relation to your dealings with this matter

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.

Yours faithfully,

Umkomaas

The PoFA stuff you've added to the template will not make any difference to the outcome of this initial appeal. It will be rejected.

Forum advice is that you keep real winning points for your POPLA appeal, don't show your hand too early.

Best just copy and paste from the sticky and send that off to extract a POPLA code from the PPC, then you can go to town on the killer detail to POPLA.

Topcat_147

Hi, have changed draft, what do you reckon,before I send it please?




Dear Sirs

Re: PCN No xxxxxxx


.

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in very small print and the terms are not readable to drivers.

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.

I have also received a Notice to Keeper sent from TNC Parking Services. As the Driver of the vehicle has not been identified, the Notice to Keeper needs to comply with section 9 of the Protection of Freedoms Act (PoFA) 2012 .

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 believe you and your Agent TNC parking Services have requested the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice ) 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.


Further take note that I have lodge complaints with both the BPA and the DVLA regarding the actions of both Autosec and TNC Parking Services in relation to your dealings with this matter

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.

Yours faithfully,

Topcat_147

Hi guy's, is the above draft ok.? need to get it in post this week

Coupon-mad

Yes that's OK to send. If you have to post it, go to a PO counter and get free certificate of posting (NOT recorded).

Topcat_147

Tks Coupon Mad. Have to post. so will stick to your advice

Topcat_147

Update. Sent the blue template letter to Autosec 9/1/17. No reply received. Letter today from TNC Parking Services.


Basically.. you have not paid or advised that you were not the owner nor the driver.


All correspondence from or client has been ignored. Reduced payment now revoked. The driver must now pay the full amount £100 + £79 admin charge direct to TNC.


Your options are now to immediately advise us that you are not the correct person or pay the parking notice.


Failure to act today by contacting TNC or pay will result in immediate referral to our litigation dept.


Next step. Do I tell TNC that I have proof of posting Blue Template (BPA) to their client Autosec, Write to BPA and ask them to chase Autosec for the Popla code they issued if they have refused my appeal?


Tks for any help