myparkingcharge

blakbruker

Thanks C-M. I've been a bit tied up the last few days but will get the keeper to submit the response. Looking at the timings though, they seem to fit, would it help (or hinder?) to upload another image without the dates redacted?

Coupon-mad

I don't think we need another image because several have shown their NTKs from VCS in 2017, which now attempt POFA wording but get the 28 day period wrong!

blakbruker

The keeper has just submitted the "appeal"

Dear VCS

Re PCN number: VCSxxx

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company and are they the landowner?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

It appears that you have not complied with the full terms of The Protection of Freedom Act 2012 and so I cannot be held liable in this case. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

xxx

The evidence on the website is clearly photos taken by hand held camera. Is that acceptable in obtaining data from the DVLA as it's clearly not ANPR?

Umkomaas

The evidence on the website is clearly photos taken by hand held camera. Is that acceptable in obtaining data from the DVLA as it's clearly not ANPR?

The DVLA have turned a blind eye to this, tacitly siding with the PPCs, thereby handing out your personal data and them receiving their 30 pieces of silver for it (well it is Easter!).

blakbruker

So can I check my understanding of this is correct?

If a PPC are using manual methods of "enforcement", parking attendants and handheld cameras, they should be issuing a NtD and then waiting 28 days to contact the DVLA to obtain RK details before issuing a NtK? They should only be bypassing the NtD and 28 day period if they are using ANPR? Can handheld cameras be classified as ANPR? I'd have thought definitely not.

Umkomaas

If a PPC are using manual methods of "enforcement", parking attendants and handheld cameras, they should be issuing a NtD and then waiting 28 days to contact the DVL

In theory yes, but where just a (handheld/smartphone) photo is taken the DVLA has been accepting it as an ANPR equivalent. Yes, we've been through all the arguments about it, but the bottom line is that the DVLA provide them with your data and they take their money - kerching all round!

blakbruker

Well, the RtK received a letter from VHS a few days ago and despite having a definitely female name it was addressed to Mr XXX <doh!>

Dear Mr XXXX,
Re: Parking Charge Notice Number VCSXXX (Vehicle: XXX)
Site: Topps Tiles, XX Customer Car Park
Issue date: XX/XX/2017
We refer to your correspondence received in connection with the above Parking Charge Notice (PCN).
Please note that responsibility for this PCN lies with the driver of the vehicle at the time the parking
contravention was observed. However, we are unable to ascertain who the driver was from the
information given within your appeal.
In order for us to process your appeal correctly, please follow the instructions below.
The following options are available:
1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME
(Forename and Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.
2. If you are representing the driver we require a signed and dated statement from the driver of the
vehicle confirming that you are authorised to appeal on his/her behalf. This statement MUST contain
the drivers FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS. This
needs to be an original signature and not a photocopy or a stamp.
3. Pay the PCN. Payments can be made online at https://www.myparkingcharge.co.uk by following the links
for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If
paying by Credit Card a surcharge of £1.00 will apply).
We note that you have declined to name the driver of your vehicle at the time of the incident in
question. It is important that we make you aware that we will rely on the keeper liability
provisions schedule 4 of the Protection of Freedoms Act 2012 (PoFa) and as such, you remain
liable for the outstanding Parking Charge Notice
At present, the required payment of £60 is outstanding and payment is to be made by 15 May 2017. If
the payment is not received by this date the amount payable will revert to £100 payable. Failure to
comply may result in the issue of court proceedings whereby further costs will be incurred.
As a gesture of good-will, we have placed the case file on hold for an additional 14 Days to enable the
above mentioned actions to be administered. If we receive either no payment or further communication
by 15 May 2017 the right to appeal may be lost and the charge will revert to the original (nondiscounted)
rate.
Yours sincerely,
Appeals Administration Team
Central Processing Office

They've not answered any of the points given in the letter from the RtK. How does this play with the Section 10 DPA notice?

Coupon-mad

Woah! They are demanding the driver's name and address before considering an appeal. Not just asking, demanding it.

:mad:

Email David Dunford and ask if the DVLA has allowed the IPC and VCS to water down the strict ban that PPCs were NOT ALLOWED to write pretending that the driver had to be named in order to consider an appeal. If this is now allowed, why is the DVLA going backwards with the ATAs, allowing them to ride roughshod over the rights and interests of registered keepers?

david.dunford@dvla.gsi.gov.uk

Show him their email. Get angry. If he says 'you should complain to the IPC in the first instance' tell him that the IPC make that VERY difficult without (guess what) saying who was driving as they don't give out an email and they require even a complaining registered keeper to hand over a wedge of info even just to complain about an IPC member. Not acceptable.

HTH

blakbruker

Thanks very much C-M! I'll do just that, I'll also ask him for an update on his investigations into myparkingcharge's hybrid NtD that he said he was looking into. I wonder just how far he has :-/

Thanks very much for the great advice again. :beer:

Ian011

Additionally the use of a premium rate 0845 number breaches BIS (now BEIS) regulations and failing to state the call costs immediately alongside the 0845 number breaches Ofcom regulations.