Complicated, advice please

Umkomaas

Craig_Maddocks wrote: »

Also DVLA got back to me and explained I should take it up with BPA ... which I have. they have also said that no data protection was breached because they are allowed to give out details upto 6 months.

As I intimated they might!

they have also said that no data protection was breached

They issue details to PPCs of ~5 million motorists every year, earning themselves around £12.5 million. Were you expecting them to say anything different?

Coupon-mad

Craig_Maddocks wrote: »

Also DVLA got back to me and explained I should take it up with BPA ... which I have. they have also said that no data protection was breached because they are allowed to give out details upto 6 months.

But that's a vague deadline for getting data for collection purposes isn't it?

Reply to the DVLA and point out again this data was not obtained for debt collection purposes. It was for a Notice to Keeper and it is ludicrous that the DVLA allow debt collectors to muddy the waters by harvesting data six months afterwards just because they are a debt collector, then compound that by refusing a POPLA code. This entire course of conduct is obviously a significant breach of the CoP and indeed the KADOE, for which full compliance with an ATA CoP is a pre-requisite and the DVLA should be ashamed to release data so loosely, then to defend the operator and their pet debt collector who between them - in apparently colluding to avoid POPLA - are both indisputably in serious breach.

Reply to the DVLA fob off. They need to hear people's wrath, again and again.

I have done that, I have also phoned (i know you say don't but i am very carful about what I say)
I pointed out the mistakes over the phone and they have agreed to send it to the appeals department again. Hopefully they will cancel or give me a code. Exciting times

Good! Of course you MUST have a POPLA code.

Craig_Maddocks

Thank you for your email.

If the parking charge notice makes reference to the Protection of Freedoms Act 2012 it will be utilising the legislation. The timeframe to issue the parking charge notice will be dependent on whether a notice to driver was issued first.

A 10-digit POPLA (Parking on Private Land Appeals) code is only available if a motorist’s appeal was received within 28 days, of the date of the parking charge notice, and the operator rejected the appeal. If the contravention took place in Scotland or Northern Ireland POPLA will not be available to the motorist.

Please provide a photograph (using a phone, camera, etc.) of the original parking charge notice as well as your appeal to Parking Collection Services. Once received we can advise you further.


From AOS...

Craig_Maddocks

I do not have the original PNC, it was binned when they told us on the phone it was cancelled.

One issue we have, we have an email proving we appealed, but it is addmitting who the driver is. so I don't want to draw attention to that.

Loadsofchildren123

The BPA's CoP requires meticulous record keeping. So tell them to get the pcn from the PPC because according to the code they will have it.


Also point out that the code states that compliance with it is mandatory for the PPC to be a member. It also clearly provides for breaches to be acted upon and so you want their categoric agreement that action will be taken.


Keep going with this one. If nothing else it's fun for all of us to run in circles around the BPA.


When they come back and tell you that it's just a code it's not compulsory, point them to the parts of the code that say compliance is mandatory.

Craig_Maddocks

Ok so I was driving and thinking another way around this. I am getting nowhere with this NTK 146 days thing. They are not providing a code because they think they dont have too. My Partner will not under any circumstance go to court and she doesn't want any CCJs either. (I personally don't care I would be happy with both)

So heres is my line of thinking:
A colleague of my partner phoned up Spring Parking and had this charge cancelled originally, on the day it was issued. Another colleague emailed them with an appeal before that.

The charge was cancelled but over the phone and not in writing, but they also did not send a rejection to the appeal email. Instead they went straight to giving it to PCS and they sent the NTK 146 days late.

If I phone Spring Parking up them up and ask them to cancel the charge again and they say no. I can ask them why didn't they send a PoPLA code ?

that way I surely I will get the PoPLA code (or cancelled) and then I can appeal with them about the 146 NTK and the fact the charge is $120 and that my partner has a Valid Permit to park there in the first place because she works there.

I may be also able to complain to DVLA for giving out our information despite the fact we had appealed it and they didn't get back to us. I have evidence of the email, so they cant say we ignored the charge. So They may cancel it because they've messed up.

Craig_Maddocks

Please bare in mind the Appeal does admit who the driver is. So far I have not drawn attention to it.

Redx

please note , you (or she) does not get a CCJ unless all of the following happens

you go to court
you lose
you fail to pay the judgment within 28 days

only then is it a CCJ

so anyone who goes to court and loses (like BARRY BEAVIS did) , pays the judgment promptly

there is no automatic CCJ, but failure to pay the judgment is effectively contempt of court and so a CCJ follows

by all means ask for a copy of the NTK, suggest that the BPA and DVLA need a copy due to the ongoing complaint

they could email it as an attachment, or send it in the post

Loadsofchildren123

I have just re-read the thread. I think we are getting a bit lost along the way.


I think the focus should be on the driver outing themselves, and saying that they were a permit holder and were entitled to park and that the parking co has no legal right to interfere with that pre-existing entitlement (did the parking co come in later or were they always there? how is the permit given out, by the school? what terms are agreed at the time the employee asks for and gets a permit from the school?)


Driver should be going to the source of this - the school - and getting them to pressurise the PPC to cancel the charge.


Also, why has there been no focus on the initial cancellation? Trouble is, to pursue that argument the driver has to be outed.


Also, you DID appeal and are therefore entitled to a POPLA appeal - again, pursuing this argument means outing the driver.


I always think that where the driver has a good defence then they should defend as driver rather than as RK.


However, at POPLA stage it is better to appeal as RK so driver shouldn't out themselves until after that. But you are going round in circles in getting a POPLA number - to get it you have to show them you DID make that initial appeal, but you don't want to draw attention to that because it outs the driver.


First things first, pressurise the school into getting this cancelled, and if they won't, then driver should write to Spring to say that the pcn was cancelled on the day it was given in a phone call. Say that this is an end to the matter and if any further communication is received it will be treated as harassment.


Trouble is, you've spent so much time focussing on the BPA/POPLA issue now that it begs the question why you haven't been raising this point before and if the case ends up hinging on this then a judge may take this as indicating that, on the balance of probabilities, it isn't true. You'd have to have the colleague who made the call to make a statement.


I think before this goes any further you have to sit back and think about all these issues.
Dear Sirs,

Craig_Maddocks

Hi,
Thanks for that, Today we are doing just that.

The colleague who made the original call is in charge or the permits. So he is phoning up and getting it cancelled.

Hopefully that will be the end of it. If not we are going to get a PoPLA code from Spring Parking and go that direction.

We are going end up outing the driver that is the only way this can be appealed.
The permit wasn't on display it had blown off and was on the seat, however she still has permission to park there and they have messed up by not providing a PoPLA code and have possibly breached Data protection by asking for the details of the Keeper without replying to the appeal in the first place.
The charge is too high as well as the landowner doesn't lose any money because she has parked there. They need my partner to park there to get to work. They don't do pay and display.

We are getting a witness statement from the guy phoning as well if this goes any further.