Parking Eye Penalty Notice Charge - Canvey Island Seafront

pogofish

Mikeguk wrote: »

Hi all. Apologies if I am posting in the wrong place.

You are - and you confirmed that you knew the right place as part of your signup - Sp go and post there!

FeelingLighterAlready

Just letting you all know that I have this afternoon received an email from POPLA with my appeal decision and.....my appeal was successful! The assessor decided to go with the following (just in case it helps others):-

"The appellant states the operator does not have the authority to issue charges or form contracts with drivers. The operator has provided a copy of the landowner contract, which details that the operator could issue PCN’s from 20 March 2012 for 12 months. Section 7 of the British Parking Association Code of Practice requires operators to own the land or to have written authority from the landowner to operate on the land. As the operator has not provided any evidence to suggest that the contract was still in palce on the date the PCN was issued I cannot conclude that the operator had the authority. As such I cannot confirm that the PCN has been issued correctly and I must allow the appeal. I note the appellant has raised further grounds of appeal, however I do not need to look at these as I have allowed the appeal."

Very relieved its over!

Thank you again to all for your help.

The_Deep

Is it not unreasonable for a PPC to pretend it ia authorised when it is not?

Umkomaas

No authority to issue charges or form contracts with drivers (as confirmed by the independent assessor) = no reasonable cause to access your data from the DVLA. They have now exposed themselves to a claim for damages, distress and anxiety caused by the misuse of your data in them pursuing a charge they had no legal right to.

If you now want to turn the tables you could sue them for misuse of your data under the DPA. It's not for the faint-hearted or for those who think it's an easy run, assuming the forums will do most of the work - they won't. If you're prepared to put your back into this, the following will hopefully assist you.

DATA PROTECTION ACT GUIDANCE

First and foremost, please read thoroughly this extensive guidance put together by MSE poster Timothea. This will give you the background and conditions for you to consider and determine whether you might have a case to pursue.

https://forums.moneysavingexpert.com/discussion/5585388

Other Sources

http://www.parkingcowboys.co.uk/data-protection-act

Some apposite blogs from the Parking Prankster:

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Latter part of this blog:

http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

Do a search there to get the hang of what this is all about and whether you might want to take this fight back to the PPC.

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

LETTER BEFORE COUNTY COURT CLAIM

Drafted by Bargepole 05/02/2017

http://forums.moneysavingexpert.com/showpost.php?p=72049019&postcount=18

FeelingLighterAlready

thank you for this - yes I think I will actually sue them now!! Threaten them at least as they are very cheeky thinking they can get away with not only misuse of my information but also wasting my time having to appeal something that I shouldnt have had to in the first place!

This forum and website is amazing - thanks so much again! Will have a read through of all that and see about writing a letter to them informing them of my intention to sue them....

The_Deep

It looks as though some chickens are starting to come home to roost.