Firm using old machines - they don't take 10p or 5p coins

Umkomaas

Was the windscreen ticket one which suggests there 'may have been a contravention' and asks you to check the details on a website address they give?

Or was it a fully completed ticket with all your car's details (VRM, colour, model etc) and enclosed in a packet and attached to your windscreen?

philmac750

It was the former but I didn't login

Coupon-mad

philmac750 wrote: »

6 days after the PCN ? Isn't it 28 before contacting DVLA ?

Yes but VCS, or is it Excel, have come up with a wizard wheeze of using a NTD that's not a NTD and it seems to be slipping right through the DVLA net (which is full of holes). Sounds like one of the usual brief ones people keep posting about.

philmac750

So, I have video and phographic evidence that the machine was not working properly, no lighting on the signs and no lighting on the machine. Is the next step is to send them a letter in a few days time rejecting their PCN as the RK of the vehicle ?

Umkomaas

philmac750 wrote: »

So, I have video and phographic evidence that the machine was not working properly, no lighting on the signs and no lighting on the machine. Is the next step is to send them a letter in a few days time rejecting their PCN as the RK of the vehicle ?

You follow the NEWBIES FAQ sticky, post #1 using the IPC initial appeal. If you want to add those points to it, then you can, as long as you are careful not to reveal who was driving.

But you need to manage your expectations right now, by not expecting whatever you put in that appeal to make a blind bit of difference. I can 99.99% guarantee that your appeal will be rejected by Excel.

You then need to read the cons and cons of subsequently appealing to the IAS. Again, you need to manage any unrealistic expectations you might have about a likely outcome.

I'd be looking to use the evidence that you have assembled as part of your defence should this ever go before a judge.

philmac750

Have they not broken any rules or the data protection act by accessing my information way too early ?

Umkomaas

philmac750 wrote: »

Have they not broken any rules or the data protection act by accessing my information way too early ?

The DVLA don't believe they have. They have found nothing untoward with the way these 'advisory tickets' have been issued.

But you must take it up with the DVLA yourself, and if no satisfaction, complain to the ICO.

We don't like the way this manipulation of the system is taking place, but the forum isn't the place to provide you with a definitive black or white answer.

Coupon-mad

philmac750 wrote: »

Have they not broken any rules or the data protection act by accessing my information way too early ?

It would be worth a detailed complaint to the ICO but bear in mind the ICO will not know about the POFA, the deadlines, or the fact that after a NTD a parking firm must wait for over 28 days before accessing DVLA data.

It all comes down to whether this is a NTD. Many of us say it must be, because otherwise what is it, a nullity? But others say it's not a NTD. It wouild be good to see the ICO's opinion on whether data has been accessed too early, if they receive a formal complaint about this conduct, showing them the rules as set out, including the requirement to wait over 28 days after a NTD before accessing DVLA data.

I can't recall where that is set out, although I remember it is...KADOE? In an FOI? Anyone know?