PCN for not displaying permit

John_doe3

A place of work and another work premises uses a well known furniture company car park to park there staffs cars. They were sick of too many cars parking in there car park and got a private parking company to erect signs and police the car park.

The furniture company issued permits to both the companys using the car park. The permits are the furniture companys headed compliment paper cut into a rectangle with biro writing "parking permit (the company name issued to)" with date and signd signature.

A car was issued on the 1st of april, for as stated on the pcn, "Unauthorised Parking. The vehicle was parked on private property in contravention of the site parking restrictions as displayed on the signage or permit" . The car had the permit on the passenger seat which must have fallen off the dash when the driver shut the door. The pcn issued and web site show 4 photos of the vehicle and the signage. The photographer must have seen the permit on the passenger seat.

I did a land regestry search and the furniture company is leasing the land. My disagreement for the pcn not to be paid is because the signage doesn't state that the permit should be displayed nor does the permit. The vehicle is parked on there land and has a permit issued to it. The parking company has not issued a NTK yet and is a BPA member. Im going to use the template provided to write to the parking company on Tuesday as its 25days.

Am I right in doing this. Thanks.

Coupon-mad

Yes that is the way forward, not saying who was driving. The aim being to make them cough up a POPLA code but to forget the Notice to Keeper altogether.

John_doe3

Its been 61 days and i still have not recived a NTK or any correspondence. I sent them this letter.

25/04/2017
Dear Sirs

Re: PCN No.


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 were not seen by the driver, are in very small print and the terms are not readable to drivers.

The PCN states “The vehicle was parked on private property in contravention of the site parking restrictions as displayed on the signage or permit”. This car has a permit issued to it. The car had the permit on the passenger seat which must have fallen off the dash when the driver shut the door. The photographer must have seen the permit on the passenger seat. Also the signage and permit do not state that the permit must be displayed.

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, 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. 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,



Is it safe to think they wont be going any further with this.

Coupon-mad

Is it UKPC or TPS maybe? They have form for pretending they emailed or posted a POPLA code...

Not safe to do nothing, email them (who is them?) and demand your POPLA code, telling them you will report them to the BPA if they do not respond this week, with it.

John_doe3

Hi Coupon-mad.

The company is Autosec (Auto Security LTD). I did send the letter with proof of posting and still have the receipt. They dont accept appeals via email which it states on there PCN. Looks like i will have to send a letter to there appeals department with recorded delivery asking them as you say for the POPLA code.

If i dont recive this am i ok to email the BPA with this issue?

Coupon-mad

NOT recorded delivery. Certainly NOT on a Friday LOL, and never to a PPC.

You get a free certificate of posting from any PO counter and hand over your letter, ordinary 1st class.