UKPC SCS Law Court Help!!!

Alex.o.2017

Hahaha that is a very good idea! What grounds would I have to claim against them? Harassment? Stress? Would a judge not be annoyed that I was "time wasting" with a counter claim... Thanks all :beer:

Coupon-mad

Data misuse under the DPA and harassment = compensation. I wasn't joking.

Alex.o.2017

That is an amazing point! Is there a template I can Base off or should I knock something up and post for approval?

Coupon-mad you are a serious credit to not just this forum but humanity in general!:beer::beer::beer::beer::beer::D:D

Coupon-mad

No template as this is quite new but we are learning this year how these can win:

http://forums.moneysavingexpert.com/showthread.php?t=5655023

Thread about DPA misuse and its possible application in PPC cases, thanks to Timothea here:

http://forums.moneysavingexpert.com/showthread.php?t=5585388

HTH

Alex.o.2017

That makes for some fantastic reading! I will go over it and put a letter together and post on here. I have found something of interest on there though... I am being pursued as keeper and the signage although small and often missing from the ticket area states "no unauthorised parking" would this constitute a data misuse as the keeper cannot be hold accountable for trespass? :j:beer:

Umkomaas

I am being pursued as keeper and the signage although small and often missing from the ticket area states "no unauthorised parking" would this constitute a data misuse as the keeper cannot be hold accountable for trespass?

They first have to contact the keeper in an attempt to ascertain the driver's details. A trespass case would first have to be proved, then that could open up the potential for a DPA breach claim.

But these are very early days in pursuing this strategy and only a couple of DPA breach claims have gone through. Any potential case you might have seems to have a further, unexplored dimension.

Unless you are prepared to spearhead this 'trespass' dimension through (and I'd suggest there'll be choppy waters at this early stage) with lots of work and research, then maybe just go for the more basic approach. Or, wait to see (and learn) how the early cases are being dealt with, then choose your moment.

You have up to 6 years to pursue this.

Alex.o.2017

I have just spoken to the local council and they state all roads in that area are public highway and there is no "private land" very ironic considering the "private land" UKPC signage... I will put together a good response about the DPA counter claim and compile my evidence for any case presented. I will state the poor signs, missing entrance signage and the confusion about where the ppcs remit actually is and ends. Then go in with the tickets are for no permit which is unauthorised parking eg no contract made but trespassing... You know trespassing on PUBLIC highways happy days let me chase up that planning query too!

Alex.o.2017

Umkomaas wrote: »

They first have to contact the keeper in an attempt to ascertain the driver's details. A trespass case would first have to be proved, then that could open up the potential for a DPA breach claim.

But these are very early days in pursuing this strategy and only a couple of DPA breach claims have gone through. Any potential case you might have seems to have a further, unexplored dimension.

Unless you are prepared to spearhead this 'trespass' dimension through (and I'd suggest there'll be choppy waters at this early stage) with lots of work and research, then maybe just go for the more basic approach. Or, wait to see (and learn) how the early cases are being dealt with, then choose your moment.

You have up to 6 years to pursue this.

OK I will steer clear of said waters for the moment put that you so much for the detailed explanation and on going support :beer:

safarmuk

I have just spoken to the local council and they state all roads in that area are public highway and there is no "private land"

If the roads are public highway then who instructed the PPC? Surely, only the council would have been able to do so.

To be absolutely clear, were you parked on the road itself (e.g. on the tarmac that makes up the roadway between the kerbs) or on a visitors bay which was off the road (e.g. in a bay that was on the pavement side of the kerb that makes up the roadway)

Alex.o.2017

80% of the tickets are on a road (between curbs) where the double yellows stop and there is a car park behind, however the other tickets are from car parks that you need to cross over the payment to get to