Parking eye parking ticket appeal advice

Quentin

That letter will get you a POPLA code.


Start putting your POPLA appeal together and post it up when done for comment

MidgeyH

Is that what I want or am I better to send reasoning for why ticket is being appealed? E.g. Reasons stated above. Sorry to ask all these questions, just want the best outcome. It also states that they can't apply to Dvla for information, they already have done to enable them to write to me?

Quentin

The newbies FAQ thread does advise to use that letter to "guarantee" a POPLA appeal.


You change it at your risk!


Where have you read that PE cannot get the RK details from DVLA? (As you have discovered they certainly can!)

MidgeyH

That's what the letter in the newbies thread says:

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.

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.

Fruitcake

It doesn't say, they can't obtain DVLA data, it says, should they obtain your data without cause, you may make a DPA breach claim against them.

Just send the template in blue as advised then start reading up on how to win at PoPLA. This will include grace periods before and after parking.

pogofish

If that PCN number is genuine, you need to edit it out NOW!

PE and other PPCs do trawl these forums looking for info to identify/catch-out posters, so protecting your identity is important.

Quentin

And is your forum name a nom de plume and doesn't contain your real name?


(See #7)

Redx

in post #4 I clearly told you to submit it "as is"

what you think it says is not what it actually says, but because they have already done that action then a slight alteration is all that was required if you want to be wholly accurate (not that it matters)

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.

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 have obtained 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,

MidgeyH

Hi, I sent it as it was in the thread. Will post once I receive a reply. Thank you