London Parking Solutions (PCN Parking solutions - Hove/paymypcn.net)

CB1979_2

was contemplating just emailing them telling them to skip the phases/weeks and sort out the court date as i won't be paying and will see them in court.

Castle

waamo wrote: »

A robust appeal and really strange reasoning from Skippy may well discourage them from trying court.

I particularly liked the sentence:-
"I have also considered the manner in which the PCN was served on the Appellant and, despite the Appellant's claims to the contrary, I am satisfied that the correspondence complies with current guidelines".

Strange, I thought that POFA was legislation, not guidelines!

Umkomaas

CB1979 wrote: »

was contemplating just emailing them telling them to skip the phases/weeks and sort out the court date as i won't be paying and will see them in court.

Definitely take the fight to them. Give them 14 days to issue a claim, otherwise you will understand them to have closed the case.

nosferatu1001

Indeed, and state that, if after 14 days they have not filed their claim, that your data must no longer be prcoessed as it is causing undue distress and harassment. This must be treated as a section 10(1) notice under the DPA1998. They have 21 days to confirm that processing has ceased, starting with the day after this notice is given.

Umkomaas

nosferatu1001 wrote: »

Indeed, and state that, if after 14 days they have not filed their claim, that your data must no longer be prcoessed as it is causing undue distress and harassment. This must be treated as a section 10(1) notice under the DPA1998. They have 21 days to confirm that processing has ceased, starting with the day after this notice is given.

Good advice from nosferatu1001.

Hi 'nos', welcome to the 'other side'. :hello:

Your involvement here will be a great addition.

CB1979_2

right, thanks for the advice.

as this now seems to have strayed from a little email to full on "legal terminology" again, is there a foolproof example I could edit anywhere?

obviously i'd rather use the correct terminology, etc.

Dear xxxx,
I'm writing to speed up the process of the PCN XXX, I do not agree with the findings of the IAS, as you know I'm not bound by their decision. Their reasoning for dismissing my appeal does not take into account the full defence and you have still not provided any clear photographs showing that a permit was not on display or most pertinently who the actual driver of the vehicle was displaying numerous acts of non-compliance with PoFA paragraph 13/14 of Schedule 4.

I have no intention of paying the PCN Invoice, there is now no reason for any further communication other than to see you in court.

I hereby give you 14 days notice (starting from 3rd August 2017) to file a court claim otherwise I understand you have closed the case.

If after 14 days you have not filed a claim, my data must no longer be processed as it is causing me undue stress and harassment. This must be treated as a Section 10 (1) notice under the Data Protection Act 1998.

You have 21 days (23rd August 2017) to confirm that the processing has ceased, starting the day this notice is given.

Regards

CB

Umkomaas

Looks ok to me.

CB1979_2

FURTHER UPDATE:

I kind of forgot about this, but I sent an email a few days ago:

To Whom It May Concern,

I'm writing to speed up the process of the PCN xxxxxxx, I do not agree with the findings of the IAS, as you know I'm not bound by their decision. Their reasoning for dismissing my appeal does not take into account the full defence and you have still not provided any clear photographs showing that a permit was not on display or most pertinently who the actual driver of the vehicle was displaying numerous acts of non-compliance with PoFA paragraph 13/14 of Schedule 4.

I have no intention of paying the PCN Invoice, there is now no reason for any further communication other than to see you in court.

There is no need to pass this onto a “debt collection agency” to try and add even more money to your claim, the invoice is between you and the driver of the vehicle, as you know I’m the hirer of the vehicle and it’s your duty to mitigate your losses and to not take unreasonable steps which may increase the loss (ie instructing a “debt collection agency”).

I hereby give you 14 days notice (starting from 24th August 2017) to file a court claim otherwise I understand you have closed the case.
[FONT=&quot]
If after 14 days you have not filed a claim, my data must no longer be processed as it is causing me undue stress and harassment. This must be treated as a Section 10 (1) notice under the Data Protection Act 1998.

You have 21 days (15th September 2017) to confirm that the processing has ceased, starting the day this notice is given.

Regards[/FONT]

[FONT=&quot]

their reply...
[/FONT]

Dear Mr XXXXXX

Thank you for your recent email, the contents of which have been noted.

Your account is now being dealt with by Ultimate Customer Solutions (UCS), please direct all correspondence to them using the details below:-

Email: [EMAIL="admin@contactucs.com"]admin@contactucs.com[/EMAIL]
Tel: 03332 005 341

Kind Regards,

Coupon-mad

So, they've farmed it out to a toothless debt collector to send you some scary letters! Rather like in Ferguson v British Gas, then... unwarranted harassment.

And yet you have already put the PPC on notice that your email was a Section 10 'Objection to Processing' your data, since you are the Hirer/lessee and they failed to hold you liable under the POFA.

Await the first UCS letter, send the same sort of response as that email, then I would refer the entire thing to the ICO for both firms not properly dealing with a Section 10 notice (one 21 days has expired since you sent that first email).