Smart (or dumb?) parking - help with pcn

The_Deep

Surely, if they have issued a ticket for a breach in NI and you have never been there it is game over for the PPC. If they persist issue a claim for wrongful acquisition of data.

daveyjp

Rob_Ashford wrote: »

I think it might be the coop car park in Saltaire as it has changed form Bradford council.

This one?

http://www.thetelegraphandargus.co.uk/news/15397970.Motorists_hit_out_in_car_park_row/

samb0b

***UPDATE***

I received a letter yesterday saying that the PCN (alleged contravention 25/06/17) had been cancelled. No apology, just that it had been cancelled....although an apology would have been nice, I was happy that I did not have to fight any further.

Or so it seemed....

Today I got another letter from them with new a PCN, dated 11/07/17 with the same pictures, this time stating the location as Saltaire, Bradford!

I'm quite annoyed by this and am looking for some more advice if possible?

many thanks

Redx

appeal using the blue text template in the NEWBIES sticky thread

do not say who was driving

if there have been more than 15 days from the alleged date of the "contravention" , add a note stating that

As POFA2012 has not been followed , as keeper of the vehicle I am not liable and you should chase up the DRIVER , who shall not be named

samb0b

ok, thank you I will do that.

Should I follow the below advice (posted previously above by another member) for the previous incorrect;y issued PCN that they have cancelled?

"Once Smart come back with an apology, you will then issue a Letter of Claim for £250 (maybe more) for the incorrect use of your personal data by breaching the Data Protection Act principle. They have 'previous'.

LINK REMOVED

You will inform both the BPA and the DVLA of the Smart response and ask that punitive sanctions are implemented against Smart. "

Redx

you would need to email the DVLA and get proof of that

if the error is internal, and they have corrected it , then for now this one takes precedence

so assuming they have reissued the original contravention with the amended location , all its done is delay the new pcn , which after 15 days would work in your favour , hence my reply

chances are they accessed the data once, then issued incorrect paperwork which they have now corrected, so I do not believe thay have accessed your data twice

samb0b

something seems a bit contradictory between the blue text template and the POFA 2012 note you have advised me to add Redx? please see below draft of letter:

Dear Sir/Madam,

Regarding your most recent parking charge notice dated 11/07/2017

This is in relation to an alleged contravention dated 25/06/2017

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.

Furthermore, please note that it has been more than 15 days since the date of alleged contravention so as POFA 2012 has not been followed, as keeper of the vehicle I am not liable and you should chase up the DRIVER, who shall not be named.

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,

Redx

that is the point , if they are relying on POFA2012, plus if they have failed it by getting the NTK to the RK after day 14 , you are advising them of that fact

ie:- they are relying on it , yet have apparently failed it ???????????

if you can think of better wording , use it , but dont blow your toes off

only you know if they failed the 14 day rule on the new NTK , because you have not told us , but it seems to me that they failed with the new NTK

change the DVLA part to past tense too

as in

Should you have obtained the

samb0b

yes, they have failed it. the alleged contravention was 25/06/2017 and this new PCN is dated 11/07/17 so that's 17 days.

I have read about POFA 2012 a bit more now and think I understand it better.

I have changed that bit of wording to past tense and sent so let's see what they come back with.

Thanks for your help! :beer:

samb0b

*** UPDATE ***

They replied to my email saying:

"Dear Sir/Madam,

Thank you for your recent communication.

We have taken note in what you have said , but to take this further you will need to make an appeal either online on our website LINK REMOVED or send this in writing via post to the below address.

Please also submit any evidence you wish to show with the appeal."

So I have replied back:

Dear Sir/Madam,

Thank you for your prompt reply.

I find it interesting how you dealt with and cancelled the original PCN TC4540988A when writing to you at this email address, yet for this following related PCN TC45502794 (where you have simply amended the alleged contravention location) you are asking me to appeal via your website or post.

It would appear that you have a double standard when dealing with complaints / appeals and are purposely trying to hinder or delay my complaint / appeal.

I must inform you that by doing so you are causing my family and I further undue anxiety and distress. I should add that should this matter go any further this will be highlighted and addressed appropriately.

I will go through your appeals process on your website, but I wish for this complaint to be noted with David Dunford, BPA, and the DVLA.

Yours,