IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Holy Trinity Church Newquay

24567

Comments

  • TalkGirl_uk
    TalkGirl_uk Posts: 91
    First Anniversary First Post Combo Breaker
    Forumite
    Would this be okay? Highlighted sentence in bold

    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. Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

    Therefore, 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,
  • Fruitcake
    Fruitcake Posts: 58,155
    Name Dropper Photogenic First Anniversary First Post
    Forumite
    That's perfect. They now know you are getting forum help and that you are not a pushover. This of course does not mean they will cancel, but it might just tip the balance if you are lucky.

    Don't forget to complain to your MP about this unregulated scam industry either.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • TalkGirl_uk
    TalkGirl_uk Posts: 91
    First Anniversary First Post Combo Breaker
    Forumite
    Wicked! Lets hope so, my partner is thinking of taking it further and having a go back at them. So a cancel might be a good thing ha!

    Will do!
  • Fruitcake
    Fruitcake Posts: 58,155
    Name Dropper Photogenic First Anniversary First Post
    Forumite
    Wicked! Lets hope so, my partner is thinking of taking it further and having a go back at them. So a cancel might be a good thing ha!

    Will do!

    Once you have beaten them at PoPLA you might then want to go after them for a DPA breach since they had no business getting keeper details when they knew they were outside the very strict requirements of PoPLA. You don't need to show a loss fo this, only that a breach has occurred. Ball park figures in your favour would be 250 to 750, so the suggestion is normally to go for £500, especially as there is now info around to show that this is the going rate. Obviously come back here for guidance on this, and also if/when it comes to PoPLA.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • TalkGirl_uk
    TalkGirl_uk Posts: 91
    First Anniversary First Post Combo Breaker
    Forumite
    edited 26 July 2017 at 7:18PM
    Great advice, thank you! I think it is likely that we will do this.

    Okay a couple of things as I have just gone through to the appeals portal on ParkingEye's website. Now it mentions details i.e. name etc and a drop down option (i.e. driver, registered keeper, registered keeper and drive, other). Now i am just copping the name and address on the PCN and selecting registered keeper....is that right?

    Second point is when you go through to the next page you get a lovely drop down lost of why you are appealing. These include customer on site, visitor of the site, working on site, paid for parking, incorrect registration, was a patient, car difficulties, valid permit, not the driver of the vehicle, other.

    Am i right i thinking I put i was not the driver of the vehicle?

    Sorry for more questions but i just want to make sure i don't shoot us in the foot!
  • Fruitcake
    Fruitcake Posts: 58,155
    Name Dropper Photogenic First Anniversary First Post
    Forumite
    Select keeper, and other. Just be careful because one box defaults to driver, and even if you select keeper but then make changes elsewhere, the box will revert to driver. Check, double check, and triple check before you submit it.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 130,634
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    There is no mention of POFA/keeper liability after 29 days.

    Are you sure? On the back?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • TalkGirl_uk
    TalkGirl_uk Posts: 91
    First Anniversary First Post Combo Breaker
    Forumite
    Thank you Fruitcake.

    Being honest Coupon-mad I'm not 100% sure. There is no mention of a similar 29day wording as Fruitcake highlighted above. The only similar statement is that "if you were not the driver you should tell us the name and current postal address of driver and pass this notice to them." So i don't know if that is it?

    Otherwise the only specific days mentioned is that appeals have to be received within 28days.

    So i really don't know and i can't seem to upload a snapshot to show.
  • Coupon-mad
    Coupon-mad Posts: 130,634
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    Yay - you have a golden ticket!!!!

    You win at POPLA, like everyone else does with a PE non-POFA PCN, by not saying who was driving and sending the usual appeals as per the NEWBIES thread, choosing 'registered keeper' (NOT 'driver'!).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • TalkGirl_uk
    TalkGirl_uk Posts: 91
    First Anniversary First Post Combo Breaker
    Forumite
    Whoop very exciting! So i have just gone to complete the appeal process and every step of the way there is something i find i want to question.

    1) Am i right in thinking that I am okay to enter the registered keepers details as they're appear on the PCN without incriminating ourselves?

    2) On the final page it comes up with the following wording "I confirm I have attached all supporting information available to me, and understand that I will be unable to provide any additional evidence at a later date, unless specifically requested by ParkingEye" Now i have selected other in the drop down menu and copy/pasted the letter in to the box marked for appeals but I have not included copies of the ticket at this time. Does this mean i could not draw on the paid ticket in my POPLA appeal?

    Sorry to ask such trivial questions but i really hate the idea of these people being able to screw us over on a technicality!
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards