Leisure World Ticket

barrymung

OK, so this is my appeal to PE:

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

A ticket was purchased to watch the film “Dunkirk” at the time of the event. Can you confirm, by way of a system log file or whatever, that the in-building terminal was functional at the time of the event?

The signage at the entrance to the car park is a vinyl banner around 30 to 40ft up on the wall of the building and resembles an advertising banner. It is very “wordy” and there is little opportunity for a driver to stop and read it before entering the car park.

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. Your PCN does not make reference to the “Protection of Freedoms Act” - this renders the issued PCN in question, defective.

In addition your PCN arrived 17 days after the event. As it was issued exactly 14 days after the event, it could never have arrived with me within the 14 day time frame specified by PoPLA (It was sent via the post).

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.

If you continue to pursue me, I will have no hesitation in reporting you to David Dunford of the DVLA, the ICO and the BPA as a precursor to a claim against you for the incorrect use of my personal details in breach of the principles of the Data Protection Act. I will also consider a claim against yourselves for my costs and expenses incurred.

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,
Mung

Does that look OK? I have not included the bits about possibly being ABP land as it seems it might not be. I have also omitted the bit about being able to prove beyond doubt that I couldn't possibly have been in charge of the car at the time. I cant say who was driving at the time - I wasn't there!

KeithP

This map shows Leisureworld to be outside ABP's area.

Redx

the 14 day period is defined in the law named POFA2012, nothing to do with popla

Should you obtain can be changed to Should you have obtained (past tense)

barrymung

Thanks all!

Any more feedback before I send it

barrymung

OK, appeals have gone off to both Odeon and ParkingEye.

I'll report back on the outcome.

Thanks for your help, guys.

barrymung

SUCCESS!!

Email received from ParkingEye with a letter attached to say they are dropping the matter.

Unfortunately, they don't say *why* they are dropping it. It might be because Leisure World have asked them to drop it or it could be due to one or more of the points raised in my appeal to them. Leisure World never responded themselves. Sorry, I don't have any more helpful information than that.

A massive THANK YOU to everyone who contributed to this thread. I will make a donation to MNDA as a gesture of thanks.