Maidencombe Beach - Park With Ease PCN sent after 57 days

Ice_Ice_Baby

Thanks for the heads up on this - that is quite heartening. They did not give you a copy of the IAS appeal they submitted did they?

:beer:

Umkomaas

It went to IAS, but PWE didn't respond to the IAS appeal, so it was granted in favour of of the keeper.

A rare bird indeed.

StaffsSW

Ice_Ice_Baby wrote: »

Thanks for the heads up on this - that is quite heartening. They did not give you a copy of the IAS appeal they submitted did they?

:beer:

I saw it, but don't have a copy - the first point of appeal was the POFA dates and how they didn't comply with paragraph 9, but the usual inadequate signage, land owner authority templated points were in there as well, most of which were copied from other appeals he lifted from these threads.

Ice_Ice_Baby

I received Reminder to Keeper which was a badly cut and pasted mock up of the original Notice to Keeper - and which appeared tooter the opportunity to appeal to IAS again.

Although I had decided not to pursue IAS appeal, the route was not open for this reminder, despite it indicating there were 28 days to do so.

I have drafted a further response to PWE as follows, which I think provides me with a vehicle to invoice them for current and future communications, as well as seeking punitive damages if this matter gets as far as court. Is it OK?

Dear Sirs
Re: Parking Charge – Reminder (Your reference XXX XXXXX)

Further to my earlier communications on this matter, Given the receipt of your further, rather poor quality cut and paste, communication, I feel it necessary to be clear that: at this time, as the registered Keeper of the vehicle XXX XXX, I reject your Parking Charge Notice as an unsolicited and speculative invoice and that any alleged debt is denied.

I note your statement that the pursuit of this matter is not based upon the Protection of Freedoms Act 2012. However your request to DVLA for keeper details was made within POFA timescales, despite the lengthy period that elapsed before you chose to serve your original Notice to Keeper. I note that, by not pursuing this matter through POFA, you appear to have acted outside the guidance of your own professional Association, as well as possibly breaching the terms of the Keeper at Date of Event (KADOE) contract your company has with DVLA.

Your original Notice to Keeper letter does not comply with the Protection of Freedoms Act 2012 as it was not served within the 14 days as required under Schedule 4 of the Act. As such, no transfer of liability for the parking Charge to the Registered Keeper is possible, if you are unable to obtain payment from the driver of the vehicle, and you must now take the matter up with the driver. Consequently, as the Registered Keeper of the above vehicle I do not require any further communications from yourself, other than to confirm that you are ceasing any further pursuit of the parking charge from myself.

As a result of your failure to comply with POFA timescales there is no legal obligation for me to name the driver. In addition, on the basis of your approach to date in respect of this matter, I see no moral reason to hand over a colleague, friend or family member to be harassed by your parking company, and I decline to do so.

At this time you have not furnished any proof that the vehicle was parked at the Maidencombe Beach car park site, or that there was the breach of any contract or grounds to seek damages that justifies your issuing of a parking charge notice.

Whilst I note you claim that grounds exist for you to issue a parking charge notice for non-payment of a parking charge, I note from my research that there are several occasions where your company has made similar claims to others who had actually paid the required fee for parking at that time - but your company’s ANPR/computerised systems failed to properly and accurately record and/or register such payments. You have not offered any proof that your systems at this car park were accurate and working correctly at the time of this alleged incident.

In the absence of any additional information from yourselves and, on the basis of other information and photographs I have recently received regarding this car park, I believe that your signage at this location does not meet the standards to support any legal claim for payment, or meet those required by your professional organisation.

Furthermore, you have not furnished any proof that your organisation has a legal basis to request any payment in respect the Maidencombe Beach car park site, you have not provided any proof that you are the landowner of the site, or that you have any mandate or legal agreement to act on behalf of the landowner in this matter.

I originally asked that you made available access to an ADR service that was transparent in its operation, independent, with a independent scrutiny board, and seen to be compliant with Schedule 3 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Your Independent Appeals service (AIS) fails to meet these criteria at this time.

Currently you have failed to demonstrate any grounds you have to legitimately require any payments from me, and I reject your current speculative invoice in entirety. Consequently, I will not pursue the appeal course of action, as there is currently nothing to appeal and, even if there were, there is no adequate ADR facility to pursue such an option.

Should you continue to pursue me with your current frivolous and vexatious claim I would advise that I will seek reimbursement for the costs that I incur in receiving, processing and responding to any future communications from you regarding this matter, as well as any additional costs that I may incur should you choose to take this matter to court. To date, on the basis of an hourly rate of £19.00 per hour, I estimate that these costs amount to the sum of £95.00, although I would expect them to become significantly much more should you choose to continue with this matter. I am prepared to waive any costs incurred by myself to date should you agree to cease this matter within 28 days of receipt of this communication, but will accept any continued communications from yourselves or your agents as proof of your acceptance these terms.

Your continuing behaviour in this matter is causing myself and my family considerable distress, and you do not have reasonable cause to hold my data on your system. In my original response (of 18th October 2017) to you I requested your immediate cessation of any further processing of my personal data or any passing of this data to any third party, except to inform me of your compliance with this request. I also clearly stated that you needed to consider that letter as formal Notice under Section 10 of the DPA.

The letter acted as a Formal Section 10 Notification and you should have passed it on to your Data Controller. In addition, you have failed to respond to the notice within 21 days to confirm that you had or would comply with the notice and that you would remove my data from your systems and that of your agents - or to explain why you had not/would not comply. I further reminded you of your legal obligation under the Data Protection Act in my subsequent e-mail to you on. Clearly your disregard of this notice and continuing harassment of myself constitutes a flagrant disregard of the DPA which I intend to report to the ICO. This may result in sanctions being taken out against you, including suspension of your licence as a Data Controller. This could have an adverse effect on your business.


I now demand that you immediately cease and desist from processing my personal data, except to inform me that you have complied with this demand. Any further processing of my personal data, including demands for payment or passing my personal data to any third party, will be considered harassment and a flagrant disregard of the DPA, which will be reported to any organisation that has contracted your services in this matter, the DVLA, your ATA, and it may also result in a request that any future legal award of costs to myself against you considers compensation or damages, including Exemplary or Punitive damages.

I have kept proof of submission of this communication to you. I now consider this matter closed. Do not write to me again, save to confirm your compliance with the Section 10 Notification.


.

Yours faithfully,


The Registered Keeper