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Parking Eye Asda

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  • Albert15
    Albert15 Posts: 12 Forumite
    Red X, sorry to have rushed into this and not done the necessary checks first. Me n Mrs had just got back from hospital as she had a heart scare this morning and when we got in the letter was waiting for her. I told her to leave it for now and I would try and get some advice. She's the computer regular not me and I rushed in as usual like a bull in a china shop! I apologise again and will try and follow the guidance provided (although i am useless with this sort of thing) in order to get the best outcome. Thankyou all for trying to help.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 19 October 2017 at 7:34PM
    no problem and sorry to hear about your troubles

    I hope you realise I had just given another poster (trebor1955) the exact same info so didnt type it out again

    use this appeal on the PE website , as keeper , and re-edit post #1 yet again , the vehicle was captured on site , not you, they have no idea who was driving it , keep it that way and you will easily win this for ZERO cost
    Dear Sirs

    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.

    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, mainly for the following two reasons.

    You have failed POFA2012 due to late delivery of the NTK .

    Should you have obtained 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,
    this sentence shows them they failed to deliver the pcn within 14 days

    You have failed POFA2012 due to late delivery of the NTK .

    they seem to have some sort of failure or failures over the summer because this is happening daily on here

    and complain to ASDA on their website , put a written complaint in and get a trouble ticket for it (I have done this myself for other reasons)
  • Albert15
    Albert15 Posts: 12 Forumite
    Does my friend send this as a letter by post or can this be copied onto the PE Online appeals page?
    Sorry if this is a stupid question.
  • Albert15
    Albert15 Posts: 12 Forumite
    Albert15 wrote: »
    Does my friend send this as a letter by post or can this be copied onto the PE Online appeals page?
    Sorry if this is a stupid question.
    Oh for gods sake... Just noticed you said to use it online!
    My heads shot :(
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    lol , best done on their website , choose keeper from the menu

    copy and paste the above appeal

    submit

    job done for now

    post #1 looks fine now too ;)
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