Train Station "PenaltyCN"

Umkomaas

It doesn’t need to state ‘Notice to Keeper’, but it is literally a (lower case) notice to the keeper, so you treat it as a NtK - first notification.

As you’ve got 28 days to appeal, you need to do that near to the deadline as you are looking to drag this out beyond the 6 months the TOC has to pursue through the Mags Court.

When you come to doing the appeal, you use the blue text template appeal from the NEWBIES FAQ sticky, post #1, and you send it by precisely the method required - as shown in the NtK.

Hockey27

It says to appeal to Parking "Charlie Sierra Lima"

Thanks for confirming NTK is valid as such, will send Blue appeal at 26± days and await a POPLA code!!

Hockey27

Hi all

Hope everyone had a god xmas and new year?

An update on this one, I appealed as the "Registered Keeper" to the PPC 2-3 days prior to the deadline using the blue template, I have now received a response from the PPC declining my appeal (17 days since), excerpts from the email are below, the data protection bit was an interesting read, not sure if this is standard response or if a worrying abuse/ breach??

One thing to note is that a POPLA code has not been offered, nor referenced in the email!

Thank you for your communication regarding the above Penalty Charge Notice (PCN).
After carefully considering the points made in your appeal, I am unable to offer you a cancellation as I am satisfied that the PCN was issued correctly.
I will offer the following comments as to why this PCN was correctly issued and is still payable.

My findings
The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on XX/XX/2017, a PCN was correctly and legitimately issued.
The terms and conditions were broken by parking on private land without making a valid payment.


Section 10 notice
You have objected to our processing of your data under Section 10 of the Data Protection Act 1998. However, you have no right to object to our doing so if:
you have consented to the processing;
the processing is necessary:
in relation to a contract that the individual has entered into; or
because the individual has asked for something to be done so they can enter into a contract;
the processing is necessary because of a legal obligation that applies to you (other than a contractual obligation); or
the processing is necessary to protect the individual’s “vital interests”.
the processing does not cause unwarranted and substantial damage or distress.
Your details were obtained from the DVLA under a reasonable cause request.
We believe that our holding of your details on the file is correct due to the validity of the parking charge and we do not believe that our processing of your data will cause you unwarranted and substantial damage or distress. Therefore, we will not remove your details from our system.


Separately I have received a letter from D.R.Plus, dated 6 days after I sent my appeal letter with all the usual spiel and giving me a deadline in which to pay.


The next steps.....

- Should I continue to ignore D.R.P?
- Should I respond re-iterating my request for a POPLA code (and only that) in the first instance?
- Reference the reason given (parked on private land without paying), that is untrue as a ticket was paid when the driver was able to do so? something to save for a POPLA appeal perhaps?


Thanks in advance for any and all assistance

pappa_golf

thank you for your communication regarding the above Penalty Charge Notice ?

Hockey27

Hey Pappa Golf

Correct, they are chasing a "Penalty charge notice" for my vehicle, for allegedly parking in a railway station car park and not paying for parking

pappa_golf

parking charge notice = civil = parking co v you

penalty charge = legal (magistrates court) TRAIN Co v you

why have popla adjudicated on a case that does not concurn them ?

Hockey27

Sorry, think there may some confusion! This is a reply from the PPC.

pappa_golf

does the land come under railway bylaws , are there sighs stating railway land or not

in you initial post you say "Upon return to the car a PCN was on the windscreen (which left an awful amount of residue once removed), stating all the usual, byelaws, prosecution etc etc. Once able (the first available chance)parking was immediately paid for at the full day rate/ full charge that would have been incurred."


so , the land comes under bylaws , it would be upto the train co to take you to court , within 6 mths of the incident

Hockey27

Hey Pappa Golf

Yes, the land is under byleaws, this is stated on the ticket and the signs, albeit it very small writing!

Are you suggesting they shouldn't be chasing at all, or are they able to chase on behalf of the TOC??

pappa_golf

look at other railway threads , ONLY the train co can take you to court ,

the Parking Co cannot get info from the DVLA and pass it to a company that is not registered with the DVLA , the train co is not registerd with the BPA or micky mouse club (IPC)

bide your time , play ping pong royal main , 6 mths will pass quickly

its a game , pay us £100 and we will not tell the train company ,,,,,,,,,