ANPR ticket confusion

Craig_Maddocks

Brother In law has recieved a PCN, I have appealed a PCN before and won. So im wondering before I send this is it correct.

Quick summery:
The ticket was given in Wigan at a DW sports gym which is attached to SoccerDome, so the driver used the car park and gone into the soccerdome. The ticket was sent 8 days later to the keeper, and it says he was in a members only car park for DW.

I dont know what the signs are like there but looking on google earth (steet view) I cant see any. (it may be an old picture) the ticket was issued by ParkingEye and iis issued under the POFA.

Is this the next step? I have slightly changed the "obtained registerd keepers details' bit

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Dear Sirs

Re: PCN No. xxxxxxxxx

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.

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,
xxxxxxxxxxxxx

Redx

yes , the altered template is fine

getting the latest signage pictures may be crucial to any "defence" or appeal

Umkomaas

The ticket was sent 8 days later to the keeper, and it says he was in a members only car park for DW.

There’s likely to be a keypad in the gym where members/users key in their VRM details every time they use the gym. That’s the only way the standard ANPR method used by PE can ascertain the vehicle belonged to a non-member on the day.

You definitely need to get your own, very clear photos of the signage to check whether they contain any requirements to log in at the gym. The signage is the contract into which the driver is deemed to have entered.