Parking out of bay

Leeman82

Hi, I have received a pcn from a company called care parking for parking outside of a bay. This is the first I have heard of it as there was no notice on my car when I returned. Looking at the care parking sire it does show a picture of the notice on my car so I'm guessing this has either been removed by someone or simply clown away.

After reading the newbie thread (a lot to take in) I came to the conclusion that I need to appeal via the method below. Once I filled the online appeal form therw are 2 tick boxes "appeal as driver" or appeal as registered keeper". I clicked appeal as keeper but the form asks me to click appeal as driver and won't submit until I do so. As stated in the thread "dont name the driver" this clearly will name me as the driver by doing so right?

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.

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.

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,

claxtome

Just looked up care parking as never come across them before. The website mentions them as BPA Approved Operator Scheme (AOS) members but I don't see them on the BPA website. Hmm also couldn't find them on BMPA website.

The appeal part of the website doesn't sound good and think you did the right thing by not selecting 'Appeal as Driver'.

Is there an email address for them instead where you can email your appeal OR possibly complain about their appeal website.

You were right to be careful not to mention who driver is in any correspondence.

Also incase you want to appeal to POPLA as keeper I suggest you alter your initial post so it mentions "driver did" not "I did".

Leeman82

Thanks for the reply. I have emailed the address provided for appeals. Will feedback what they come back with.