Indigo | Train Station | QDR solicitors

Coupon-mad

Would this mean I am correct in thinking that should they try to revert to contract law beyond the 6 month window (28/3/18) that would open them up to a claim?

Additionally since I appealed as the driver within the 28 days of their allegation that I breached a Byelaw, they would have no reason to use the DVLA to get my Father-In-Law's details (the owner of the car), and if they did revert (as in the other cases I've read on the forums) to try and extract payment then this would be a clear-cut breach of law / BPA code?

It does sound like the keeper has a case for misuse of their DVLA data, if a demand was sent to the registered keeper after the six months and/or after the PPC already knew who was driving.

The hard job would be explaining this to the ICO who are just IMHO not clued up about parking 'scams' (Hansard, Feb2nd) and who might start saying the PPC can process the keeper's data due to the POFA (which doesn't even apply!).

If explained well to the ICO, by the keeper whose data was abused to demand money beyond the time for laying a penalty before magistrates, maybe they might agree that the Data Protection Principles have been broken by ZZPS/QDR. Read the DPA Principles, there is one about being beyond a reasonable time for processing data, and another about lawful/reasonable processing of data generally.

If the ICO agrees, the keeper could use that formal finding, to support a claim for distress.

Even better if the keeper lays down some 'evidence' of his distress right now (if he has received another demand after the 6 months or after the driver appealed) such as an email to you saying how this is affecting his mental health...etc.

Emails like that can help paint a true picture of distress, to support a DPA breach claim.

ampersand

Minuscule nit-pickery:-)

re: #18 and #31, 6 months will be up on 26 March[not 27], so that's one day fewer :-)))

re: #17, 'Letter = 06 March 2018'

op - is that date on the letter itself and/or somewhere on their envelope?

If there is an envelope date, check gap between it and alleged, notional '6 March' of letter.

They will certainly not have a Certificate of Posting[as you will] for every piece of wittering sent out.

Coupon-mad

Miniscule nit-pickery:-)

Minuscule spelling error !

...pedant, moi?!

ampersand

Oooh yes, c-m and Umkomaas
- et moi, pedant aussi and tutor.
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Main hope is that op has nothing relevant from postie for another 10 days.