Quick queries!

financerulez

In the POPLA appeal, which will be from the Reg Keeper, can RK refer to the driver doing things. Eg can I write:

The driver did not see the sign because there was no lighting.

Or will this be looked upon unfavourably for knowing who was driving and not divulging / them thinking this means RK is driver. My guess is it's fine to write this, but just want to double check.

Umkomaas

There is no obligation placed on the keeper, legally or morally, to divulge the identity of the driver. The driver has informed the keeper of all the circumstances in order for the keeper to defend him/herself from this charge, as is his/her right under PoFA. So that's how the keeper knows the details.

Of course, the PPC could pursue the driver directly ....... should they know who he/she is. . All part of the game the PPC chooses to earn their dirty money from.

Fruitcake

You could comment on what the driver has told you, or that you visited the site with the driver and therefore what you have seen yourself.

financerulez

Hi guys

Appeal nearly ready - they haven't actually sent a POPLA code yet, but I want to be able to upload appeal immediately to put them under pressure. I won't post appeal as it's 14 A4 pages of mostly the stuff used against ECP everyday and fairly confident in the content. If they contest and it wins, I will post for future use by people.

RE my photos:

These are my photos in the dark, that I was going to use to show the entrance t&cs are not readable. Think they are okay, should I use all, or which do you think is best?

1. https://ibb.co/gtG0Pc - Looking at entrance from inside car park (notice Van, shows poorly lighting around entrance - probably should have put this last, as easier to understand from other photos. In fact, perhaps read these from 5 to 1!)
2. https://ibb.co/mnFujc - Looking left from parking spot (notice pay point is lit up, but unrecognisable as a pay point)
3. https://ibb.co/bYE9Hx - Looking right from parking spot (Driver headed this way, so had no reason to pass pay point as no walls in car park)
4. https://ibb.co/mDifPc - Entrance t&cs - closer
5. https://ibb.co/dHdrVH - Entrance t&cs - further - (notice white van - shows height of sign)

I also have photos of the signs in the daytime, usual ECP garbage sign. Worth uploading a legible ECP sign or wait for them to do it? Don't want the adjudicator confused if I upload a legible sign thinking that Driver was there during the daytime/could actually read the sign.

Thanks for advice as always!

Fruitcake

The van really helps. :T

1) Can only be seen from outside the car park from a public right of way. Blank from inside the car park.

2) A fuzzy light by some rubbish bins. It could be anything. The driver may not have looked in that direction at the time of the alleged event.

3) Definitely use this. No signs in sight to draw the driver's attention.

4) Approaching from this direction, Ts and Cs could not be brought to the attention of the driver. Tiny font and nothing prominent.

5) As above.

A better pic would be approaching from the opposite direction where only the (blank) back of the sign would be seen. Turning left from that approach, the driver would be looking for obstructions and pot-holes between the quite narrow entrance poles, and may well have missed any other signs, especially if they were at right angles to the vehicle's direction of travel.

financerulez

Finally got my POPLA Code - will send my appeal tomorrow - all normal points so won't bother posting,

They didn't respond to the s.10 request and 21 days is up. They acknowledged the request and said that their data manager will deal with it, but I've not heard anything.

1. BPA 21.4 I think it is, says they have to comply with the DPA. By failing to respond to the s.10 Notice, they clearly haven't complied - so that'll be added into the appeal, under the non-compliance with BPA CoP section.

2. What course of action do I actually take for them not having replied? Get the iCO to do a s.42 assessment? Or send them another letter saying where's my response, etc?

Thanks all!

Castle

financerulez wrote: »

2. What course of action do I actually take for them not having replied? Get the iCO to do a s.42 assessment? Or send them another letter saying where's my response, etc?

Thanks all!

Make a complaint to the ICO.

Failure to comply with a section 10 notice is a breach of the 6th principle of the 1998DPA

financerulez

Thanks.

With the POPLA appeal, do I need to provide the NtK, my appeal etc or will ECP provide all this? (I've specifically referenced them in the appeal.)

Umkomaas

The PPC has to provide copies to POPLA of everything they have sent to you. If you find, when you receive their evidence pack, that the NtK (or any other important document) is missing, you make that clear to POPLA - and as the PPC cannot then furnish further evidence, you are on the way to winning.