Parking Fine on paid ticket

Loadsofchildren123

notpayingparkingscam wrote: »

Hi Loadsofchildren123,

I believe it is typically advised not to mention personal details and/or refer to the driver in first person.

Although I suppose that is all rather pointless, as this person has already unintentionally confirmed themselves as the driver to Excel.

I will look at similar cases via the forum to see any other valid arguments that I can use, but do you have insight and/or recommendations?

The issue of not outing oneself as driver is for two reasons:


1. At POPLA stage it's important not to out yourself and to use the forum templates.


2. In proceedings, it's different. It depends on whether they have complied with POFA and you therefore have a watertight keeper's defence.


At proceedings stage, if you have a good driver's defence, I always advise not to hide behind RK status and just run the driver's defence.


Sometimes if RK was driver, but relies solely on a keeper's defence, the judge will just lean over on the day and ask if they were driving. That puts a driver/RK in a difficult position because "no" would be a lie. If a judge asks, you have to answer. Some judges won't do this because they will make the Claimant prove its case. But you're a bit stuffed if you get a judge who does ask.

Coupon-mad

Although I suppose that is all rather pointless, as this person has already unintentionally confirmed themselves as the driver to Excel.

Oh dear. The entire industry must laugh all the way to the bank when they entice people to appeal and (if they do not research it first) hand over the name of the driver.

notpayingparkingscam

Coupon-mad wrote: »

Oh dear. The entire industry must laugh all the way to the bank when they entice people to appeal and (if they do not research it first) hand over the name of the driver.

Yeah, it was all rather naive. Never had much experience with this sort of thing, and the presumption was that with a receipt as proof of payment, it would all get resolved pretty quickly. Like I said, very naive.

nigelbb

Loadsofchildren123 wrote: »

I think you are in trouble over the not entering the full reg, because the t&cs if you buy a ticket probably say the full reg needs to be entered - you then did it through RinGo and you say the displayed terms about that didn't include the same obligation. However, Excel has pointed out that the RinGo app does tell you to enter the "accurate" reg (an ordinary interpretation of that word would be that this means the full reg). So you need to find some other arguments.

To quote from the OP's earlier reply Excel insist that "The Terms and Conditions of parking require that the full and accurate registration number of the vehicle which has been parked on site must be used when payment for parking is made"

The Vehicle Registration Mark consists of both numbers & letters but the T&Cs evidently only require the numbers to be entered. At the very least the T&Cs are ambiguous & as we all know when the terms of a contract are ambiguous then the most favourable reading towards the consumer must be taken.

notpayingparkingscam

Hi All,

I've had an update from Excel's DPO with the following:

This is to acknowledge receipt of your correspondence which quoted the above detailed Charge Notice(s).

You have requested a copy of personal data we hold under your name and/or vehicle registration number in-line with The General Data Protection Regulation (GDPR) and The Data Protection Act 2018.

You must appreciate that for the purpose of Data Protection we cannot disclose details in respect of this matter without being sure of the identity of the person making the request. The Information Commissioner's Office states "If you have doubts about the identity of the person making the request you can ask for more information".

Please note that the period allowed for us to respond to the request for this information, begins when we receive the additional information necessary to ascertain the identity of the person applying for a copy of their personal data.

Therefore in order for us to proceed we require you to supply the following details as soon as possible:

FULL NAME:

FULL ADDRESS:

CHARGE NOTICE NUMBER:

VEHICLE REGISTRATION No:

STATUS OF PERSON MAKING REQUEST:

(i.e. Keeper, Driver or Hirer of vehicle or their representative.



If you are asking on behalf of the data subject (the person making the request), we require a signed and dated statement from them containing the above details and confirming that you are authorised to act on their behalf; their confirmation needs to contain their original signature and not a photocopy or a stamp. The statement MUST contain the requesters FULL NAME (Forename and Surname) and valid FULL SERVICEABLE ADDRESS as detailed above.

The information to be sent may contain a number of PDF documents and/or zip files which will be of a large data size. It is your responsibility to ensure that you are able to both receive and open the files and to check your spam/junk folders at regular intervals.

The requested information will be sent to your confirmed email address unless, we receive confirmation from you that it is to be provided via a secure third party file transfer host, for example WeTransfer.

Yours Sincerely



Data Protection Team

CENTRAL PROCESSING OFFICE"


This seems like a way to set up driver/keeper of vehicle (although I doubt it matters in this case). Should I provide all information?

Many thanks

Coupon-mad

Of course you must (keeper's details). It's a SAR; they can't just give out data to anyone!

notpayingparkingscam

Hi guys,

Quick update - I've received another letter from DNP, now offering me a discount of the "fine" if I agree to pay soon (laughable really) as they and Excel would like this matter to be resolved before they recommend that Excel take me to court.This will be ignored.

Sent relevant details to Excel regarding my SAR and awaiting reply.