Smart Park PCN - non UK

JSY

Update 08.08.18


Received a call from the Hire Co. following my challenge of the 'admin fee' on the grounds that it was not a 'Fine' or 'Penalty'.
Would not reduce or credit this unless I have a confirmation of the cancellation of the PCN.
The responses given were very scripted and when I challenged anything she ever went quiet or repeated the same thing over and over again.


While on the phone I asked them what information they had provided to the Parking Co.
It was confirmed that my full name and address had been provided to them in writing.
So I asked for a copy of this written confirmation supplied to the Parking Co. so I could present this in my case and create a timeline of events, only to be told that they do not store that information!
So a major international hire company formally writes to a third party parking Co, with my personal data and does not keep a copy!!! to which I am told that is correct.
Do they not have to keep a copy for data protection, etc..??


They confirmed that they would not pay the 'fine' on my behalf and Liability was now with myself.


Would not put me through to the department that processed this as they do not talk to customers apparently.
Asked to speak to a line manager and would not put me through to anyone and would have to wait for them to call me again if someone becomes available.


I find it staggering that these people can get away with this, with someone else's personal data.


Still not heard from the Parking Co as yet, all I know is that they have been given my details some time between 16th July and 26th July.

Umkomaas

So a major international hire company formally writes to a third party parking Co, with my personal data and does not keep a copy!!!

A couple of things - if they are a large hire company it's quite likely they will be a member of the BVRLA (trade association) which has agreed a protocol with the BPA for dealing with private parking charges. Check out their paperwork/website to see if they include the BVRLA logo. Read the Mem of Understanding to get the hang of the agreement, which may allow you to go for the jugular (or at least invoke their ADR facility).

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

And as they are holding and have used your personal data, send them a SAR to check exactly what they have on file for you. You need to be pointed and assertive and be precise by giving them no ambiguities about what information you require. Here is a thread discussing the SAR process and how to construct a comprehensive SAR. There will be a myriad of other similar advice elsewhere on the net - via a Google search.

https://forums.moneysavingexpert.com/showthread.php?t=5849784

The_Slithy_Tove

Umkomaas wrote: »

Make sure you do not identify who the driver was. Your role in this is as the vehicle's keeper (for the period of hire) and hirer.

Doesn't really matter if the OP does out themselves as the driver. They are pretty much untouchable due to location.

JSY wrote: »

Received a call from the Hire Co. following my challenge of the 'admin fee' on the grounds that it was not a 'Fine' or 'Penalty'.
Would not reduce or credit this unless I have a confirmation of the cancellation of the PCN.

Time to stop doing this by phone (I know they called you in this case) and start doing everything in writing. Have they actually taken any money from you? Presuming you have checked the Ts & Cs, you write to them, informing them that the are breaching their own terms (and why), and you will not be paying them, and any additional money taken from your card will be challenged immediately with the card company.

Umkomaas

The_Slithy_Tove wrote: »

Doesn't really matter if the OP does out themselves as the driver. They are pretty much untouchable due to location.

Yep, agreed.

Advising on too many threads at the same time! Brain meltdown!

JSY

Hi again


Many thanks for all the help and advise, after my call I emailed them reiterating the details of the call and my formal request for copies of all personal data, relating to myself, that has been supplies to PPC and how this has been processed within their company - Under EU regulation 2016/679 !!!8211; Right to Access.


No money taken at present that I am aware of - company credit card so will double check.
I have again noted that I dispute their invoice for 'Admin Fee' and the ground of T&C's and look to recover any charges levied with my card provider.


Will have a read up regarding BVRLA having printed off the Mem of Understanding.


will see where it goes.

JSY

Ok, so I have come home today to find a PCN in the post, now addressed to myself for the above. It is dated the 30th July so has taken 10 days to reach me.

Ignoring the 14 days notice, etc when should I send in my appeal as hirer/keeper?

The original parking was on the 5th July.

Do I go with the template stating that they have not supplied me with the correct documents, or do I challenge on grace period?

Sorry if I sound a bit dim when asking all these questions, first time I have had to go through this process and hopefully the last.

Thank you again for all the help, it is very much appreciated.

Fruitcake

Thank you for your correspondence regarding PCN No XXXXXX, I herby confirm that I was the hirer and keeper at date of event.
Since I am a non UK resident, you must be aware that the POFA 2012 does not apply and therefore I as keeper on the date of event cannot be held liable.

You must also be aware that under paragraph 13 of Schedule 4 of the POFA, you cannot attempt to transfer liability back to the hire company now that you have been informed that I was the hirer.

You now have the choice of contacting the driver, who will not be named, or cancelling the charge.

Your name here (hirer and keeper at date of event).

JSY

Thank you again for your help and advice.
I have submitted the above statement, applied to myself, on the appeal and await their response.
will let you know once i have heard back from them.

Guys_Dad

Fruitcake wrote: »

Since I am a non UK resident, you must be aware that the POFA 2012 does not apply and therefore I as keeper on the date of event cannot be held liable..

Where on earth does it say that in POFA?

Fruitcake

Guys_Dad wrote: »

Where on earth does it say that in POFA?

SCHEDULE 4

E+W

Recovery of unpaid parking charges



It's under Advanced Features,
Show Geographical Extent (e.g. England, Wales, Scotland, Northern Ireland)


This is how we know it doesn't apply to Scotland and NI.


The UK consists of England and Wales, Scotland, and Northern Ireland only. Anywhere else is outside the UK.