Help please - have i made a mistake?

Standupforyourself

Coupon-mad wrote: »

If this is Council land, the keeper must be the appellant, not the driver (and not some third party replying 'on behalf of' the keeper) if you as a family want to win.

The council is the landower yes.

I may have said in previous posts that i accidentally named myself as the driver (which i might not have been) but then submitted a new appeal straight after on behalf of the registered keeper.

Interestingly what has happened is that the first "invoice/penalty" notice we received was aimed at the registered keeper. We appealed but have heard nothing back in response to the appeal. However, we had a second invoice/notice in the post only yesterday which was addressed to me, not the registered keeper, claiming i have identified myself as the driver.

Still,, we have not had an official response to either of the appeals. Do they not need to respond to the appeal before issuing a second reminder?

Standupforyourself

Loadsofchildren123 wrote: »

"letter of authorisation to act on behalf of the liable party"
No idea what this is, could you post a link to it so we can see it? Put it in dropbox or tinypic or somewhere like that.

Hi Loadsofchildren

To reply to you directly it seems like a moot point now. They have sent a second PCN but this one is addressed to me not the registered keeper, claiming i have identified myself as the driver! I guess my question is can they do this if they haven't replied to our appeal and provided a POPLA code? I've got to say this whole process is totally confusing me but i guess that is a deliberate ploy.

To summarise:

Registered Keeper received PCN in post
I identified myself as driver by mistake on original appeal
I sent immediate follow up correcting this error
PP appeared to respond to my second appeal as they asked that i disclose the drivers name which i ignored
I've had no response to appeal
I've had no POPLA code provided
PP have sent second PCN but this time to me claiming i am the driver. Price has gone up to £100 (from 60)

Coupon-mad

However, we had a second invoice/notice in the post only yesterday which was addressed to me, not the registered keeper, claiming i have identified myself as the driver.

Darn, you blabbed and they are aiming at you as driver now, and you are stuck with that stance.

You must now appeal...again...as driver, to this new PCN (it was the response to the first appeal where you named yourself as driver, they are correct to issue a PCN to you).

Standupforyourself

Coupon-mad wrote: »

Darn, you blabbed and they are aiming at you as driver now, and you are stuck with that stance.

You must now appeal...again...as driver, to this new PCN (it was the response to the first appeal where you named yourself as driver, they are correct to issue a PCN to you).

Hi Coupon

I didnt blab. I accidently put myself as driver on the drop down list on the appeal instead of other. I was representing the registered keeper of the vehicle. There is no clear proof of who was driving as far as i am aware.

Even though i am not the driver do i now need to act as if i was? Or should i contest on the grounds of no evidence of who was driving. the supplied photos are unclear.

Coupon-mad

Send the Data Protection Officer an email or letter (see the PPC's privacy page for contact details of their DPO...probably).

Head it up GDPR - RECTIFICATION NOTICE

And tell them that the data their system holds is wrong due to the drop-down menu defaulting to, or wrongly storing the word 'driver', when in fact you've never driven this car and were just representing the registered keeper of the vehicle.

If you are a third party (a stranger to the alleged contract) say so and demand that the DPO erases your data and reverts to the rk you are 'representing (you need the rk's agreement) and this is a messy way to do it, why not just appeal in the name of th rk in the first place!

If the PPC refuse to rectify the inaccurate data that wrongly has you as 'driver' due to their own confusing appeals page menu, complain online to the ICO about the PPC failing to act on a Rectification Notice.

Standupforyourself

thanks

What can i say, my wife asked me to do the appeal for her and i messed it up a bit.

Are you saying that cos i accidentally selected "driver" that this is in some way legally binding? There is no signature on there from me or anyone.

nosferatu1001

It is simply incorrect data they will attempt to use against you
SO you do EXACTLY as told, because youre only told things for a reason.

Standupforyourself

loving this feedback, people. You are all saints.

I have written to PP and followed Coupon Mad's advice. Let's see what comes of it but i am well up for a scrap now...

Coupon-mad

Standupforyourself wrote: »

Are you saying that cos i accidentally selected "driver" that this is in some way legally binding? There is no signature on there from me or anyone.

Yes, they could sue you as 'admitted driver' and you would have to defend the case even though you were not the driver, so put it right now!

If you cannot say that you have 'never driven this car' say that the car 'is usually driven by a female family member' and point out if that seems to be the case from the grainy images of the car. Not you then!

If you unpick this mess with a Rectification Notice, if PP refuse to rectify the inaccurate data, then complain to the ICO online, if PP refuse to rectify their data.

PP will likely ask 'who was driving then?'

...and you can say you are neither the keeper nor the driver, and were only trying to help a family member to appeal who was just the registered keeper, and the drop-down menu list must have defaulted wrongly to driver, unbeknown to you.

So you can tell them that you have no obligation to comment either way except to rectify the error caused by their drop down menu which you do not know how it happened, but it is inaccurate and you will complain to the ICO if this is not put right.

I see you've already sent the RN, so gear yourself up for an ICO complaint when PP squeal.

Standupforyourself

As far as i could see there is no information about any privacy officer on the PP's website so I have sent my complaint directly to PP on their appeal site. I also got the registered keeper to appeal again and state (again) that we do not know who was driving.