Excel PCN NTK

poundofcarrots

Yes, the ticket we have for one of the PCNs does have a serial number on it.

Coupon-mad

Hmmm...giving this a bit more thought.

Why not hold in your back pocket (ssshhhh...!) the fact you have found one PDT, and just send the identical appeal for both PCNs asking for the data trail VRNs including both the family cars, ask them to search for both VRNs. Both days.

As they allegedly altered the data in Lamilad's case reported on here recently, how about setting them up for a repeat and seeing what they say?

poundofcarrots

Thanks Coupon.

Am just sending the appeals now. Should I post it up here first?

poundofcarrots

Morning all. I've had a reply to both of my appeals. The first one notes that I have stated their PCN is not compliant with POFA but says that "we have not cited POFA 2012". The second reply does not include this sentence, even though my appeals were identical (apart from dates and times).

Both replies state that "in order to process your appeal correctly please follow the instructions below":

1. Notify the driver of the vehicle that they will need to appeal to use directly, including their FULL NAME (Forename and Surname) and a slide FULL SERVICEABLE ADDRESS within 14 days.

2. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming that you are authorised to appeal on his/her behalf; this needs to be an original signature and not a photocopy or a stamp. The statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS.

OR

3. Pay the PCN.

So they're telling me I have to name the driver. Is this right? Thanks in advance.

nosferatu1001

No, of course it isnt right
If you had just seaerched, you would see this is common

You coudl respond, thanking them for confirming that you , as keeper, have no liabilty for this parking charge. You suggest they take the matter up with the driver.

poundofcarrots

I'm just asking for confirmation of this and I would be grateful for some guidance as to the best way of countering their request. As the case has gone slightly off piste from the usual case as far as I can make out.

Also, as suggested by Coupon Mad, I've requested that they provide information about the data from the PDT machines during the time that my wife paid for the ticket but input the wrong number and this has not been provided by Excel so I'm not sure how to proceed from here.

nosferatu1001

No, this has gone exactly as usual
They cannot claim from the keeper so theyre trying to get you to name the driver.

Ive given yo ua suggested respond. Use it or not.

Coupon-mad

Just reiterate what you wanted...repeat it.

And add that you are the registered keeper and that under the POFA, you are not obliged to name the driver. And if they have admitted they are not using the POFA then they have admitted you are not liable, cannot make any presumption in law, and must delete your data. Failure to do so now, will result in a complaint to the Information Commissioner next month.

Add that you are aware that keepers are allowed to appeal and that operators were advised by the DVLA some time ago, that 'trying to make the driver's name & address a requirement' of appeal, is a significant breach of the CoP. So they need to handle your appeal properly and give you the data sheet of VRN/tariff payments that day (suitably redacted of partial VRN details of other cars).

poundofcarrots

Thanks Coupon. Great stuff.

poundofcarrots

Good afternoon. After repeating my request for a list of VRNs input at the site within the hour of the PCN, I received the following response. What seems particularly interesting is that they are refusing to provide this list in order to "protect the privacy of other drivers" even though I requested this information to be partially redacted. In the other case where we have 'lost the ticket' see above, they have not replied since. It appears as they might be up to their old tricks.

The signs at the car park make it clear that a valid ticket must be purchased for all vehicles which park/enter the car park, giving clear notice that the land is private property and that a Charge of £100 will be levied if vehicles park
outside of the Terms and Conditions displayed; signs also state that when a ticket is purchased, the full and accurate vehicle registration number of the vehicle parked must be entered into the P&D ticket machine. The above detailed
vehicle parked without payment of the parking tariff for the vehicle on site and you became liable for the Charge advertised.

In your appeal you state you were not the driver when your vehicle was seen to be parked in the car park. You state that our Notice is not compliant with the Protection Of Freedoms Act (POFA) 2012 on the Notice issued to you; however we have not cited POFA 2012 nor stated that you are liable for the Charge as the vehicle keeper.

It is important we highlight that we will continue to pursue this matter on the reasonable assumption that you were the driver of the vehicle on the date in question until information/evidence to the contrary is provided.

We note your comment that on the date in question you did purchase a ticket, but that you are unable to supply a copy of it as proof . A search of our system shows that we have no record of any ticket being purchased that either matches or resembles the registration number of the vehicle which used the car park on the date in question. By failing to make payment for the period of parking in question you became liable for the Charge Notice issued.
We acknowledge receipt of your request under the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) to exercise your "Right to Erasure" (Right to be Forgotten). We are committed to ensuring the privacy of Individuals whose data we process and will only do so in accordance with our published privacy policies.

In regards to your request we must advise you that although we seek to comply with your instruction, we are not able or permitted to immediately erase all data relevant to you for the following reason(s).

We do not rely on consent as the purpose for processing data, but utilise legitimate interest in respect of a parking charge notice being incurred which we believe you are liable for and therefore whilst the charge remains unpaid, we are not obliged to comply with your request as this would inhibit our ability to pursue the debt.

For this reason we are permitted to retain your data and continue to pursue this charge for a period of up to 6 years. Once all outstanding charges in this matter have been settled, we will no longer have reason for utilising your data and therefore we will be able to process your request in accordance with our retention policies as detailed within our
privacy policy.

We have the right to share your data with authorised third party agents such as debt collectors and court agencies in the pursuit of these unpaid charges.

Further information on the matter can be found in our Privacy Policies published on our website at
http://excelparkingservices.co.uk/privacy-notices but should you be unsatisfied with our actions in this matter you have the right to complain to the Information Commissioners Office (ICO) at
https://www.ico.org.uk or you may also bring the matter to the attention of our Accredited Trade Association which is the International Parking Community (IPC) at https://www.theipc.info

We must also advise you that since we are unable to comply with your request in the manner that you have asked, that you can seek to enforce your right, but this would have to be made through a judicial remedy. You can find out more information on this course of action from the ICO. We also note your request for VRM data captured around the time the contravention was recorded. We are unable to disclose this information to you for reasons of protecting other motorist's confidentiality and their right to privacy; as such this request does not fall under GDPR and so will not be disclosed.

We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the charge
will stand; photographic evidence which supports this can be viewed at
https://www.myparkingcharge.co.uk.