Period of validity

Missaver

Yes, I agree Re predator and prey. I only asked because by requesting to opt out, it means anyone can take over your space and there might not be anything the owner can do about it..

However, that's a different story from this thread, which to summarise, is what's happened so far :

Keeper of vehicle receives keeper liability letter which happened at the end of July in September. This is the 1st letter or notification to arrive, the driver had parked in a restricted area for unloading and moving in purposes.

Incidentally there are no signs nearby warning of permits or parking restrictions and the driver at the time was given the ok by concierge to park there temporarily.

The keeper of the vehicle has sent a sar to the data protection officer at the PCm, awaiting a reply. No appeals to the PPC or anyone else has taken place.

Coupon-mad

I only asked because by requesting to opt out, it means anyone can take over your space and there might not be anything the owner can do about it.

That won't happen. Don't fall for the PPC spiel, they are pointless at your site.

Did you read up on easements yet? Search the forum, not just Google.

There was a thread last month where I posted about grants and easements (in as much depth as I can, as a non-legally qualified person).

Missaver

Thank you, I'm looking for the thread re grants and easements..

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/74745373#Comment_74745373

Missaver

An update on my situation so far :

Following my email to the DPO under heading 'RECTIFICATION NOTICE - POSTAL ADDRESS and Subject Access Request' above, I have now received the following. This relates to a PCN received while parked outside the block for unloading activities at the end of July. The first letter/notification of this PCN was a letter Parking Charge - Keeper Liability received around 17 Sept at old address.

Letter subject 'Data Rectification and SAR'. It consists of roughly the following.
I can confirm that the address data held with regards to ticket number xxx has been recitified and now reflects the information provided.. The charge remains outstanding and I would urge you to follow the representations procedure should you wish to challenge it.

Please find enclosed the requested information. As requested, I have also included a copy of correspondence sent to your property. The only personal data we hold on yourself is your name, postal addresses , email address and vehicle registration mark including photographs etc etc. We also have records of the corresponding bay to your property including details of a permit purchase.

Although you quote one PCN, I note the vehicle in question has an additional PCN.

It then quotes GDPR 6(1)(b) and 6(1)(f)

The 2nd PCN they refer to is a windscreen PCN parking in it's own parking bay, but the permit was not displayed at the windscreen.

The rest of the paperwork enclosed are :

1) Property bay allocation/permit issue and receipt
2) A copy of the permit and letter from the PPC that issued it
These relate to a different PCN while parked in own parking bay, but without displaying permit correctly.

3) Letter sent to old address 'Postal Notification of Parking Charge' - this was for when the car was being unloaded.. There are only 3 photos for this, none show any windscreen PCN. This letter was never received at all.
4) Letter send to old address again, this is when I first became aware of PCN. Titled 'Parking Charge - Keeper Liability'
5) Photos taken of car parked in 'restricted area.'

6) Copy of PCN for parking in own bay without displaying permit
7) Copy of my online appeal for 6)
8) Letter rejecting the appeal - ....you have refused to name the driver at the time of the contravention..but without evidence that you are the registered keeper of the vehicle, we are unable to determine your liability for this charge.. If, indeed, you are the registered keeper, we will be happy to process your representation after DVLA details have been sought and a Notice to Keeper has been issued. ..If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

I have already written to DVLA as per another Thread started by Coupon Mad - https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related&page=6#topofpage
and requested them to not give out any info , etc etc.

9) Photos of car in bay without permit displayed (12 photos in total)

The only new information I have from all this is the copy of the 1st letter in 3) above. Plus 8), which was expected.

I thought there would be a NTK , but instead, it is titled as mentioned in 3)

So for both PCNs, I don't need to do anything at the moment, do I?

Grateful for any advice/comments going forward. Thanks in advance.

Missaver

Following on from the above, I have read POFA 2012 again, section ANPR tickets, which states :

State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when

The letter received in 3) above does not give this information, So in reply to Coupon-mad's question re Ghost PCN, the answer is 'no' ?

Coupon-mad

OK it sounds like they have not complied with the POFA then, for one of them. Good, for a defendant (if they sue) who only admits to being the registered keeper.

The one with the Keeper liability Notice, did have a NTK then, as it was the first letter (the new information) which can be called whatever they decide to head it up as.

Can you show us a photo or scan of that 'Postal Notification of Parking Charge' front & back, with the name/address & PCN/VRN covered up?

And, can you show us all the wording in these 2 things, we want to check it for whether it clearly creates a contractual obligation with the PPC you are dealing with, and whether it states the £sum of the parking charge and/or directs the victim to 'further terms on signage' as part of the 'permit contract':

The rest of the paperwork enclosed are :

1) Property bay allocation/permit issue and receipt
2) A copy of the permit and letter from the PPC that issued it

Are there 2 PCNs in play, or 3?

Missaver

Thanks, will upload the info later so you can see..
There are 2 PCNS :

1) windscreen PCN in own bay, for no permit displayed. Actions so far - online appeal, and expected rejection letter received

2) keeper liability letter received a few weeks after the unloading outside block incident, no ticket issued. 1st letter as described in 3) was never received. No appeals made yet.

Missaver

I hope I've done this right :


permit receipt https://ibb.co/f0PJrp
permit letter https://ibb.co/dEvPWp
1st 'NTK' letter as per 3) above https://ibb.co/d1oNHU

Missaver

I still need to upload the back page of 1st 'Ntk' letter, it will be done tonight or tomorrow