POPLA Complaint - Rant

paye

Hi all :j

Unfortunately my case is still ongoing as I've had letters from QDR solicitors, seems like a standard template letter they sent me requesting payment within 14 days otherwise they may take court action to apply for a CCJ which could potentially affect my credit score.

Typical scare mongering letter.

This is the second letter I received from them after I ignored their first letter.

Thing is now, the ticket was issued on the 7th September 18, it coming up to six months in the next couple of days, am I right in saying the invoice unenforceable after 7th March 19?

thanks in advance.

Redx

yes , in theory it "times out" after 6 months, meaning it cannot go to MAGS COURT

as for civil court, there is an ongoing debate about an airport in the NEWCASTLE UKPPO threads, about bylaws cases and civil court etc, so never say never, but I very much doubt that your PPC will try that route, due to jurisdiction issues over penalty charges

complicated , yes , maybe

but assume nothing will happen, unless it does

after the 6 months is up, send the DPO at those places a data rectification notice insisting all data is destroyed under GDPR

paye

Redx wrote: »

yes , in theory it "times out" after 6 months, meaning it cannot go to MAGS COURT

as for civil court, there is an ongoing debate about an airport in the NEWCASTLE UKPPO threads, about bylaws cases and civil court etc, so never say never, but I very much doubt that your PPC will try that route, due to jurisdiction issues over penalty charges

complicated , yes , maybe

but assume nothing will happen, unless it does

after the 6 months is up, send the DPO at those places a data rectification notice insisting all data is destroyed under GDPR

Thanks for the reply redx, much appreciated :beer:

DPO? is it Data Protection officer.

so even though the case is technically ongoing, If I send a data rectification notice to these people,( NCP & QDR solicitors) will this stop them writing and chasing the charge?

Thanks

KeithP

You are sending the Rectification Notice because after that time they cannot have a justifiable need to retain your data.

paye

Tried searching the forum for a letter on '' Data Rectification Notice'' but couldn't find one. Can anyone point me to one if possible. Also shall I send a separate letter to QDR and NCP to let them know the 6 months is up.

Sorry to sound dumb, I've been reading loads of posts, I'm suffering from information overload currently.

Coupon-mad

Thing is now, the ticket was issued on the 7th September 18, it coming up to six months in the next couple of days, am I right in saying the invoice unenforceable after 7th March 19?

No, it isn't.

A Penalty Charge Notice issued under byelaws would be.

NCP don't issue those.

They issue contractual charges and they can be recovered for 6 years, and NCP do sue people now, using BW Legal.

A rectification notice is not for this purpose, and you don't need one unless they are using your wrong name or address.

You would be best reading the hundreds of BW Legal cases here while you wait for your own LBC and claim, to defend.

paye

Coupon-mad wrote: »

No, it isn't.

A Penalty Charge Notice issued under byelaws would be.

NCP don't issue those.

They issue contractual charges and they can be recovered for 6 years, and NCP do sue people now, using BW Legal.

A rectification notice is not for this purpose, and you don't need one unless they are using your wrong name or address.

You would be best reading the hundreds of BW Legal cases here while you wait for your own LBC and claim, to defend.

Thanks for the response Coupon. I will check out other BW cases. You know what, I'm actually looking forward to my day in court lol even if I lose.
Just out of interest if did go to court what is the maximum the judge can award the parking firm. The current charge stands at £180

Coupon-mad

About £150 - £175 is the true 'max' except for stupid Judges like in Antandann's case.

paye

How much did the Judge award in Antandann's case out of interest?

I'm preparing my case now, is it advisable to send SAR now or shall I wait for the LBC to come through.

is it also advisable to address the the SAR to NCP registered address?

(Saffron Court, 14b St Cross Street, London, EC1N 8XA)

Thanks

KeithP

Send the Subject Access Request by email direct to the PPC's Data Protection Officer - as detailed in post #2 of the NEWBIES thread.