PCN appeal, no reply

hudjop

I responded as suggested and have now received a further reply, again referring to the arbitrary requirement of an address to send a simple response to an appeal:

We will not advise the outcome of your appeal until we have confirmation of your full name and address. This account will continue to progress.


If they have a decision on the appeal, then surely it should be a simple procedure to refer to the evidence showing lack of signage and then reply via email stating that the PCN is cancelled. It is a reasonable method of contact, as they have found it adequate to use so far, so it should be fine for all purposes relevant to processing of the PCN appeal.

Is this requirement in breach of GDPR? It is not relevant or limited to what is necessary in relation to the purposes for which the data are processed (i.e. to "send the appeal response by post"), as they already have a good means of contact - it is through their actions alone that the "account will continue to progress" as there appears to be no good reason that the processing of the appeal (and a response) cannot take place.

Coupon-mad

You should always give your address when appealing, and this is not against GDPR.

They will either already have your address if it's a postal PCN, or they will then have reason to go to the DVLA and obtain the keeper's address if it was a windscreen PCN and you don't give them the details.

I think you are wasting time and if it was a windscreen PCN this is a mistake on your part and leaving the door open for them to send a NTK (the entire point of the 'day 26' appeal tactic is to stop that).

They have grounds to get the DVLA data and send a NTK if they do not know the name and address for service of the appellant.

hudjop

I gave them my address and unsurprisingly they have rejected the appeal.

They say that the signage is BPA approved (if BPA approved it then they need to have a rethink in my opinion, I don't see any signs in the photos, there is only a container box with pay and display machines that was later discovered - seems they would rather people didn't pay as they did not go out of their way to make it clear a contract was being entered or to remind visitors to pay). Also they said it is without doubt that the parking charge is wholly valid and fully enforceable, quoting the beavis case, which I gather from this forum was for overstay at supermarkets etc. and is not applicable here.

I have the POPLA code, I just don't know whether to appeal or not as it will go up to £100 if it fails.

They have not sent a notice to keeper so far, the contravention date was 23/2/19.
The other thing that seems unfair is the date on the letter is 5 days before I received it, so the 14 days to pay the £60 ends today, yet the charge on the website shows £100.

MistyZ

hudjop wrote: »

They say that the signage is BPA approved (if BPA approved it then they need to have a rethink in my opinion, I didn't see any signs, there was just a container box with pay and display machines that I discovered later.

The PPC isn't going to have a re-think, they'd rather have your money.

Sounds like the signage section of a POPLA appeal could be quite interesting, especially with some good photos.

hudjop

Yes for sure, I meant that the BPA should have a rethink if they do indeed see the signage as appropriate. I have photos 360 degrees around the car, signage not apparent, which means you could walk out of the car park from almost all places of the car park without seeing the ticket machine.

hudjop

perhaps they will say there is signage, but I certainly do not see any in the photos, so it cannot be fit for purpose if it does exist.

Fruitcake

PoPLA appeal, cost = £0, result not binding on the motorist.

Signs must be in accordance with the BPA CoP. There is already a written set of template PoPLA appeal points including a very long one about signage. All you need to do is add your own images.

No NTK by day 56 (and you are past that) means a win at PoPLA provided the scammer doesn't know the identity of the driver. (You should edit your posts where that has been revealed.)

So that's one winning point and another potential winning point so far and still several more in post 3 of the NEWBIES to choose from. You only need one to stick whereas the scammer has to win on each an every point you make.

Why would anyone want to pay £100 instead of making a free appeal when you already have the winning hand (no NTK by day 56).

Coupon-mad

I agree with Fruitcake.

Why would you wonder about this when you have 100% win?!! No NTK served!