PCN where permit not transferred to vehicle

Coupon-mad

I think strongly worded is good because it is clearly unfair and they need to stop letting the tail wag the dog.

Beanthere2020

Coupon-mad said:

I think strongly worded is good because it is clearly unfair and they need to stop letting the tail wag the dog.

So the driver has received a copy of the email from her employers DPO stating to the landowner that they are an employee of the company permitted to use the car park. The landowner, copied in the entire trail of the dispute the driver had sent them, to her employer, to ask for these details. Unclear where there is any kind of breach of DPA here?

Anyway, original email from the landowner requesting confirmation that the driver is an employee is below:

"xxxxxxx has repeatedly stated that they work for XXXXXXX.  There isn’t any dispute that registration number xxxxxxx was exempted, however there wasn’t a name provided, so I have no way of knowing if xxxxxxxxx does or doesn’t work for xxxxxxxxx

 

The registered owner of the vehicle which was issued a PCN did write to me in June 2019 appealing the fine(s), however I was told that the name of the person working for xxxxxxxx wouldn’t be provided “under the applicable law".  Clearly not helpful, however on the balance of the information which was provided, there wasn’t much I could do at the time.

There wasn’t a communication from xxxxxx until June this year, at which point the PCN had lapsed some 600+ days.

Xxxxxxxxx (and xxxxxxx’ local MP) have had the response, both from Care Parking and from myself, I have in fact told xxxxxxx that I wont be communicating further with them on this issue.

In terms of xxxxxxxxx being a member of staff at xxxxxxx, is this something you could confirm please?

 I’d like to think that you know I’m absolutely willing to work with anyone who is genuine and pro-active.  (another employee) earlier this week, clearly made a mistake, wasn’t bullish in approach and got onto the issue quickly – problem solved.  xxxxxxxx hasn’t taken the same approach and, after letting the issue drag on for nearly 2 years, looks to now be facing a rather different outcome."

Not sure why they asked for the confirmation of employee status, if the landowner indeed seems to suggest their correspondence is final. But reading between the lines, the PPC has the landowner convinced of the time lapse being reason enough to uphold these PCNs, and because they seem put out by the driver's approach the landowner appears unwilling to cancel them, and quite happy to allow the PPC to charge what they want. 

Beanthere2020

In light of the above, would it be worth a follow up to the landowner to outline that the driver is aware they have requested and had confirmed their employee status, so assume this is in conjunction with requesting the cancellation of these PCNs. Not sure why else the landowner requested this information. 

Coupon-mad

Yes and be very polite and thank them for any help they can offer as you are traumatised by the stress of being sued over this historical minor issue. 

Beanthere2020

Coupon-mad said:

Yes and be very polite and thank them for any help they can offer as you are traumatised by the stress of being sued over this historical minor issue. 

 

Response sent.......

"I have been advised by the Data Protection Officer at xxxxxxxxxxxxx that contact has been made by (landowner) to request confirmation that I am an employee of xxxxxxxxxx. I consented as I am keen to resolve this matter. I have since had it confirmed in writing by the Data Protection Officer, that this employee status information has been confirmed to (landowner). 

 

Now that (landowner) have confirmation of me as an employee of xxxxxxxxxxxx, I would hope that this is sufficient evidence that I was always intended to be permitted to use the car park, admittedly with a different vehicle

At this stage I hope you can appreciate that I am traumatised by the stress of being threatened with court action over what appears to be a minor administrative issue relating to the permission of a legitimate employee of xxxxxxxxxxx to use the car park. 

 I thank you in advance for any further assistance you can provide in resolving this matter and asking that the PPC cancel these PCNs.

I look forward to hearing from you on this matter"

Coupon-mad

Very polite, let's see...

Beanthere2020

Coupon-mad said:

Very polite, let's see...

Landowner has responded asking driver to call them. Driver hasn't done all the leg work on this TBH so a little cautious about making the call. However, should they actually (politely) insist on email correspondence for their own auit trail?

Coupon-mad

Make the call with a smile on your face and shoes on (my tip for important calls - come across well and don't look for battles, and wear shoes even if at home).  I also stand up for such calls, no lounging on the sofa.  Keep that smile though, be really reasonable.

Beanthere2020

Coupon-mad said:

Make the call with a smile on your face and shoes on (my tip for important calls - come across well and don't look for battles, and wear shoes even if at home).  I also stand up for such calls, no lounging on the sofa.  Keep that smile though, be really reasonable.

Worth asking for a summary of the call in email afterewrds?

Coupon-mad

Depends what they say, but yes.