PPC taking me to court for PCN on land belonging to landowner who hadn't heard of them..

bobsnotmyuncle

Case dismissed. We didn't have to give evidence.
Claimant had not provided any proof of right to operate.
This was one of the key arguments of the defence.
Job done.

bobsnotmyuncle

Thank you all who help with this!
your help certainly made winning a lot easier!
I think the most useful evidence in our case were the title deeds and car park plans which I downloaded from the land registry. at £3 each I consider it money well spent.
The title deeds give the name and address of the landowner.
Operators can only prosecute if the have permission to do so from the landowner and can prove they have right to operate according to the POF act.

Umkomaas

Well done - but I don’t think you’ve ever told us which PPC you have been up against. Can you please tell us now?

But with a case dismissed by a Judge on the basis that the PPC had no landowner authority (and therefore failed to comply with their ATA’s Code of Practice), they had no ‘reasonable cause’ (use those words, they have specific meaning) to access your data from the DVLA. There is a possible DPA/GDPR breach claim to be made against the PPC (£250-£750 up for grabs), but wait to see what the DVLA have to say first.

Please take the following action which will exact some revenge/pain on the PPC!

Please complain/write to the following:

1. DVLA.
Ask the DVLA to stop providing keeper details to the PPC for that particular site in view of the the Judge’s decision that they have no authority to operate on this land.

2. BPA only if the PPC is a BPA AOS member
Ask the BPA to confirm they will be issuing sanction points to the PPC in view of the court judgment.

Emphasise the Judge’s decision that no landowner authorisation exists, to both the DVLA and the BPA.

Please let us know what the outcomes of your complaints are.

It's imperative we stop these outfits in their tracks if they are flouting requirements placed on them by the BPA/DVLA in order to fleece the general public and profit from their misfortune. Without serious prodding, neither the BPA nor DVLA will do anything at all, letting PPCs continue unchallenged.

bobsnotmyuncle

Charlie Echo Lima

bobsnotmyuncle

Thank you Umkomaas. I will discuss your request with the keeper.
As it was their details that were accessed.
If they are happy we will make the complaint.

Umkomaas

bobsnotmyuncle wrote: »

Charlie Echo Lima

Thanks, just make sure you put their full title in your complaints to the DVLA and BPA.

Redx

well done


Another one bites the dust !!!