Grace Period Advice

Confusedasapickle

The repeated bit about the exhibits is coming out by the way!

Fruitcake

If you have plenty of time before the next stage of the court process, I urge you to complain to the DVLA as I have advised. It shouldn't take long and it is possible that the DVLA's intervention could help you greatly or even make PPS think twice about continuing.

Confusedasapickle

Thanks Fruitcake, I most certainly will!

Confusedasapickle

I'm also adding this bit in to the WS - thanks Fruitcake


That signage mentions both Napier and PPS who are both IPC members.

I would start by complaining to the DVLA that PPS used BPA signage at the time of the alleged event even though they were not members of that trade association but were instead IPC members. This is both misleading and a breach of both the BPA and IPC's code of practice.

Part C of the mandatory KADOE contract requirements state: -

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/455973/Annex_A_-_KADOE_Fee_Paying_Contract_V4.pdf

PART C
USE OF THE DATA
C1. Signage, Terms & Conditions and Correspondence
C1.1. The Customer shall ensure that signage, terms and conditions of service for parking customers and correspondence with data subjects comply with the Law and with the requirements of the ATA’s Code of Practice or Conduct.
C2

In order to obtain keeper data using their KADOE contract with the DVLA they must abide by the requirements of their ATA which includes the use of adequate and correct signage, which in this instance they did not.
Note the use of the word "shall" in para C.1.1. There is no leeway or ambiguity. This is a specific and mandatory requirement. The client (PPC) shall abide by this contract. They failed to do so.

Having incorrect and inadequate signage is also a breach of Schedule 4 of the PoFA 2012.

Thus, the scammers failed to comply with the DVLA KADOE contract requirements and therefore should not have requested or processed the data subject's personal data.
In addition, the DVLA did not carry out due diligence in ensuring the scammers complied with the KADOE contract and are therefore complicit in this data breach.

Coupon-mad

Looks great, and a skeleton argument nearer the time of the hearing can cover anything else if needed but you've covered the issues.

It is quite wordy so do make sue you do this in 1.5 line spaced, with a double line between each paragraph, as you see PPCs do. Makes it readable for the Judge.

You are not emailing this to the CCBC or to the local court. No emails!

So I hope someone is taking the file in person to your court for you in a ring binder, given that this plus the exhibits printed out will be pretty heavy.

You can email to the claimants. Print out the 'sent email' as proof for your own file.

Make sure the bit you are adding removes the word scammers and doesn't have Fruitcake's commentary like ''I would start by complaining to the DVLA''.

teddlesdee

Well, well, well, so you have experienced these cowboys then!
I know someone that got dinged mid 2017. They paid the ticket, placed on the top of the dash, but it must have got dislodged and dropped to a shelf facing the passenger window (could still be read BTW). PPS pursued till december and then went quiet. 2 years later, letter from BW Legal - wrong address, incorrect reg!


Driver wonders if best to still ignore!

Le_Kirk

teddlesdee wrote: »

Well, well, well, so you have experienced these cowboys then!
I know someone that got dinged mid 2017. They paid the ticket, placed on the top of the dash, but it must have got dislodged and dropped to a shelf facing the passenger window (could still be read BTW). PPS pursued till december and then went quiet. 2 years later, letter from BW Legal - wrong address, incorrect reg!

Driver wonders if best to still ignore!

If that is a serious question, it is best to start your own thread and that way you will get bespoke answers.

Confusedasapickle

Thanks Coupon Mad! Yes I remembered to remove the bits about them being scammers :rotfl:
The bundle for the claimant was sent first class recorded with guaranteed delivery for 1pm today. The bundle for the Court is being taken there today. I fiddled about with the formatting to make it more readable for the judge. Fingers crossed for a notice of discontinuance because I think there is a very strong argument there with the sign being incorrect. Thank you for pointing that out as I wouldn't have known otherwise. So glad I posted on here!

Confusedasapickle

Glad I'm not the only one!!! It seems a lot of people are having issues with PPS. I can't highly recommend posting questions in your own thread on here enough and have a good read through the newbies thread. It has taken a long time but I have had so much help, thanks to this forum.

nosferatu1001

Do you have confirmation they received it?
NEVER send it recorded in future; if they refuse delivery, then they can prove service was not effected. Just first class with proof of postage. Nothing more.