POPLA Appeal Stage PCS Observed Leaving Site with Photos

unknown_user

Hi all,
I am looking for some advice on how to respond after I have already appealed to POPLA. UKCPS / PCS have provided evidence at this stage advising drivers must remain on site / using onsite facilities, (when it was not open). UKCPS have provided MNPR of VRM and actual photos of an individual (not Owner) opening/closing door and leaving the car park premises, stating failure to comply results in a charge of £100 to park. They also state signs are displayed throughout the site and a warden observed the driver leaving the site. PCN was issue via post not a wind screen ticket.

Appeal Process

1) Appealed using Postal NTK template in Newbies section, stating PCN did not arrive within the 14 days as per POFA failed to meet deadline to transfer liability to keeper, no admission of who was driving, do not give consent to process data and deny liability. Thinking this was a 'Golden Ticket'
2) PCS rejected appeal
3) POPLA appeal raised as above, sighting, NTK non compliant,  lack of signage upon entering/exiting car park. This car park has always been free and theres no mention of registering car details with the local facilities etc. Also mentioned PCN lacks any details relating to 28 days right to claim unpaid parking charges as per PoFA. Added reject to photos of individual being taken along with Child as surely this is against GDPR 2018 and requested this to be removed from database.
4) POPLA requesting comments
Thanks to anyone that can help.
Regards

Castle

So what evidence have the PPC provided to confirm that the driver and the RK are the same person.

Redx

UKCPS do not offer Popla , they are in the IPC so popla is not an option

D_P_Dance

Any claim for a BOC for leaving site is likely to struggle in court.  A judge may well decide that it is an unfair term in a consumer contract under the Consumer Rights Act 2015, and it may even breach The Human Rights Act.  A PPC would be very unwise to try a claim imo.  Read this

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

unknown_user

PCS (Parking control solutions or UKCPS) as stated on a letter cant confirm who the driver is hence the NTK but have photos of someone getting out of the drivers side,  unloading then leaving site.

Umkomaas

unknown_user said:

PCS (Parking control solutions or UKCPS as stated on a letter cant confirm who the driver is hence.the NTK but have photos of someone getting out of the drivers side,  unloading then leaving site.

You are quoting 2 quite separate parking companies - which one is pursuing you? It can't be both for one parking event!

Redx

As above , UKCPS do not offer appeals using Popla , they offer the IAS

You are quoting 2 completely different parking companies , like Lidl is not Aldi or Asda or Nisa

unknown_user

PCS issued the NTK
In the rejected letter it states UKCPS, not sure why. I can post a copy of the letter?

Redx

redact personal info and post a copy of both letters

I believe PCS may have not checked it when they issued it

check the signs at the car park and the initial pcn, that should tell you who the parking company is

Umkomaas

Are you sure that you are not dealing with two separate tickets here?  Is the same PCN reference number used by both PPCs, or are there two different numbers?

unknown_user