Help with Parking Eye - A unique(?) problem, ignoring the main point in my appeal

Calllllummm

Hi everyone,

I'm new here and I've done my best to read what's here instead of making my own thread however I feel like I'm in quite a unique situation, unless there's something I missed. I received a parking fine through parking eye and I appealed as they failed to issue the PCN within the 14 day period. No parking ticket was placed on my vehicle btw, the first I heard of this was the PCN
Date of Event: 02/02/2020
Date Issued: 20/02/2020
Received PCN: 26/02/2020
Anyway I spent a few hours looking over this very helpful forum and put together my appeal from a couple of templates based on my situation.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence.
You must include a close up actual photograph of the sign you contend was at the location. Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.
If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.
Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.
I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Anyway after a few days I received this which I found confusing.

Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking Charge incurred on 02February 2020 at 17:26, at Euro Garages Rivington Services-Bolton car park.We can confirm that your request has been passed to our privacy team.Please note, if your enquiry also relates to an appeal, the case will be placed on holdwhilst your request is reviewed.

Yours faithfully,

ParkingEye Team

Why is it being sent to their privacy team ? is it because I mentioned obtaining the registered keepers information without good cause? I read this in one of the threads and it sounded good to me but it seems that's the only part of my email that's been fixated on and the fact that the PCN was issued outside of the 14 days has been completely ignored so how do I now go about replying to this?

Thank you for your correspondence received in relation to the above referenced Parking Charge.

It is ParkingEye’s position that this charge has been issued correctly and that we had reasonable cause to request the Registered Keeper’s details from the DVLA following a breach of the terms and conditions of parking in operation on site. For your information, we are registered with the ICO to collect and process data for the purpose of car park management, which includes dealing with appeals and any subsequent recovery action required.
As stated within the Parking Charge Notice, the driver of the vehicle is responsible for payment and we ask that you provide details for that individual if you were not the driver. We therefore wish to confirm that we have rejected your request that we remove data from our system in this instance. Please note that you have the right to make a complaint to the ICO in respect of this response, should you wish to do so. You may also seek a judicial remedy.

Yours sincerely,
ParkingEye Privacy Team

No mention at all of the PCN being issued after 14 days so I'm honestly stuck and I haven't seen anybody in this situation, is this common practice? Have I ruined my chances of a successful appeal?

I would appreciate some help with my response so much as I'm honestly stuck now, this feels too unique to be able to figure out what to do from the templates.

Thanks everyone

Calllllummm

Just noticed after posting this that my appeal looks to have been replied to after 22 days, I believe they have 21 to reply? Appeal was sent on 26/02 and this was received today, 19/03.

Will this help me?

KeithP

That's a really old appeal that you have sent. Where did you find that?
There hasn't been a concept of a 'Section 10 Notice' in the Data Protection Act since early 2018.

Calllllummm

KeithP said:

That's a really old appeal that you have sent. Where did you find that?
There hasn't been a concept of a 'Section 10 Notice' in the Data Protection Act since early 2018.

I'm honestly not sure, I just browsed the forums for somebody in a similar situation to me. Are you able to help?
I wish I could find it but it was a while ago now and I spent so long looking

KeithP

Well you have asked them to respond under Section 10 of the Data Protection Act.
The have asked their Data Protection Team to investigate.

Wait for them to complete their investigation.

Fruitcake

Did you get a PoPLA code with the rejection? If so you should use it by constructing a draft PoPLA appeal using all the points from the third post of the NEWBIES then posting your draft here for checking before submitting it.

As for the other stuff, you mentioned a DPA breach, they responded to that comment. I suspect they realised you are using out of date information and hoped you wouldn't realise it, so are trying to bluff their way through this.

They have all but confirmed the NTK was non-PoFA compliant by stating the driver of the vehicle is responsible for the payment and asked for you to tell them the driver's identity.
If the NTK had been PoFA compliant, they would say so and keep going after the keeper.

Calllllummm

KeithP said:

Well you have asked them to respond under Section 10 of the Data Protection Act.
The have asked their Data Protection Team to investigate.

Wait for them to complete their investigation.

Maybe there's something I'm missing, that final email looks like they've already concluded their investigation? I'm sorry if I'm annoying but I'm pretty clueless as you can tell. So I'm just waiting at this point? Are they even going to acknowledge the main point of my appeal or do you think I've messed up by mentioning the "section 10 notice"

Calllllummm

Fruitcake said:

Did you get a PoPLA code with the rejection? If so you should use it by constructing a draft PoPLA appeal using all the points from the third post of the NEWBIES then posting your draft here for checking before submitting it.

As for the other stuff, you mentioned a DPA breach, they responded to that comment. I suspect they realised you are using out of date information and hoped you wouldn't realise it, so are trying to bluff their way through this.

They have all but confirmed the NTK was non-PoFA compliant NTK by stating the driver of the vehicle is responsible for the payment and asked for you to tell them the driver's identity.
If the NTK had been PoFA compliant, they would say so and keep going after the keeper.

They didn't mention a PoPLA code. What do you propose that I do?

Appreciate this a lot

Fruitcake

They have 35 days to provide a code following the initial appeal. If you are past that then complain to the BPA. If you are not, await your code and research PoPLA. 
Non-PoFA compliant NTK should be your first point followed by all the other standard points from the third post of the NEWBIES.

What happened when you complained to the landowner like you said you were going to in your appeal?

Step 1 is always a landowner complaint.
Step 2 is the initial complaint to the PPC.
Step 3 is PoPLA, but only for a BPA member.

Have you complained to your MP yet about this unregulated scam?

Calllllummm

Fruitcake said:

They have 35 days to provide a code following the initial appeal. If you are past that then complain to the BPA. If you are not, await your code and research PoPLA. 
Non-PoFA compliant NTK should be your first point followed by all the other standard points from the third post of the NEWBIES.

What happened when you complained to the landowner like you said you were going to in your appeal?

Step 1 is always a landowner complaint.
Step 2 is the initial complaint to the PPC.
Step 3 is PoPLA, but only for a BPA member.

Have you complained to your MP yet about this unregulated scam?

I honestly completely forgot that I mentioned I would complain to the landowner, I guess I'm really not helping myself here. I never complained to them

I haven't complained to my local MP no.

Fruitcake

So you have two things to do whilst you wait for the PoPLA code since 35 days have not passed since you made the initial appeal.