Ignored from day 1

Redx

In that case the claimant CEL would have to have complied with POFA for you to be liable

The SAR will obtain the NTK so check it for POFA compliance

This may not stop a court claim , but could help you to win a court case , as could no landowner authority and poor and inadequate signage

apeshifter

So this was the PCN i got initially. I got my wife to photo it as I was at work when it arrived and forgot. It does not state any liability as keeper should the details of the driver not be provided nor did I receive any accompanying evidence like photographs. Am I correct in thinking this is not POFA compliant. Also I have a photo from street view of the signage stating 90 minutes. This has been changed to 60 minutes but knowledge of when this change was made is not known. Would this be relevant to even mention or not? The signs are exactly the same bar the number of minutes so notice of restriction adjustments was not clear was my thinking. 

KeithP

Anything on the back of that PCN?

apeshifter

Only got a front photo. Will see when I get the SAR as they'll have to send it over. I binned the inital contacts stupidly as I thought it was a con 🤦🏻‍♂️

Umkomaas

From memory, I think CEL try to put the PoFA warning in the payment details box on the reverse. As soon as we can see that @apeshifter ......

Fruitcake

Check with the council planning department to see what the original parking time was allowed when planning permission was granted for the car park. It is not unknown for scammers to arbitrarily reduce it to scam more people.
If the original approval was 90 minutes or more and no planning application made to reduce it, then complain to the council that a breach of planning regs has occurred.

Always complain to the landowner and any retail managers on site. Include information obtained from the council if it helps your case.

While you are onto the planning dept, ask if planning permission was granted for ANPR scameras, and advertising consent for signs. Not having the latter is a criminal offence, but only the council can do anything about it. Again, make complaints to to the council if approval wasn't granted.

Don't forget to complain to your MP about this unregulated scam.

apeshifter

I have spent a couple of days finding templates and refining an email if someone can give it a once over. Thank you 

Dear sir/madam,

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. 

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

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.

In addition to this I (name and address) am formally making an SAR to Civil Enforcement ltd.

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) Please supply the data about me that I am entitled to under data protection law relating to myself.This must request any photographs you claim to have of my vehicle and any PCN or NTK that has been sent to myself.If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.Yours faithfully

Le_Kirk

This must request any photographs you claim to have of my vehicle and any PCN or NTK that has been sent to myself.
If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

First, what does this mean?  Secondly, you submit separately the SAR to the DPO of the PPC - acronyms on post 5 of NEWBIE sticky.  Thirdly, don't offer to send them any more proof of id, they should only require a scan of the V5C, certainly not a passport or driving licence.

KeithP

That's a very old template.
Clue: there hasn't been a 'section 10 notice' in the DPA since May 2018.

What's wrong with the appeal template in the NEWBIES thread?

apeshifter

Thank you, seperate emails it is. One to the DPO and I'll search for a CEL company one.
 I will ammend this to The information requested which you claim to hold includes any photographs, PCN's and NTK's that have been issued.
And if you require any more ID deleted