Let's not waste an opportunity. Updated now with the sweet taste of victory.

Sue_Danim

Located in NI, I have read through the Newbies thread and know the private companies are toothless over hear as long as the driver remains unknown, however this situation I believe is notably different. I received a notice from notsosmartparking in the post showing the rear of the car I am the keeper of on a public street, both entry and exit photos show vehicle travelling in same direction.  Driver on that day was visiting a computer repair shop, looking for a spot to park close to shop to carry large and heavy computer to the shop while minimising its exposure to the wet weather, drove around the town's one way system and up and down the street in question several times looking for a suitable spot, before briefly parking on the street. It is the drivers belief that time stamps showing him parked for almost an hour are incorrect. 

I visited the street last week after receiving this notice to look for the signage, there was none. On asking several local business I was informed, that the department for Infrastructure had been and removed all of them that morning, 27/07/20 after complaints had been made to the council, the street was a public street and the signage had been illegally placed there they believe by the owner of a local multi story car park which exits onto the street. The following day I contacted the council who confirmed what the businesses had told me and also detailed some past behaviour of the car park owner extending and modifying the double yellow lines on the street, resulting in them having to be burned off by the DfI. The council had already instructed the car park owner to refund all paid fines, and cancel outstanding ones, I have asked the council to confirm in writing that it is a public road which will have to come from the DfI, I am still waiting.  A week later entering the details of the fine into the notsosmartparking site and phone system the fine is still active and accepting payment.

Knowing they are toothless, the advice is to ignore them. However with confirmation the road is public, issuing the fine may be a  criminal action, whether the car park owner, smart parking or both are responsible I do not know. I'd rather end it conclusively. I am drafting a snotty letter for they're appeal form, should it be rejected where next?

Identify the driver on the POPLA form, hope they waste the fees on a small court case they will undoubtedly lose, try and claim back expenses incurred defending this baseless charge? I imagine it is the council's role to pursue criminal charges against the company or car park owner who claimed ownership of the road if they choose.  As I see it I am untouchable and would like to make this mistake as costly and painful for them as they would do to me and everyone else they fleece. I will of course report them to BPA.

any suggested modifications to the appeal letter below?
I know of the template letter I'd rather definitively crush this or engage with them to their detriment. 
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I dispute this debt in its entirety, Seasme Street is a public road and as such you have no right to monitor, control or penalise drivers for its use or parking on it, furthermore, doing so may be a criminal act. The council is aware of this situation and as of 27/07/20 the Department for Infrastructure has removed all illegally placed signage from the street. The council have informed me they have contacted the owner of the local carpark who has displayed previous deviant behaviour in regards to this street and whose car park the ANPR cameras are affixed to, as they believe him to be responsible for contracting you, instructing him to refund all paid fines and cancel outstanding ones.

As such I expect confirmation of the cancellation of the above charge, you have 14 days, the same 14 days you gave me. After which any  escalations in price or continued pursuit of this charge will be fought and I will seek to reclaim all expenses incurred and compensation for time in dealing with this fraudulent charge.

Eagerly awaiting your apology
Sue Danim
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Redx

If this is in northern ireland then popla won't be an option

Hasbeen

Sue_Danim said:

Located in NI, I have read through the Newbies thread and know the private companies are toothless over hear as long as the driver remains unknown,
//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
I dispute this debt in its entirety, Seasme Street is a public road and as such you have no right to monitor, control or penalise drivers for its use or parking on it, furthermore, doing so may be a criminal act. The council is aware of this situation and as of 27/07/20 the Department for Infrastructure has removed all illegally placed signage from the street. The council have informed me they have contacted the owner of the local carpark who has displayed previous deviant behaviour in regards to this street and whose car park the ANPR cameras are affixed to, as they believe him to be responsible for contracting you, instructing him to refund all paid fines and cancel outstanding ones.

As such I expect confirmation of the cancellation of the above charge, you have 14 days, the same 14 days you gave me. After which any  escalations in price or continued pursuit of this charge will be fought and I will seek to reclaim all expenses incurred and compensation for time in dealing with this fraudulent charge.

Eagerly awaiting your apology
Sue Danim
//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

No Popla.  But driver remains unknown?

DoaM

OP specifically talks about The Driver parking the vehicle ... and the driver being a "him". If the OP's name as mentioned in that email is real then I don't know many men with that name, apart from perhaps A Boy Named Sue.

Sue_Danim

According to their letter popla is an option in NI as of 01/05/2019, though using them here requires identifing the driver.

I am only putting the appeal in with them in case I later rely on it, showing them I stated my case clearly, making their continued pursuit unreasonable.  I could ignore popla as they are not responsible for public parking, using them almost seems to view the fine as partially or wholly  legitimate. Perhaps best  if appeal is  rejected keep responding with a similar letter until they quit or go the court option, I don't know if it constitutes harassment to set debt collectors on someone in these circumstances, but if they go to court they can only lose and pay the court fees for the privilege.

I am by no means wealthy, but my employment is secure and existence comfortable, I hate being hounded by TVlicencing and these types of companies and would eagerly take them on, especially if I am all but guaranteed to win.

Fruitcake

As above, there is no PoPLA in NI, but as far as I can tell, the ADR Act 2015 covers the whole of the UK.

https://www.legislation.gov.uk/uksi/2015/542/contents/made

An initial appeal can be made to the scammers as keeper, and if no ADR is offered, then complaints should be made to the scammers, the BPA, and the keeper's MP amongst others.

If it can be proved the the scamvoice was received on a public road, then the keeper might be able to make a court claim against the scammers for a DPA/GDPR breach. A LBA costs nothing even if you do not take this any further.

In addition, if it is proven to be a public road, then complaints should be made to the DVLA for a DPA/GDOR breach as well as a KADOE breach, so two separate complaints to two different departments at the DVLA. The complaints should also be in two parts. One that the scammers requested the keeper's data without reason, and one that the DVLA released the keeper's data without checking the scammers reason was valid.

ccrt@dvla.gov.uk for the DPA/GDPR complaint 

and

KADOEservice.support@dvla.gov.uk for the KADOE contract breach.

Here is the KADOE contract that the scammers must abide by. Have a look through it and pick out the sections that have been breached.

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

KeithP

DoaM said:

If the OP's name as mentioned in that email is real...

What? Do you mean Sue Danim? A phonetic version of pseudonym? 

Fruitcake

Suggested sections of the DVLA KADOE contract that have been breached or may apply: -

A 5.1.

A 6.1.

A 7.2.

B 2.1.

B 2.2.

B 2.3.

C 1.1

C 2.1.      note especially para C 2.1. d)

D 1.1.      both parties (PPC and DVLA) at fault

D 1.4.

D 1.9.

D 2.4.

D 6.1.

D 10.1.

D 12.1.     follow up after the complaint

F 2.1 and F 2.2.     fraudulent use of data supplied by DVLA under the KADOE contract

J 2.2 a)     I believe an irremediable Material Breach has occurred

Umkomaas

POPLA will adjudicate on NI cases, provided the appellant appeals as the driver, or on behalf of the named driver.

I have received a charge in Scotland or Northern Ireland. Can POPLA consider appeals in these countries too? 

We can accept appeals from drivers in Scotland and Northern Ireland. If the keeper of the vehicle wasn't driving, then we cannot accept an appeal from them. This is because Scotland and Northern Ireland has a different set of rules to England and Wales.

In order to appeal to us you must be the driver and you must be named on a Parking Charge Notice or appealing on behalf of someone who meets that criteria. If you submit an appeal to us in your own name, we treat that as you have admitted to being the driver even if you have not admitted that in correspondence with the operator.

https://www.popla.co.uk/faqs

PS - these quote boxes are crap!  Always having problems with them, having to do endless adjustments to make quotes and replies look tidy!

Sue_Danim

Thanks for the reply's so far. I think perhaps best to ignore popla, I was only considering it in an attempt to perhaps coax them into court action. Using them may seem to show acceptance of the basic validity of the fine. I think firmly stating disputing the debt on the grounds of it being issued illegally on a public road, and repeating the same stance established facts every time they add fees, pass to debt collectors ect. I don't know if continued pursuit of payment would then constitute harassment or another offence opening the possibility of taking action against them. This of course is all subject to them rejecting the initial appeal, I wasn't sure if my wording refering to signage as illegal, the fine as fradulent or suggesting their actions may be a criminal act was too strong or left me open to anything I hadn't forseen.

I wasn't aware of the DPA/KODE option I will run with that as well, I will read through it when I get a bit of time tomorrow, additionally to that in NI we have the DVA, formerly the DVLNI that deals with vehicles and licencing in NI rather than the DVLA, though some functions remain with the DVLA, I have to look into whose responsible for what, and ultimately any DPA breech. I mention this now just in the event in the future anyone else from NI comes across the above posted advice. 

Thanks Again

Fruitcake

It is not a fine. Please don't call it that.

Whether issuing PCNs on a public road is illegal (criminal) or unlawful (civil contract law) in NI is outwith my knowledge and quite probably outwith the knowledge of most of the regulars.

The DVLA KADOE contract specifically mentions NI (and Scotland). I don't know if the scammers would contact the NI DVA or the mainland DVLA to obtain the keeper's data, and therefore I don't know if the KADOE contract applies/is used in NI.

You could ask both the DVA and DVLA who requested the keeper's personal data, when, and for what reason from a date just before that of the alleged event to the current date. State that you believe this service is free.
This should tell you which agency supplied the data. 
You could also ask the DVA if they have an equivalent contract to the KADOE with parking scammers in NI.