Fighting a Parking fine due to a faulty meter at small claims stage

Coupon-mad

The final 2 sentences should be paragraph #4  (no gap between the sentences, it looks odd!).  Then renumber all the paras below.

Redx

It's not a penalty either , it's a Parking Charge Notice , PCN , or invoice in layman's terms

PPL do not issue Penalty notices

Although you state that nothing was received after the windscreen PCN , the claimant must have obtained keeper details within 7 months to get your name and address , a SAR reply should show this plus show if a NTK was issued , who to , plus their address as well

Meaning that the claimant has obtained keeper details from the DVLA within 6 months and have a month to get it to the Keeper , may well have issued a PCN to the defendant at the registered address , which is all they have to do and usually do , they assume that the keeper and driver are the same entity

They cannot just identify a driver , obtain driver details and issue an LBC and court claim , there are no mechanisms for that at all

It all starts with keeper details ,so how and when ?

You can email the DVLA to find out when the keeper details were accessed and by whom , for free , so no charge , but the DVLA will post it out within a month , Umkomaas posts this information on a regular basis if you need further clarity

dvdccd

Coupon-mad said:

The final 2 sentences should be paragraph #4  (no gap between the sentences, it looks odd!).  Then renumber all the paras below.

Thanks, I'll change that now. I remembered yesterday, when looking at the windscreen ticket and then the www.payppl.co.uk website, that how to appeal is not stated, do you think I should mention this as it was a factor in why I was waiting for the NTK to appeal? 

dvdccd

Redx said:

It's not a penalty either , it's a Parking Charge Notice , PCN , or invoice in layman's terms

PPL do not issue Penalty notices

Although you state that nothing was received after the windscreen PCN , the claimant must have obtained keeper details within 7 months to get your name and address , a SAR reply should show this plus show if a NTK was issued , who to , plus their address as well

Meaning that the claimant has obtained keeper details from the DVLA within 6 months and have a month to get it to the Keeper , may well have issued a PCN to the defendant at the registered address , which is all they have to do and usually do , they assume that the keeper and driver are the same entity

They cannot just identify a driver , obtain driver details and issue an LBC and court claim , there are no mechanisms for that at all

It all starts with keeper details ,so how and when ?

You can email the DVLA to find out when the keeper details were accessed and by whom , for free , so no charge , but the DVLA will post it out within a month , Umkomaas posts this information on a regular basis if you need further clarity

Redx said:

It's not a penalty either , it's a Parking Charge Notice , PCN , or invoice in layman's terms

PPL do not issue Penalty notices

Although you state that nothing was received after the windscreen PCN , the claimant must have obtained keeper details within 7 months to get your name and address , a SAR reply should show this plus show if a NTK was issued , who to , plus their address as well

Meaning that the claimant has obtained keeper details from the DVLA within 6 months and have a month to get it to the Keeper , may well have issued a PCN to the defendant at the registered address , which is all they have to do and usually do , they assume that the keeper and driver are the same entity

They cannot just identify a driver , obtain driver details and issue an LBC and court claim , there are no mechanisms for that at all

It all starts with keeper details ,so how and when ?

You can email the DVLA to find out when the keeper details were accessed and by whom , for free , so no charge , but the DVLA will post it out within a month , Umkomaas posts this information on a regular basis if you need further clarity

When I raised the absence of the NTK with DCB Legal, they forwarded me a generated letter which dated itself the 26/02/2019 it had my correct name and address on it but I never received it. I have made a SAR to the DVLA will see what comes back.

nosferatu1001

Their NtD do tell you how to appeal. 
It makes naff all material difference to the underlying claim. 
It could have been lost in the post. That happens. Again, if youre admitting to being the driver, not receiving a NtK doesnt have any bearing whatsoever on the drivers potential liability. Nothing.

Redx

dvdccd said:

Redx said:

It's not a penalty either , it's a Parking Charge Notice , PCN , or invoice in layman's terms

PPL do not issue Penalty notices

Although you state that nothing was received after the windscreen PCN , the claimant must have obtained keeper details within 7 months to get your name and address , a SAR reply should show this plus show if a NTK was issued , who to , plus their address as well

Meaning that the claimant has obtained keeper details from the DVLA within 6 months and have a month to get it to the Keeper , may well have issued a PCN to the defendant at the registered address , which is all they have to do and usually do , they assume that the keeper and driver are the same entity

They cannot just identify a driver , obtain driver details and issue an LBC and court claim , there are no mechanisms for that at all

It all starts with keeper details ,so how and when ?

You can email the DVLA to find out when the keeper details were accessed and by whom , for free , so no charge , but the DVLA will post it out within a month , Umkomaas posts this information on a regular basis if you need further clarity

Redx said:

It's not a penalty either , it's a Parking Charge Notice , PCN , or invoice in layman's terms

PPL do not issue Penalty notices

Although you state that nothing was received after the windscreen PCN , the claimant must have obtained keeper details within 7 months to get your name and address , a SAR reply should show this plus show if a NTK was issued , who to , plus their address as well

Meaning that the claimant has obtained keeper details from the DVLA within 6 months and have a month to get it to the Keeper , may well have issued a PCN to the defendant at the registered address , which is all they have to do and usually do , they assume that the keeper and driver are the same entity

They cannot just identify a driver , obtain driver details and issue an LBC and court claim , there are no mechanisms for that at all

It all starts with keeper details ,so how and when ?

You can email the DVLA to find out when the keeper details were accessed and by whom , for free , so no charge , but the DVLA will post it out within a month , Umkomaas posts this information on a regular basis if you need further clarity

When I raised the absence of the NTK with DCB Legal, they forwarded me a generated letter which dated itself the 26/02/2019 it had my correct name and address on it but I never received it. I have made a SAR to the DVLA will see what comes back.

Then PPL obtained keeper details too early from the DVLA in breach of their Kadoe contract

8 Feb to 26 Feb is only 18 days , whereas they cannot access keeper details until day 29 or later if a windscreen PCN has been issued , so the DVLA request may well reveal this as fact , more evidence of dishonesty by PPL and you should report it to the DVLA Kadoe complaints if found to be true

It does explain how PPL knew your name and address to send an LBC and to file a claim

You can see how these people play fast and loose in an unregulated cowboy infested industry

Umkomaas

As a follow on to @Redx's excellent advice above .....

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail.

Coupon-mad

I wonder if the 'ticket on the windscreen' wasn't a full Notice to driver but a soft ticket (now banned) which doesn't give details and mimics a Notice to Driver. PPCs used them as a back door way to make it look like they'd alerted the driver but were then getting DVLA data early. 

See the thread by @adambuzz14 for his win and he got a transcript of his court case for people to use as evidence at WS stage.

dvdccd

Coupon-mad said:

I wonder if the 'ticket on the windscreen' wasn't a full Notice to driver but a soft ticket (now banned) which doesn't give details and mimics a Notice to Driver. PPCs used them as a back door way to make it look like they'd alerted the driver but were then getting DVLA data early. 

See the thread by @adambuzz14 for his win and he got a transcript of his court case for people to use as evidence at WS stage.

Thanks, I read through thread @adambuzz14 and saw his defence that gave me a few ideas.
I'm pretty sure this one is a PCN though as it states it is. I have loaded it to dropbox, is you would not mind taking a look?
https://www.dropbox.com/s/41qqdnu0wz4oxyy/ParkingFine.jpg?dl=0

KeithP

I'm pretty sure this one is a PCN though as it states it is. I have loaded it to dropbox, is you would not mind taking a look?
https://www.dropbox.com/s/16wooonvpam1wib/How to use the Public folder.txt?dl=0 

Wrong link.