Ticket displayed upside-down

vanbanger

Well, I've put my SAR in.  Thanks for the advice so far I will keep you all posted about the progress of this. 
A couple of interesting things I learned from reading the other threads: the ticket has a reference number on the back which is visible in their photo showing the upside down ticket, so they could've used this to confirm that it was a valid ticket, instead of issuing a fine.  And, (somewhat pedantically), their conditions say "parking is permitted for vehicles clearly displaying a valid ticket".  They don't stipulate that the ticket must be the right way up, and it was clearly displayed with a visible unique reference number at the time that the PCN was issued.
And in addition, the ticket was just a slip of paper, there was no sticky bit to it at all, no mechanism to attach it to the window, and it would be very easy for such a ticket to flip over in the draught from the door being closed, and the burden of proof is on them to show that this didn't happen.

Fruitcake

It is not a fine.

Have a look at this case on the Parking Prankster's website from a few years ago around the same time as your event..

Parking Prankster: Search results for sticky (parking-prankster.blogspot.com)

If it gets to court then then you will challenge the signage in your defence. The scammers will then need to provide images of the signs on site at the time, which will show there was no stipulation which way up the ticket had to be displayed.

vanbanger

Hi again, I've had a response from UKPC about my SAR:

"We have searched based on the information you have provided, however we have been unable to confirm your identity as the data we hold does not match the information you have provided below, therefore we must take steps to verify your identity. If you are acting on behalf of someone we would need consent in writing for you to act on their behalf alongside proof of address or photo identification. Once we have verified your identity, we will process your request and will consider the information you have provided to determine whether we can comply with your request."

The information I provided was my name, address, registration of the vehicle, date and location that the charge was issued.  And I attached a scan of my V5C as proof of identity.  The newbies thread has this to say about what information I need to provide:

You do NOT have to supply intrusive ID (intrusive = driving licence or Passport) so refuse that if they demand it, but you do have to show that you are the correct data subject. So attach a scan of your V5C if you still own the car, or if not, a utility bill to show your name and address.

So what's the next move, given that I've sent them my V5C already and they are saying this isn't enough?

thanks

D_P_Dance

Some judges regard this as trivial, read this and complain to your MP.

https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,court refuses to consider trifling

Fruitcake

Sometimes a PPC will have such a naff search system that they cannot search their database by a person's name, only by a VRM, but you have already provided them with that, so that cannot be the problem. 

I wonder if they trawled through their records, saw that a particular PCN hadn't been paid, and passed it to DCB Ltd, but no longer have the original PCN/NTK which is why they are unable to produce it.

Is the V5C for the same vehicle, with the same registration mark, or have there been other changes such as a house move? I just wonder if the data provided has been misunderstood by ineptitude or design.
Are you sure you provided the correct VRM for the vehicle in use at the time, rather than that of a current vehicle if different?

If you are sure you have sent the correct data, then complain to UKPC and the BPA about the PPC's failure to respond to your SAR. Point out that you have provided the vehicle's VRM, proof of ID and your name and serviceable address. Give them seven days to either respond with the data they must have in order to pursue payment, or cancel the charge. If they fail do do either, then tell them you will complain to the ICO.
If they do fail, then follow through with your complaint to the ICO.

Do complain to your MP as well about this unregulated industry as well.

vanbanger

Ah, we have moved house since the charge was issued.  I told them our current address but not the previous address at the time of the charge.  I will email them to let them know what our previous address was and as you suggest I will point out that I have provided the vehicle's VRM, proof of ID and your name and serviceable address.  Thanks

Fruitcake

As I suspected, it's their naff search facility. They should have enough information to search for your personal data from your name, proof of ID, and VRM of the vehicle in question. Again, as I suspected, they are either inept or being deliberately obstructive.

henrik777

vanbanger said:

Ah, we have moved house since the charge was issued.  I told them our current address but not the previous address at the time of the charge.  I will email them to let them know what our previous address was and as you suggest I will point out that I have provided the vehicle's VRM, proof of ID and your name and serviceable address.  Thanks

Keep a record of that in case they go for a stealthy CCJ and then claim ignorance when you have to set it aside.

Fruitcake

Following on from henrik's comment, you should send a rectification notice to the DPO of the PPC if you haven't already done so. You need to instruct them to erase your old data and replace it with your new address for service.

vanbanger

I've had a further email from UKPC: "The parking charge relating to vehicle registration ####-### is under a different name, in order to send the data we hold we would need consent in writing that the person with the parking charge gives permission for you to act on their behalf in the matter."

The vehicle is registered to my name, not sure how they have my partner's name but I presume it is because she initially spoke to them on the phone asking for the charge to be cancelled since she bought a ticket.  Do I need to send her 'consent in writing' or are they obliged to send me the information regardless since the car is in my name?