OPC failing to provide any evidence

Mevrian

Recently OPC sent me a parking fine for the notorious St John's Retail in Wolves. After carefully reading the newbies thread, I sent an email of the format suggested asking for their evidence, the signage and their agreement with the land owner (who ignored my attempts to appeal to them).

Today I received their rejection, saying that there is no further internal appeal process.

At no point, however, have they sent me even a slither of evidence. They did not send me photos of the car with the inital "fine." They did not send them in response to my email. They did not send evidence of the sign. I have no idea if I did overstay as they claim (or even if I was in the car park on the day and time they say) don't see how I can answer their fine if the only thing I have to go in is their claim.

Should I follow up again requesting evidence of the infraction? If/when I submit my POPLA appeal, should "complete lack of any evidence provided" be part of my appeal?

The newbies thread seems to assume they will have provided some kind of evidence of the violation so I'm not clear on what the best next step here is.

Thanks for any advice!

Le_Kirk

You submit your POPLA appeal based on the usual reasons listed in the NEWBIE sticky third post.  Have you submitted a SAR?  If they receive that, they cannot refuse to supply data about you and/or your vehicle which should include the photos you need.  When the PPC send their evidence to POPLA and if they do not refute the points you made in the appeal, then you win.  You are unlikely to see a contract - they will hide behind confidentiality- until/if it goes to court.  Let them try telling a judge that he/she cannot have a copy of the contract!

Umkomaas

If you've received your POPLA code, concentrate on your POPLA appeal, where, of course, you will make great play of the fact that they have provided no evidence. The NEWBIES FAQ sticky, third post, has template appeal points to use, just need tweaking to reflect the circumstances of your parking event. 

In parallel, get a SAR off to OPC which should flush out any personal data they hold on you and anything related to your vehicle's VRM. The NEWBIES FAQ sticky, second post, has a link to a SAR template.  It will take them up to 30 days to respond. We know that your POPLA code will last for 33 days (despite what POPLA or the PPC say), so there may be a bit of slack nearer the deadline to hopefully receive your SAR response. 

Mevrian

Thanks for the advice, I'll get a SAR off and see what they send back. To clarify, as the two replies I've got seem to disagree a little on this point: Should I prepare and submit my POPLA appeal before receiving the results of my SAR, or wait for that evidence so I can take it into account in my appeal?

Thus far they've not *refused* to send me anything. They've just not even acknowledged that I asked for these proofs.

Thanks!

Le_Kirk

Submit you SAR now, wait if you can but do not miss the deadline for the POPLA appeal.  POPLA codes last for 33 days not the 28 they claim.

Mevrian

I'll also note that on their website there's no direct contact email of any kind other than one for ticket enquires. The newbies thread says:

> Find out where to send the SAR by email, by looking on the Parking firm's PRIVACY webpage, telling you where to send 'data concerns' to their Data Protection Officer (DPO).

But there's no privacy page or mention of a DPO that I can find. The only email anywhere on the site is:

enquiries@observices.co.uk

Which is on the "Ticket Enquiries" page.

Mevrian

I've requested the contact info of thei DPO and if I don't hear back by the end of Monday I'll just send the request to the only two email address they have made public, (enquiries@observices.co.uk and appeals@observices.co.uk). I presume they'll have to respond to it if sent to the only contact addresses they provide.

KeithP

By googling observices privacy you will find this page...
http://p2p247.co.uk/pdf/OPC_Privacy_policy.pdf

In there it says...

13.4 You can contact us:
(a) by post, to the postal address given above;
(B) by telephone, on 084501304230
(C) by email, using enquiries@observices.co.uk

14. Data protection officer
14.1 Our data protection officer's contact details are: John Portway

So yes, you have already found the correct email address.

Mevrian

Wow thanks! I shouldn't have relied on DDG for that search! Your googlefu beats mine!

Mevrian

I have submitted a complaint to BPA alleging two breaches of their code of conduct and contacted my MP. Guess all I can do now is wait for the response to the SAR and begin preparing my POPLA appeal!

Thanks again for the help provided, you do awesome work here!

Fruitcake

Have you complained to the landowner yet? A landowner cancellation is always Plan A.

Get pics of the site and signage.

Post your draft PoPLA appeal here for checking before you submit it.