Car Parking charges and false information from Ipserv Ltd

Cardriver45

The keeper received x2 NTK reminders for parking charges for parking in a pay and display and permit holders only car park. The driver had paid for a ticket each time but didn't realise the car park was permit holders only as they had parked there previously as had other family members but didn't realise they had changed the rules. There are only 2 signs that mention the car park as being permit holders only one on the approach road. The one on the approach road is to the left side of the road out of the sight line of the driver with a speed limit sign and a road hump sign above it. The fact it is set to the side and because and the amount of signs together make it difficult to read. The other sign contains 5 signs together with large amounts of info on each, so the driver missed the permit holders only message. Only one of the 2 pay machines has the sign behind it.

The keeper hadn't seen the original NTKs as they had been unwell for a month and someone else had taken the letters in and put them away without telling the keeper, so the keeper only found them after receiving the reminders.

The keeper wrote an appeal to the parking company as it was too late to appeal online as there were several failures under the POFA 2012 act, namely one of the NTK was outside of the required 14 day time limit.

The PPC replied and have lied given false information about the dates of the parking event for both of the parking charges, making it look as if the NTK was sent within the required 14 days, when in fact it has not (17 days)

Would someone be able to take a look at my reply please and let me know if I should make any changes?

Thanks

I've posted it in the comments below

Thanks

Cardriver45

Dear,

I am writing to you in response to your letter dated 13th July 2021 regarding my appeal to the parking charges *******

As can clearly be seen (page 2 fig.1) and in the copies of the NTK included, the dates for PCN; ******* your give on the letter (a copy is attached) are incorrect and misleading. The NTK was not received by the keeper within the expected 14 days as stipulated by the Protection of Freedoms Act, Paragraph 9 (4) & (5), but 17 days after.

The dates for the event for ******** are also incorrect, (see page 2 fig. 2).

This is a deliberate attempt to deceive, and I refer you to the penalties under the Fraud Act 2006. 

There are also failures to meet the required conditions of the Protection of Freedoms Act 2012 in the NTK for PCN: ******** and these are detailed in (fig 3. page 2).
 
I note that, despite sort of rejecting my appeal, you have failed to supply me with a POPLA code, as required under your ATA code of practice.

Do so within 5 days, or, preferably, cease contacting me with any further correspondence, having confirmed that - as you cannot hold me liable for this charge - you have removed my data from your systems.

Given you no longer have any "reasonable cause" to process my data, to continue to process would be an additional offence under the Data Protection Act 2018, for which I reserve the right to pursue damages for. Vidal Hall v Google is brought to your attention.

Otherwise I (the keeper) shall be complaining to the British Parking Association (BPA), Ipswich Borough Council, my local Member of Parliament and Suffolk University as you have provided false and misleading information.

Yours Faithfully

Le_Kirk

You might want to remove your name and the specific PCN reference numbers.  As you won't be able to edit your own posts yet, please send a PM to a board guide (Savvy or Soolin) and ask one of them if they would kindly make an edit.  There could be people of mischievous attitude who could/would do nasty things with your info!

Cardriver45

Le_Kirk said:

You might want to remove your name and the specific PCN reference numbers.  As you won't be able to edit your own posts yet, please send a PM to a board guide (Savvy or Soolin) and ask one of them if they would kindly make an edit.  There could be people of mischievous attitude who could/would do nasty things with your info!

Ok thanks I will do, though that isn't my name, its the name of the person who sent the reply letter from the PPC

Coupon-mad

It’s not a BPA AOS firm, is it?

No POPLA code tells us it’s an IPC firm.  Who? 

And I hope your appeal first of all didn’t talk about who parked and what you did? 

Cardriver45

Hi, thanks for your reply. 

No, it is a BPA member who are part of POPLA. It was past the 28 days so I couldn't just appeal online. I have not revealed the name of the driver.

Unfortunately, I didn't see the NTK in time as someone had put the unopened letters away without telling me so I only found them when I received the reminders after the 28 days.

I'll post pics of the reply from the PPC below

Cardriver45

Reply from PPC to my letter 

Cardriver45

Page 2 that contains the NTK that was received past the 14 days of the event going by the POFA guidelines. The actual date of the event which is clearly marked on the NTK and the ANPR camera was 25th May 2021

Coupon-mad

Lol, IPSERV! Are they really still in the BPA? 

Report them to the BPA and DVLA for misleading you in writing, about keeper liability.  Show the DVLA and BPA the evidence. 

Complaint email for the DVLA is in post #5 of the NEWBIES thread. Copy in the Head of BPA AOS, Sara Roberts because if what you say is correct, this is serious: 

sara.r@britishparking.co.uk

Also include a URL link to this thread.  The BPA know about and respect MSE posters.

Remind the DVLA that a few years ago they used to ban firms outright for misleading keepers about POFA applying when it didn’t. Ask if the DVLA still uses those teeth or are they happy to let ten million PCNs be issued in the last pre COVID year and over 5 million during the last COVID year and not even attempt to shut the stable door now that horse has bolted?

Tell the DVLA not to respond with their template paragraph about how they think they ‘safeguard’ keeper data because that regurgitated DVLA response is insulting to consumers, and to investigate this properly.

Umkomaas

There's more to this than so far outlined here. PePiPoo members have taken it further down the track. Here's the thread link. Double forum confusion potential!

http://forums.pepipoo.com/index.php?showtopic=140226&st=0

Cardriver45

That link is for 1 of the NTKS as they told me to post separate threads for each.

If you want to see the thread for the other NTK it is under the title 

car parking charge, NTK for parking in a permit only car park on PePiPoo