'Privacy Notice' parking contravention note attached to vehicle, whilst reversing out of space?!

Coupon-mad

"image of the vehicle quite clearly in a reversing motion"

LOL!  The judge will not like that!

fatalist54

Umkomaas said:

Is your V5C (logbook) up to date with your current address?  Most PCNs going to an old address are as a result of a failure to update. 

I've just had a little look into this - and yes my logbook is up to date with my current address, but the letters themselves that VCS had supposedly been sending (according to the SAR, where they had provided imagery of 4 letters they had sent between March and May 2022) crossed over when I'd updated my V5C.

I do still have the old V5C and the date the new V5C was produced with my current address - which was at the beginning of April 2022.

fatalist54

Coupon-mad said:

"image of the vehicle quite clearly in a reversing motion"

LOL!  The judge will not like that!

I should add that the only image from the SAR that VCS could muster up, with the privacy notice slapped on the windshield was when the vehicle was in motion. The other images they've provided do not have the privacy notice attached.

That is to say that there is no image of the privacy notice on the vehicle where it is static/motionless.

Car1980

A "contravention" would imply the notice is impersonating a council Penalty Charge Notice.

Car1980

I would also argue that if a parking company hands a piece of paper to the driver or affixes it to the vehicle accusing them of breaching a contract and that a payment is required it is to all intents and purposes a Notice to Driver. 

You can't hand notices to drivers and claim it's not a Notice to Driver when the core messaging is the same as a NtD, namely that you owe us money.

It obviously fails to meet any of the requirements and is void:

7(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;

(c)inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—

(i)specified in the notice; and

(ii)no later than the time specified under paragraph (f);

(d)inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(e)identify the creditor and specify how and to whom payment may be made;

(f)specify the time when the notice is given and the date.

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).

(4)The notice must be given—

(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

(b)while the vehicle is stationary,

by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.