PCN Final reminder no prior notice. PCN a total scam

EthMaxi

Hello all, I would first like to say I appreciate all you out there helping out people like me. I've read all the stickies and educated myself on this forum, however I'm still a bit confused and worried about my case.

I'm the keeper of the vehicle and have received a Final Reminder letter from NCP on 13th February with no prior notices to keeper. The date of the incident was 23rd October 2021.

The alleged offence was in Cheshunt station car park operated by Greater Anglia for 'partial payment'. Their ANPR cameras have apparently spotted the driver entering the car park on 19/10/21 at 8am which is correct (driver dropped off other half at the station and then left for home, and then picked up other half later that evening) and leaving the car park at 23/10/21 at 6.15pm (Driver entered the car park earlier that day and paid for a days parking). So their ANPR cameras have missed the driver leaving and entering the car park on two separate occasions on different days, and think the car has been parked at their station for a total duration of 4days and 10 hours. This is total rubbish. It's very infuriating that I'm having to spend so much time, effort and stress for something totally false and scammy.

I have tried to appeal the PCN online however it does not give me the option to do so as I only received the Final Reminder letter. I have tried contacting Greater Anglia parking fines department by using their contact form and contacted NCP appeals customer service on 3 separate occasions (no name was stated) however I have not received a response to my numerous emails. I'm slightly concerned that I shouldn't have done this. I've logged on the see the stage of the PCN, and it shows debt collection stage. 

Just to add a bit more information, I've moved address in January so any letters they send would be going to my previous address, as the Final reminder letter did. Not sure if that matters or not.

I would be grateful if someone could point me to the right direction and advise what my next step should be. The driver  has notified me that they're absolutely determined not to pay these scammers a penny and would like to also be reimbursed damages for their time, sleepless nights and stress if possible.

TL:DR, first letter received was Final Reminder, incident was not my fault, cannot appeal online, case has moved on to debt collection

Trainerman

Apart from writing silly threatening letters, the Debt collectors can do nothing. However, you do need to inform the data processing officer at the Parking Company of your new address and to erase all others. This is to avoid things happening without your knowledge.

Look out then for a proper Letter of Claim, as that can NOT be ignored. This may well be taken further, but don't worry. This looks like a straightforward 'double dipping' case, and they can be defended well. I would not expect you to lose this. Keep reading and make sure you understand the process.

Fruitcake

Do as advised above, and also complain to the BPA and your MP that this is very obviously a double dip where two visits have been linked together to fake one long stay.
You should also complain to the DVLA that NCP has unlawfully obtained and processed the keeper's personal data without reasonable cause, and make a separate complaint to the DVLA that they (the DVLA) have unlawfully sold the keeper's data without reasonable cause, and without carrying out proper checks.

Also get pics of the site and signage as well as looking for proof that the vehicle was elsewhere. Dashcam footage or even smartphone location tracking, or a vehicle insurance black box tracker will all be useful as well as receipts and/or credit card statements during the alleged four days.

EthMaxi

Fruitcake said:

Do as advised above, and also complain to the BPA and your MP that this is very obviously a double dip where two visits have been linked together to fake one long stay.
You should also complain to the DVLA that NCP has unlawfully obtained and processed the keeper's personal data without reasonable cause, and make a separate complaint to the DVLA that they (the DVLA) have unlawfully sold the keeper's data without reasonable cause, and without carrying out proper checks.

Also get pics of the site and signage as well as looking for proof that the vehicle was elsewhere. Dashcam footage or even smartphone location tracking, or a vehicle insurance black box tracker will all be useful as well as receipts and/or credit card statements during the alleged four days.

Thanks for the info, is there a general complaint template or anything I shouldn't mention to my local MP? Awesome advice on the smartphone tracking. I can see the driver entering the car park on 19th October at 6.24pm, then driving around the next few days, plus entering/leaving the car park on 23rd October. Will I use this in court as evidence?

EthMaxi

I mean leaving the car park, not entering

Fruitcake

EthMaxi said:

Fruitcake said:

Do as advised above, and also complain to the BPA and your MP that this is very obviously a double dip where two visits have been linked together to fake one long stay.
You should also complain to the DVLA that NCP has unlawfully obtained and processed the keeper's personal data without reasonable cause, and make a separate complaint to the DVLA that they (the DVLA) have unlawfully sold the keeper's data without reasonable cause, and without carrying out proper checks.

Also get pics of the site and signage as well as looking for proof that the vehicle was elsewhere. Dashcam footage or even smartphone location tracking, or a vehicle insurance black box tracker will all be useful as well as receipts and/or credit card statements during the alleged four days.

Thanks for the info, is there a general complaint template or anything I shouldn't mention to my local MP? Awesome advice on the smartphone tracking. I can see the driver entering the car park on 19th October at 6.24pm, then driving around the next few days, plus entering/leaving the car park on 23rd October. Will I use this in court as evidence?

At this point you don't need proof that the car left and returned. There are no templates for complaints, although there is a thread entitled, Successful Complaints. This contains complaints other posters have made to landowners and sometimes their MP.

Your complaints should be from the registered keeper, and the driver should not be identified. At this stage it should be a simple statement that the car entered and left on X date, and entered and left again on Y date. The keeper has proof that this was two separate visits, evidence of which will be provided at the court stage if it gets that far.
The DVLA breached the DPA and GDPR by selling the keeper's data, and PPC breached the same by obtaining and processing the keeper's personal data.

Once you have made complaints to the PPC and the DVLA, you can then report them both (separately) to the ICO, but you will need to provide proof at that stage. You may need to provide proof to the DVLA as well in order to proceed with your complaint to the ICO.

The ICO are currently investigating the DVLA for their repeated sale of keeper data, so every complaint will have added value to the ICO's investigation.


Back up that smart 'phone tracking data and keep it safe.

Le_Kirk

Send your Data Rectification Notice to: -
dataprotection@ncp.co.uk

EthMaxi

Really appreciate all the help. Complaints have been sent out to BPA, my local MP and DVLA. Let's see what they come back with. Also I've logged in to my PCN case again to see that the case status has moved from debt collection to 'on hold' and the case stage 'Issued (full chg)'. Not sure if this is a positive step in the right direction?

EthMaxi

I have just logged into my PCN case and it has been cancelled... Outstanding amount is £0.00. Looks like complaining really does work. So happy! Thanks for all the help @Fruitcake@Trainerman

Half_way

If this was me I wouldn't drop a double dip at the charge being cancelled.
I would still be getting on at the landowner asking them to pay you for the time wasted, and the GDPR angle With the landowner and the ICO

EthMaxi

Half_way said:

If this was me I wouldn't drop a double dip at the charge being cancelled.
I would still be getting on at the landowner asking them to pay you for the time wasted, and the GDPR angle With the landowner and the ICO

Yes I'm happy with the charge being dropped and I'm happy it led me to this invaluable forum, however I'm still furious with the double dip charge and would like to be compensated for my time, as it is very limited these days being a business owner and recently becoming a father to my son who is only 2 weeks old. Any pointers on how I can move forward with this would be appreciated