Private parking ticket issued on land not owned by the property!

WesAslan

@Jenni_D @Fruitcake @Trainerman @Humdinger1 Guys I'm not arguing just raffling and trying to brainstorm my thought process, of course I may be wrong, l have never had any parking tickets barring these two in my life, so it goes without saying that my knowledge in this subject matter is limited, therefore, I'm trying to make sense of the whole thing by asking as much as I can and truly appreciate everyone's posts. 

What would be the letter after appeal rejection if its not a NTK, they surely are going to reach out to my address demanding the keeper pay the charge or inform them who the driver was, no?

Nonetheless, we have one DPA breach which is valid (pcn-10/11/2020), I mean i'm sure if we can punch them back with that one, either make them cancel it (or via the IPC), maybe even a claim... they surely would be more careful to issue tickets on the same spot again as it will cost them. If one case is won in court or whatever, I would presume it surely applies for any future cases too (with identical scenarios)... this is why I believe they're not admitting to any wrongdoing. 

For PCN-10/11/2020, I didn't appeal and they requested my data through DVLA, I'm unable to go to the IPC because I first have to appeal through the PPC. I complained to the PPC (most recently denoting the subject of my email as formal complaint for data protection breach) so it is official. I believe now I have the right to complain to the IPC, well once the PPC send their final response, because a firm under their banner/accreditation failed to follow the code of practice etc.

I worry majorly of getting more tickets, somewhere in the back of my mind lies the thought of what if I don't win... what if eventually I have to pay, if its now i wouldn't take a big hit however once the number of tickets increase the risk and stress also increases exponentially.

Meh this PPC is absolute bs, fck them with all due respect. Why are they allowed to make me go through this, I don't get it. Any other sector you complain to would (to a certain degree) resolve a complaint more amicably, these guys are just making me do everything! Someone mentioned above in the post I believe it's the PPCs responsibility to prove the legitimacy of their case but they aren't doing anything. 

Thanks again everyone

WesAslan

Coupon-mad said:

Filing a claim is done online and costs £35.  It exists for the man in the street to get access to justice.  This is worth trying to make sure it's worded and the legal basis of claim pleaded properly:

https://smallclaimsadvisor.co.uk/

No connection with me but we know the person who runs it is trustworthy, knows about parking law and might take this on. 

Thanks a lot! Will most definitely contact them over the weekend hopefully. Going to court is stress too seriously, never been, stage fright might get me. Why are PPC so trash omg!

Johnersh

Once they're told to stop, if they keep coming and start proceedings, that's when I'd weigh up whether I had a counterclaim for harassment.

Right now, I'd just keep calm, but hang onto every letter in case they were needed and write a complaint to the ppc in relation to each new ticket.

I always pick my battles. 

WesAslan

Johnersh said:

Once they're told to stop, if they keep coming and start proceedings, that's when I'd weigh up whether I had a counterclaim for harassment.

Right now, I'd just keep calm, but hang onto every letter in case they were needed and write a complaint to the ppc in relation to each new ticket.

I always pick my battles. 

Yes indeed. I asked them for a SAR but they only sent the two letters and vehicle images from their side, they didn't send the pre-action protocol letter from the solicitor and debt collection letters, they mentioned I need to go to them directly myself - I asked for their names, hopefully they'll provide it to me. 

Also to note, on their privacy policy it says they'll only share my data to third parties when a contract has been breached, but in my case there was no contract in the first place if that makes senses, because I was not on their land and on public adopted land. 

Maybe I'm interpreting it wrongly, adding it below: 

"Your personal data may be shared for the payment of a parking tariff or charge with: third parties, such as a payment facilitator, an external software provider, debt recovery companies, solicitors, The IPC, court and high court officers/bailiffs where necessary to ensure compliance with your obligations under the contract. We will not transfer your personal data out of the EU."

Coupon-mad

I think see what David says at SCA, but you will have to attach your evidence (the letters and what you said back by email/letter to object). Concentrate on the evidence this is public highway; try to avoid going down rabbit holes about DPA breaches and wording from their website.

David at SCAdvisor will tell you if he thinks it is a case he can take on based on the letters exchanged and your evidence of the place.

Le_Kirk

WesAslan said:

Now that the PPC has my data would there even be an instance where data breach can occur. Wouldn't they use what they have for the a new ticket too? It's same reg which they can look on their system. 

An NTK should come for this one regardless as they will decline the appeal and I will not pay. 

They are not allowed to do that, they must apply to the DVLA each and every time.

WesAslan

@Le_Kirk Yay Thanks a lot for this info!

WesAslan

Coupon-mad said:

I think see what David says at SCA, but you will have to attach your evidence (the letters and what you said back by email/letter to object). Concentrate on the evidence this is public highway; try to avoid going down rabbit holes about DPA breaches and wording from their website.

David at SCAdvisor will tell you if he thinks it is a case he can take on based on the letters exchanged and your evidence of the place.

Definitely will write to them. Hopefully they'll come back with good news!

WesAslan

Le_Kirk said:

WesAslan said:

Now that the PPC has my data would there even be an instance where data breach can occur. Wouldn't they use what they have for the a new ticket too? It's same reg which they can look on their system. 

An NTK should come for this one regardless as they will decline the appeal and I will not pay. 

They are not allowed to do that, they must apply to the DVLA each and every time.

Got another ticket today too... so I guess they need to go to the DVLA for this as I won't appeal. Once I get the NTK Ill go to the ICO and complain regarding a data breach. 

Fruitcake

You have to complain to the PPC and the DVLA first before you can complain to the ICO.

Complain to your MP about this new data breach. Complain each and every time you get a PCN to the PPC, their ATA, your MP, and the DVLA, then follow up each and every time with a complaint to the ICO.

It wouldn't hurt to tell the DVLA in advance not to supply (sell) personal data to the PPC at the location in question because it is a public road, then warn them you will report them to the ICO if they do, and warn them that they will leave themselves open to legal action if they continue.
Remind them that they are already under investigation by the ICO for the release (sale) of personal data without reason, and that there is likely to be a court claim against them in the near future. (I can't remember the name of the solicitors that is preparing this. I'm sure one of the regulars will provide that info).