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EURO PARKING SERVICES - PCN
NtK PCN received for driving onto a pub cark park for 3 m 38 s to be precise and has since received notice to pay £100 (£60), if paid within 14 days. The reason they had entered the car park was because they were not familiar with the area they were in and were looking for the car park for the bank. The driver did not leave the car, but the passenger jumped out and walked to his destination and the driver reversed off the premise car park immediately.
I have browsed through the forum and found the following information which I felt was relevant to the case. Please can anyone advise if this is sufficient and if anything further should be added to strengthen their case. Your help and advice would be gladly appreciated. Thank you in advance.
Please see below:
Data Protection
Act 1998 -- Section 10 Data Subject Notice
I am the registered keeper of
the vehicle with registration mark XXXXXXX and I have received your PCN
number 9999999.
The driver did not "park" (stopping
briefly is not parking) and could not have entered into any contract because a
contract cannot be forbidding and, in any case, the driver had no chance to
read and accept the terms of any contract before the alleged contravention
occurred. Furthermore, you cannot use Section 4 of the Protection of Freedoms
Act 2012 to transfer liability to the registered keeper because the location of
the alleged contravention is subject to statutory control, and I am under no
obligation to name the driver.
As a result,
there is no legally-enforceable parking charge and no justification for you to
pursue me. You have,
therefore, obtained my personal information without reasonable cause. This is a
clear breach of data protection principles 1 and 2 of the Data Protection Act
1998 (DPA). Your unreasonable and unlawful demand for payment is causing me
significant distress and anxiety.
I demand that you immediately
cease and desist from processing my personal data, except to inform me that you
have complied with this demand. Any further processing of my personal data,
including demands for payment or passing my personal data to any third party,
will be considered harassment and a flagrant disregard of the DPA, which will
be reported to DVLA and to your ATA, and may result in legal action against you
for compensation or damages, including Exemplary or Punitive damages.
The DPA requires you to
respond to this notice within 21 days (GDPR: 1 month).
Yours faithfully,
[squiggle]
Your name, address and contact details
Comments
-
That's far too old and legally out of date. It conflates an appeal with a section 10 notice thatI don't think applies, and cites an old version of the DPA. You must have found that on an archived thread that's 4 years old - or older. Don't use it.
Just appeal based on the template on the NEWBIES thread, and show us the NTK because I can't recall if Euro PS use the POFA or not.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Do not send the above. It will achieve nothing. It refers to out of date legislation, and I doubt very much that a pub car park is under statuary control.
What was the reason for the NTK being issued?
What happened when the keeper complained to the landowner?
If a landowner cancellation is not forthcoming, then send the appeal template in blue text you will find in the sticky Announcement for NEWBIES at the top of the forum page near where you clicked on the New Post button.
Send the appeal unaltered, from The Keeper.
If/when it is rejected, make a second stage appeal to the IAS (even though the NEWBIES advises you not to.) I would suggest that 3m and 38s is well within a reasonable grace period, as per the IPC CoP, required to read signs and decide whether or not to park.
Do not reveal the driver's identity under any circumstances.
I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2 -
That doesn't make sense.rdw_06 said:
On your other thread you were advised only three days ago to use the template in blue text from the NEWBIES. There is no reason to suppose the advice will be different for this PCN today.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2 -
I am unable to upload photo.
0 -
You can't upload photos because you have not been here long enough to have certain posting privileges.
It would be helpful if you answered the questions you have been asked already.
At this stage you need to do nothing more than send the appeal template as advised on this thread and your other thread, plus obtain photos of the site and signage for further reference.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2 -
This is a different case. The first query I has been actioned and sent. This is a different case for someone who i am trying help to sort out. Sorry if i have confused you.Fruitcake said:
That doesn't make sense.rdw_06 said:
On your other thread you were advised only three days ago to use the template in blue text from the NEWBIES. There is no reason to suppose the advice will be different for this PCN today.0 -
But @Fruitcake's suggestion was that this parking incident should be treated in exactly the same way as your earlier incident.rdw_06 said:
This is a different case. The first query I has been actioned and sent. This is a different case for someone who i am trying help to sort out. Sorry if i have confused you.Fruitcake said:
That doesn't make sense.rdw_06 said:
On your other thread you were advised only three days ago to use the template in blue text from the NEWBIES. There is no reason to suppose the advice will be different for this PCN today.
2 -
Yes I realise it is a different case, but the advice is exactly the same.
Plan A, complain to the landowner and the keeper's MP.
If that fails, send the initial appeal template in blue text from the NEWBIES.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2
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