Expired landowner contract

fabs35

My car had been parked in a private car park, overstaying the permitted period and so I received a penalty charge through the post, as the registered keeper.

I understand that staff from this PPC read this forum so don't want to give too much away without hearing your thoughts...

I have reached the stage where the PPC has provided their response to POPLA. Looking at their case summary and the landowner contract - it seems that the agreement between the landowner and the PPC has expired! Both the summary and the contract show confirm that the contract has expired.

I had been planning on the lack of grace period being the focus of my final response (to POPLA) but I guess I should now change focus? 

Coupon-mad

No, just add an extra bullet point.  Comments have to be short.

fabs35

Understood.

I was hoping this would be an automatic win given that (on the face of it), the PPC has no authority to issue tickets - I'm guessing they can't just resubmit an updated/current agreement (assuming they have one)?

Fruitcake

There is no need for cloak and dagger stuff. Please tell us the name of the PPC and the location of the alleged event as it may have cropped up here before.
Please also post a copy of the landowner contract as it may help others who have had their data unlawfully sold/purchased and processed if you are correct that it has not been renewed. Most contracts however have a term stating that the contract will roll over after a set period.

Just add a comment about that landowner contract that the PPC's own evidence shows said contract had expired before the date of the alleged event, and no proof that it had been renewed has been provided by the operator.

As an aside, you could complain to the BPA, the DVLA, and your MP that your personal data was unlawfully obtained and processed because the operator does not have a contract to operate on the site.

Johnersh

Is it expired or is it rolling? Many of these are for an initial period of year and then to continue, terminable on one of the parties having given notice. 

Umkomaas

I recall some court cases where the judge has effectively said that surely if the landowner didn't want the PPC beyond the contract date, then they wouldn't still be operating there. 

Nonetheless a point to be made.

Coupon-mad

Yep and the KADOE requires a valid landowner contract at the point of getting the data.

fabs35

The PPC is Carflow and the alleged event took place in St. Peters Court, Chalfont St. Peter.

I'm not sure how to attach the contract - but it shows that it expired on 31st December 2020. The contract may have been renewed, but I would have thought the assessor is only able to assess on the evidence put before them?

Coupon-mad

You can suggest that in your comments.  You are likely close to running out of time, you only get SIX DAYS to comment.  Not seven as POPLA pretend.

fabs35

Thanks for the quick response - I submitted it just before posting

Coupon-mad

Don't expect to win v Carflow.  Just to warn you!