Within guidelines of POFA or not? What arguments to use in POPLA appeal for this one?

Baldricks

@Umkomaas I just called CP Plus and listened to their privacy policy statement regarding SAR. They state that in order for them to provide me with the requested information they would require copy of id (passport) utility bill and confirmation from DVLA that I was the owner of the car at the time when PCN was issued. I'm guessing this only applies to email inquiries right? Are they just trying to discourage people from requesting this or do I really have to provide all this with the SAR request?

Fruitcake

You need to provide proof of ID, but never send photo ID. All you need is a copy of your V5C, as long as the name and address on it are correct, or a redacted utility bill or redacted bank/card statement.

Also, never, ever phone a parking company, ever.

You won't get a PoPLA code unless the BPA decide that a NTK was never given and tell GN to issue a code.

Keep up with your complaints to the landowner, your MP, and the BPA, making sure never to reveal the driver's identity.

Other than that, you will be in ignore mode unless you get a letter of/before claim or a court claim itself.

B789

Baldricks said:

If I send a SAR I think that would have to be by post as I can't find any email addresses to contact these guys on other than the appeal email address.

A quick look at their privacy policy on their website reveals the contact email address near the bottom:

https://www.parking.net/privacy-policy-of-parking-network

We should not have to be doing this stuff for you at this stage.

Baldricks

@B789 thank you but that's not the company I received my PCN from, CP Plus is the one I'm dealing with. I've done some digging and found their email. Thank you all for helping me out here  

B789

Did you try sending the suggested email to this address: appeals@groupnexus.co.uk

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an automatic win at POPLA. Therefore, please cancel the notice or issue a POPLA code at which point you will auto withdraw

If they are playing dirty and are refusing a POPLA code because they didn't send you an NtK then add the following:

Should CP Plus (a Group Nexus company) insist on refusing to provide a POPLA code you are hereby instructed not to breach my GDPR rights by supplying my details to a third party such as a debt recovery agent and you should proceed to issue a county court claim where the alleged breach of contract will be defended robustly. Any breach of my GDPR rights will lead to an immediate complaint to the Information Commissioners Office (ICO) and will be highlighted to the court as harassment, vexatious and unreasonable behaviour.

Baldricks

@B789 not yet, I think I'll send them a letter because I don't think I'll have to provide any proof of address that way or any id I understand why they would request all of this if you contact them via email but thru post it should be a different matter.
Their email for SAR requests is -  dpo@groupnexus.co.uk Also BPA offered to get me in touch with someone to get the NtK after I complained but I don't know if I can trust them because this is how they worded it... (below)

"I note that you state you have had difficulties in contacting CP Plus t/as Group Nexus. With your permission we can share your contact details and forward the below email trail to our contact and request they contact you directly to assist."

Coupon-mad

Yes you can ask the BPA to do that.

Baldricks

@Coupon-mad I think I'll actually do both, send them the SAR request and ask BPA to get me in touch with them

At no point in the email conversation with BPA did I divulge who was was the driver so I'm safe in that regard

Lentulus

Baldricks said:

@Coupon-mad I think I'll actually do both, send them the SAR request and ask BPA to get me in touch with them

At no point in the email conversation with BPA did I divulge who was was the driver so I'm safe in that regard

Are you sure?

Your opening post states: "I appealed to the "creditor" and attached a screen shot with rules for this car park as they were when I parked but had no outcome yet" - if you said that to CP Plus as well then POFA doesn't really seem relevant?

Baldricks

@Lentulus good thing I redacted my details properly   Luckily I didn't say that in my appeal, yes I', sure I just checked. Thanks for pointing this out.