PCN Help - Cash Paid

Squibalicous

Ok so my brother returned the NTK with my address abroad.

I have complied the below for POPLA (omitting some details at present).  Please advise if this is sufficient or should have anything else added? Thank you in advance.

Dear POPLA Adjudicator,

I am writing to discuss the Parking Charge Notice issued by [Parking Company] on [Date of Incident]. I believe this charge is unjustified for the following reasons:

1.      Payment Made in Cash: On the date in question, I paid £2.30 in cash at the parking machine at approximately 11:50am.  The ticket was placed in the car as requested. This payment should have covered the parking duration, and I have no reason to believe that the payment was not processed correctly.

2.      Keying Error: The only plausible explanation for the issue is a keying error when entering my vehicle registration number. According to the British Parking Association (BPA) Code of Practice, parking operators are required to check for keying errors before issuing a Parking Charge Notice. It appears that [Parking Company] failed to perform this check.

3.      Failure to Offer Settlement: The BPA Code of Practice also states that in cases of keying errors, the parking operator should offer to settle the charge at a reduced rate of £20. [Parking Company] did not offer this option, which is a clear breach of the Code of Practice.

4.      Lack of Proof: [Parking Company] has not provided any evidence to prove that no payment was made by cash. Additionally, they have not disproved the possibility of a keying error. The burden of proof lies with the parking operator to demonstrate that the payment was not made or that a keying error did not occur.

Given these points, I respectfully request that POPLA uphold my concerns and cancel the Parking Charge Notice.

Thank you for your time and consideration.

Yours sincerely,

Coupon-mad

That's not based on the POPLA advice in the third post of the NEWBIES thread.

And if the appellant lives abroad, you should end by saying that regardless of the outcome you now live in COUNTRY and won't be paying and are now permanently domiciled outside of the jurisdiction of the English courts, so the operator may as well save the POPLA fee and give up now.

Squibalicous

Ok I'm really confused by all this. I've already asked Initial to review everything for proof I paid and given they declined this I thought I needed to go to POPLA?

On one of the earlier posts, I was advised to say the above combined with the third post in the newbies thread. However, the third post from my understanding is going through the POPLA process for Airport or Parking Eye which I believe mine is neither.  What you've said above I'm assuming is information to say to Initial rather POPLA? So right now I don't know what I should be doing.

My brother has sent the form back with a USA address, but they obviously won't delete my data they hold from the internet input or update my information.

Coupon-mad

Squibalicous said:

Ok I'm really confused by all this. I've already asked Initial to review everything for proof I paid and given they declined this I thought I needed to go to POPLA?

On one of the earlier posts, I was advised to say the above combined with the third post in the newbies thread. However, the third post from my understanding is going through the POPLA process for Airport or Parking Eye...

You are the first poster to say this; no it's not.  Please read it again over the weekend.

kryten3000

I would hit Initial's Data Protection Officer privacy@initialparking.co.uk (and the BPA) with a DPA complaint for their refusal to change the address for service.  It's not up to them to decide where to send correspondence just because it might be inconvenient for them later on. Escalate to the ICO if they continue to refuse (but be prepared to wait for any response from the ICO).  

Your non-UK address is a valid address for service, and it's not your problem that it puts you out of jurisdiction for any claim that might follow a failed POPLA appeal.  

If you ever get another charge in future like this then the best thing to do is get the keeper to name you as the driver giving that non-UK address.

Squibalicous

kryten3000 said:

I would hit Initial's Data Protection Officer privacy@initialparking.co.uk (and the BPA) with a DPA complaint for their refusal to change the address for service.  It's not up to them to decide where to send correspondence just because it might be inconvenient for them later on. Escalate to the ICO if they continue to refuse (but be prepared to wait for any response from the ICO).  

Your non-UK address is a valid address for service, and it's not your problem that it puts you out of jurisdiction for any claim that might follow a failed POPLA appeal.  

If you ever get another charge in future like this then the best thing to do is get the keeper to name you as the driver giving that non-UK address.

Thank you for the above.  Initial have refused the update so I have placed a complaint with them to rethink and if no joy I will go to the ICO.

Coupon-mad

So because you appealed at one address, according to Initial Parking "you can never leave" (Hotel California vibes!).

Squibalicous

Coupon-mad said:

So because you appealed at one address, according to Initial Parking "you can never leave" (Hotel California vibes!).

Just to give you some more laughs, they've responded to my complaint but only if I send proof of tenancy or mortgage.  I've sent them a credit card statement.  Let's see them trying to get out of it again.

Coupon-mad

Wow. To ask for proof of TENANCY or MORTGAGE is excessive data intrusive madness and needs reporting to the ICO.

Squibalicous

Have a feeling they are still going to contact through UK address. I'm not sure if I can ask them if they received the NTK back with the updated address as well as my brother returned it?  Do I request a NTK to the updated address as I do not hold the original. Will submit a complaint to the ICO and rework on the appeal to POPLA.