Help with PCN please.

xenton

Hi,
It's a KFC car park, I'm a delivery driver. Usually on the rare occasion I get stung, a manager will do whatever they do for their own staff. This KFC recently said they can only cancel so many per month, and more recently have put up a sign stating that they cannot help with any PCNs and we must appeal ourselves. I will have been in and out several times rather than parked for this length of time. Sign on the way in at HGV cab height saying restrictions apply, and then several signs in the carpark saying customers can park for one hour.
Here are the signs




 So that's what I'm about to do, but wanted to make sure I worded it correctly, so I would be grateful for your help.

Here is the PCN:

DE_612183

looks like a double dip - did you really stay there for 24 hours 52 minutes - or just 52 minutes?

xenton

DE_612183 said:

looks like a double dip - did you really stay there for 24 hours 52 minutes - or just 52 minutes?

I was in and out several times between those photos, they have taken the entry from one visit, and an exit photo from a much later visit

DE_612183

so there is a standard appeal quoting a well known issue called double dipping with anpr

xenton

DE_612183 said:

so there is a standard appeal quoting a well known issue called double dipping with anpr

So a quick search and I've found:

"I am appealing as the Registered Keeper. It is denied the vehicle was present for the XXX hours YYY minutes you allege. This is a clearly a case of ANPR "double dipping" and you should search your system for the missing orphan images. Please cancel the PCN to avoid having to take this to POPLA.

There will be no admissions as to who was driving and no assumptions can be drawn."

Will that be enough? Should I be asking for the images at this point, or is there anything else I need to include?

Gr1pr

Looks OK to me,  dont ask for evidence etc, that is at popla time if they don't cancel it

Perhaps add that the driver made more than one short visit, or several short visits 

xenton

Thanks for all the help, I'll give that a go tomorrow and let you all know how it goes 🤞

xenton

I received a response from CE today. I have uploaded a copy below. I'm not sure I should have to prove my vehicle wasn't there, but as always I shall await the wisdom of those more knowledgeable. Thanks for all the help so far.

Coupon-mad

Email them back and say the burden of proof doesn't rest with the motorist. The burden is theirs to comply with the DPA 2018 and the Joint Code, by carrying out human checks to locate the ANPR orphan images.

Give them a clue as to the likely times of leaving & returning and tell them to find those missing images.

xenton

Coupon-mad said:

Email them back and say the burden of proof doesn't rest with the motorist. The burden is theirs to comply with the DPA 2018 and the Joint Code, by carrying out human checks to locate the ANPR orphan images.

Give them a clue as to the likely times of leaving & returning and tell them to find those missing images.

The response has come from an email that doesn't accept replies. Should a draft my response as a letter and upload that where they are asking me to upload evidence proving my vehicle wasn't in the car park?

Coupon-mad

Yes do that.

Then also email a data misuse complaint to their DPO (see their data 'privacy' page).