Fine for entering wrong vehicle reg

familyguy321 · 5 April 2019 at 11:00AM

Hi all,

As the registered keeper (RK), a family member has received a parking charge notice from a PPC for allegedly 'no payment/ticket'. The driver is adamant that payment was made and that the vehicle registration number may have been entered incorrectly. The RK is determined to fight the charge. Unfortunately, the RK is not able to produce the parking ticket as evidence.

I intend to visit the car park this weekend to take pictures of signs. Could someone advise:

1. What should I look for specifically with the signs?

2. Would it be worth asking the PPC to provide a record of all number plates that were entered in the time period the vehicle was in the car park?

3. Anything else that can help appeal the charge?

Any help would be much appreciated.

Regards,
FG

Umkomaas · 5 April 2019 at 12:30PM

Which PPC please?

1. The photos should be taken in similar light conditions to those that prevailed at the time of parking, particularly so if during the hours of darkness, if so take them without flash. The wording on signs is the purported contract between the driver and PPC.

You need to take a photo of the car park entrance, where a warning sign should be situated. You also need photos of the PDT machine and any instructions shown on it.

2. You can try, but unlikely to get satisfaction. If it comes to a court case, try then.

3. The NEWBIES FAQ sticky, post #1 tells you exactly how to appeal this, including a ready written template for your use (unaltered).

familyguy321 · 5 April 2019 at 12:35PM

Hi Umkomaas,

Thanks for the response and useful advice. The PPC is One Parking Solution Ltd.

I will post again once I have the photos.

FG

Coupon-mad · 5 April 2019 at 1:54PM

If this is in Sussex, which site? I know a few OPS sites here.

Would it be worth asking the PPC to provide a record of all number plates that were entered in the time period the vehicle was in the car park?

Yep - that's a SAR. The RK needs to email OPS using the contact details given in their PRIVACY PAGE (Google it and their name). Head it up Subject Access request and SPECIFICALLY ask for a redacted copy of the machine list from that day, showing the VRN matching the payment at around xx time, or a near-miss VRN and to explain how 'near miss' it was.

Do the SAR now, today, by email as explained above to the Data Protection Officer.

Separately, wait till day 26 even though this was a postal PCN, and THEN appeal as per the back of the PCN, using our template.

The point of delaying the appeal is to get the SAR back before POPLA is needed.

familyguy321 · 5 April 2019 at 2:31PM

Hi Coupon-mad,

Thanks for the info and advice.

If this is in Sussex, which site? I know a few OPS sites here.

No, it is in Leicester

Do the SAR now, today, by email as explained above to the Data Protection Officer.

I have started drafting an email using a template in another thread but struggling to word it correctly. Could you please take a look and make any amendments if required?

Email subject: Subject Access Request

For the attention of the Privacy Officer,

I am writing to you in your capacity as data protection officer for your company - One Parking Solutions Ltd. I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper has visited a car parking site managed by your company. It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation.

The vehicle in question is a Vehicle Model with VRM: xxxx xxx.

I have attached the V5 document to prove I am the registered keeper. Should you require further documentation necessary to verify my identity please contact me.

I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

Please advise as to the following:
1. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.

a. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.

b. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.

c. Please provide me with a copy of, or access to, my personal data that you have or are processing.

2. Please provide me with any images you hold of my vehicle entering and leaving <address of car park> on xx March 2019.

3. Please provide me with a redacted copy of any records from the PDT machines within <address of car park> on xx March 2019 that match the first 4 characters of my VRN xxxx

4. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
5. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
6. If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.

Yours Sincerely,

<RK Name>

Coupon-mad · 5 April 2019 at 2:34PM

Privacy Officer,

Nope:

For the attention of the Data Protection Officer.

Get rid of a b and c that will just delay it.

shaun_from_Africa · 5 April 2019 at 2:37PM

familyguy321 wrote: »

2. Would it be worth asking the PPC to provide a record of all number plates that were entered in the time period the vehicle was in the car park?

The PPC would be breaking the law if they were to give you such a list as car number plates are classed as personal data under the Data protection act & General data protection regulations.

familyguy321 · 5 April 2019 at 2:44PM

Understood. How would you suggest proving that payment was made but under misspelt registration?

familyguy321 · 5 April 2019 at 2:45PM

Get rid of a b and c that will just delay it.

Thanks

One last question regarding this:

Separately, wait till day 26 even though this was a postal PCN, and THEN appeal as per the back of the PCN, using our template.
The point of delaying the appeal is to get the SAR back before POPLA is needed.

RK received NtK on 27 March and appeal must be made withing 28 days according to back of PCN. Since OPS have a month to respond, it's likely the SAR may not be received by day 26. Could the appeal be made before SAR comes back?

Coupon-mad · 5 April 2019 at 2:54PM

I said:

The point of delaying the appeal is to get the SAR back before POPLA is needed.

The person who replied to you about data protection is not a regular poster on this parking sub-board and the parking firm can CERTAINLY send you a suitable redacted VRN list (I think he missed the word 'redacted' in my instructions and your draft letter).

familyguy321 · 5 April 2019 at 3:08PM

Coupon-mad wrote: »

I said:

The point of delaying the appeal is to get the SAR back before POPLA is needed.

Apologies, I misread.

The person who replied to you about data protection is not a regular poster on this parking sub-board and the parking firm can CERTAINLY send you a suitable redacted VRN list (I think he missed the word 'redacted' in my instructions and your draft letter).

Point noted.

So the next steps are:

1. Today: Send SAR request via email to OPS data protection officer today
2. Tomorrow: Visit car park and take photos of warnings signs and instructions of PDT machine
3. Day 26: submit appeal via email to OPS
4. x number of days after appeal: Receive rejection from OPS and submit appeal to POPLA using data from SAR (which should have arrived by now)

Am I missing anything out?

FG

Fine for entering wrong vehicle reg

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free