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POPLA Appeal ParkingEye St. Martin's Precinct

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13

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  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    In terms of signage at night, you may get want to add reference to this POPLA decision, reported today.

    http://forums.moneysavingexpert.com/showthread.php?p=74160631#post74160631
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • SalomonAssassin
    SalomonAssassin Posts: 15 Forumite
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    Coupon-mad wrote: »
    The ICO point looks good, well done for being the guinea pig to this new idea; I hope it has legs!

    I would just add where you put near the end that there is nothing on the sign about your right to a Subject Access Request (SAR), that there is also nothing on any paperwork, PCN, rejection letter, no privacy statement about data, despite there being a Data Protection heading on the back of the PCN, this is the operator paying mere 'lip service' to the right to a complaint, which is not the same thing at all. Nothing tells you anything about your right to subject access and this is a mandatory point in the ICO CoP, which in turn is mandatory within the BPA CoP and a serious omission by any data processor using ANPR, such that it makes the use of this registered keeper's data unlawful.

    I would remove #3 as there is no point in that argument of the PCN is a POFA one.

    Remove #5 and #6 which detract from the rest of the appeal and have no legs at POPLA.

    And I would not have that yellow sign AT ALL in your appeal, unless you crop it to only show the (bottom of the notice) small print, and nothing above it. You are shooting yourself in the foot showing a sign talking about 3 hours 'max stay'.

    So on the back of the PCN it says the following:
    "If you believe that your details have been obtained fraudulently or misused, please contact us straight away. You may also choose to write to the Release of Information, Fee Paying Enquiries Section, DVLA, Swansea SA99 1AJ. You should include details of how the information has been misused and the vehicle registration mark. The DVLA will investigate all allegations where information has been requested unlawfully and where appropriate, refer to he Information Commissioner for prosecution. If you are not satisfied with the way the DVLA has handled your complaint, you should contact the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, SK9 5AF."

    It feels like the above is compliant with the ICO's CoP which is why I didn't mention anything about the PCN in the section I wrote....do you agree?

    Will happily remove #3, #5, #6 if they detract from the overall appeal. Also I will remove the sign if it hurts the overall appeal rather than reinforce anything.
  • SalomonAssassin
    SalomonAssassin Posts: 15 Forumite
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    Umkomaas wrote: »
    In terms of signage at night, you may get want to add reference to this POPLA decision, reported today.

    Thanks for this. Sorry for what seems like a simple question but how would I best reference this without a POPLA appeal number?
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    SalomonAssassin wrote: »
    Thanks for this. Sorry for what seems like a simple question but how would I best reference this without a POPLA appeal number?

    You could select the relevant text from the decision and quote it in your appeal, cross referenced to the assessor's name (which is included in the link I gave).

    Or you could PM stevem365 (the OP) and ask if he'll share the reference number, or simply add another post to his thread asking for the same.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • SalomonAssassin
    SalomonAssassin Posts: 15 Forumite
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    https:[slash][slash]drive.google.com/open?id=1O-gHyH9BMd9WmA4_iM5kEX-bUW9wdamf

    So I've taken out #3, #5 and #6.

    #1 is unchanged apart from the removal of the sign.

    #2 has been re-worded a bit after removing the sign and I changed the order to talk about the signs on the ANPR camera poles first and then the wall sign afterwards as I feel it flows better that way. I also added in a reference to stevem365's successful appeal. I've PMed him too so I will include the appeal number if he responds.

    The now #3 is unchanged

    The now #4 is unchanged given my concerns about the PCN I talked about a few posts ago

    Looking to send the appeal off today unless there are any glaring mistakes or omissions?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Gah, slash as a replacement is far more annoying than just changing http to hxxp

    https://drive.google.com/open?id=1O-gHyH9BMd9WmA4_iM5kEX-bUW9wdamf

    Why today? What's the deadline?
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    SalomonAssassin wrote: »
    So on the back of the PCN it says the following:
    "If you believe that your details have been obtained fraudulently or misused, please contact us straight away. You may also choose to write to the Release of Information, Fee Paying Enquiries Section, DVLA, Swansea SA99 1AJ. You should include details of how the information has been misused and the vehicle registration mark. The DVLA will investigate all allegations where information has been requested unlawfully and where appropriate, refer to he Information Commissioner for prosecution. If you are not satisfied with the way the DVLA has handled your complaint, you should contact the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, SK9 5AF."

    It feels like the above is compliant with the ICO's CoP which is why I didn't mention anything about the PCN in the section I wrote....do you agree?
    No.

    It's only compliant with the requirement to tell motorists how to COMPLAIN to the ICO about their data being used. Which is not something my wording says they've failed on.

    My wording says they've failed to tell motorists about their right to a SAR, from the data controller (the PPC).

    I had already checked several NTKs (including a PE one) before I came up with the new argument. I saw NONE that comply, none that tell people about their right to a SAR.

    Complaints to the ICO are covered on many PCNs and signs by PPCs, as standard, but that's not the same thing as is being argued.


    Will happily remove #3, #5, #6 if they detract from the overall appeal. Also I will remove the sign if it hurts the overall appeal rather than reinforce anything.
    Remove them.
    Looking to send the appeal off today
    Why? Did you get the code 30 days ago then? POPLA codes last a month. And no 'sending' a letter to POPLA by mail.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • SalomonAssassin
    SalomonAssassin Posts: 15 Forumite
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    nosferatu1001 wrote: »
    Gah, slash as a replacement is far more annoying than just changing http to hxxp

    Noted for next time!
    Coupon-mad wrote: »
    No.

    It's only compliant with the requirement to tell motorists how to COMPLAIN to the ICO about their data being used. Which is not something my wording says they've failed on.

    My wording says they've failed to tell motorists about their right to a SAR, from the data controller (the PPC).

    I had already checked several NTKs (including a PE one) before I came up with the new argument. I saw NONE that comply, none that tell people about their right to a SAR.

    Complaints to the ICO are covered on many PCNs and signs by PPCs, as standard, but that's not the same thing as is being argued.



    Remove them.

    Why? Did you get the code 30 days ago then? POPLA codes last a month. And no 'sending' a letter to POPLA by mail.

    Right OK - with ya. Will update that point and expand on the points you made before.

    Today (Monday 16th) is the 32nd day from receiving the POPLA code (16th March) so as far as I'm led to believe today is the last day my POPLA code will be active for. I didn't send it off yesterday but will definitely have to today. And when I say send off I do mean by attaching a PDF using their online appeals system not by mail :)
  • SalomonAssassin
    SalomonAssassin Posts: 15 Forumite
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    https://drive.google.com/open?id=1ub4B0A_PgnitpSpteM2fpx2yzNlQeCUJ

    Only change since the last upload is expanding on the SAR point to incorporate Coupon-Mad's comments.

    Any other comments or thoughts?
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    I would just remove the BPA CoP 36a (bottom of page 11) and the two quotes (top of page 12) because PE did both those things and that's not what you are arguing here.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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