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    • tangsoodo
    • By tangsoodo 7th Nov 18, 9:41 PM
    • 5Posts
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    tangsoodo
    Premier Park PCN to wrong address
    • #1
    • 7th Nov 18, 9:41 PM
    Premier Park PCN to wrong address 7th Nov 18 at 9:41 PM
    Hi all, just a bit of background. We had a DRP letter on the 18/10/18 for a PCN back in July. This was our first contact with either DRP or Premier Park ltd. As per advise on here I have obviously ignored DRP. I did find a thread where Steve Clark of the BPA is collecting evidence with regards SMART Parking going straight to debt recovery stage so I dropped him an email in case this was a growing trend amongst other companies. BPA contacted Premier Park and they have sent copies of the original PCN 12/07/18 then the first reminder 13/08/18 then final demand on 12/09/18. All of these letters were sent to my previous address. I have contacted Motability and they have apologised that they hadn't updated the V5c for the car so this is why the first 3 letters went to the wrong address. My question is how do I proceed. Im guessing if I try and claim the DRP letter is NTK they will say the time for that has passed. Am I too late to get a POPLA code. Just so you know a ticket was purchased and then when this ran out it was paid for via mobile phone app due to having no more change.


    regards
Page 1
    • KeithP
    • By KeithP 7th Nov 18, 9:58 PM
    • 10,651 Posts
    • 11,038 Thanks
    KeithP
    • #2
    • 7th Nov 18, 9:58 PM
    • #2
    • 7th Nov 18, 9:58 PM
    How about suggesting to Motability that they pay whatever Premier Park Ltd are asking for?

    After all it is Motability that have got you in this hole.
    .
    • Coupon-mad
    • By Coupon-mad 7th Nov 18, 11:01 PM
    • 63,875 Posts
    • 76,527 Thanks
    Coupon-mad
    • #3
    • 7th Nov 18, 11:01 PM
    • #3
    • 7th Nov 18, 11:01 PM
    Send PP a SAR by email to their Data Protection Officer*, asking for all letters sent, and all payments made that relate to that car or a close-match VRN that day, asking their Data Protection Officer to interrogate the payment data for one initial cash payment of x.xx and one phone app payment top-up of approx x.xx, made at approx xxpm.

    Secondly, ask their DPO to rectify the address data to your correct address which is (new address and postcode) and to erase the old data, and note that the failure to update the DVLA records was the fault of Motability who have apologised.

    As such, ask that after providing the SAR data and erasing /rectifying the address, you request that the Data Protection Officer refers the file back to the appeals team since the incorrect address shows that you were not afforded an opportunity to appeal.

    Ask that once the DPO has addressed the two data concerns raised, this contact should be treated as an allowed late appeal, on the basis that two payments were made, and that an occupant of the car is disabled (attach blue badge and point out they know it's a Motability Vehicle, from the DVLA address that includes that fact) and if a typo was made or the keypad or app failed to register one of the payments for the full VRN, this is de minimis. So, a 'reasonable adjustment' should be made under the Equality Act 2010 and the PCN cancelled or a POPLA code provided, given that the keeper has acted in good faith and given the BPA involvement, to resolve this fairly.

    Attach a copy of the Blue Badge and the V5C if you hold the logbook. If not, then the Motability letter/vehicle agreement, as ID.



    *Most firms now have a Privacy page with contact details for SARs (subject access requests). DO NOT POST IT, IF AN EMAIL IS AVAILABLE.
    Last edited by Coupon-mad; 07-11-2018 at 11:04 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • tangsoodo
    • By tangsoodo 7th Nov 18, 11:55 PM
    • 5 Posts
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    tangsoodo
    • #4
    • 7th Nov 18, 11:55 PM
    • #4
    • 7th Nov 18, 11:55 PM
    Thanks very much for the advise. I will keep you updated on progress
    • tangsoodo
    • By tangsoodo 8th Nov 18, 2:31 PM
    • 5 Posts
    • 0 Thanks
    tangsoodo
    • #5
    • 8th Nov 18, 2:31 PM
    • #5
    • 8th Nov 18, 2:31 PM
    Dear Sir/Madam
    I have been sent a letter from Debt Recovery Plus (18/10/18) working on your behalf with regards to PCN xxxxxx (originally issued 12/07/18) This is the first correspondence that has been received on this matter at my current address which is
    xxxxxx Close
    xxxxxxxxx
    xxxxxxxxx


    I believe that original correspondences were sent to my previous address. The car is a motability car and motability have accepted and apologised for their error in not updating DVLA causing this issue. Would you please rectify the address on your database for the above and delete the old address.
    Further more under a subject access request i would like all letters and all made payments that relate to OR are a close match to the vehicle registration number on the day in question and send them to the correct address. I also request that you interrogate the payment data for an initial cash payment at the machine and a phone payment by top-up app on the day and provide these in detail.
    After providing the SAR data and erasing and rectifying the addresses, i request that you as Data Protection Officer refer the file back to the appeals team since the incorrect address shows that i was not afforded an opportunity to appeal. Once these data concerns have been addressed this contact should be treated as an allowed late appeal, on the basis that the driver has been using this car park in good faith for 12 months and on the day two payments were made. An occupant of the car is also registered disabled and therefore if a “typo” was made on the machine keypad or phone app or either method failed to register one of the payments for the VRN then this is de minimis so a reasonable adjustment should be made under the Equality Act 2010 and the PCN be cancelled or a POPLA code be provided.
    As you are aware there has already been BPA involvement in this matter so i hope we can resolve this fairly

    • tangsoodo
    • By tangsoodo 9th Nov 18, 10:30 AM
    • 5 Posts
    • 0 Thanks
    tangsoodo
    • #6
    • 9th Nov 18, 10:30 AM
    • #6
    • 9th Nov 18, 10:30 AM
    Just an update. BPA have replied to me and said Premier Park have broken no rules and there can be no way of knowing as to whether mail or emails have been sent/received by either party....case closed.


    I will send the above email to Premier today and have also contacted the land owner requesting it be cancelled.
    • tangsoodo
    • By tangsoodo 9th Nov 18, 12:39 PM
    • 5 Posts
    • 0 Thanks
    tangsoodo
    • #7
    • 9th Nov 18, 12:39 PM
    • #7
    • 9th Nov 18, 12:39 PM
    Reply from Premier. What info should I send. Obviously VRN and PCN number (which they already have). I don't hold the V5C as Motability hold it.






    (motability are going to email V5 so its just the question of do they require my driving
    licence)

    *********I have also already filled in a Disclosure Authority and Consent Form for Premier to allow the letters to be accessed by the BPA so why did they release info to them without my ID being confirmed via passport/driving licence********



    Dear Mr ,

    Subject Access Request

    We write in response to your recent Subject Access Request (SAR).

    Please be advised that, in order to protect individual’s anonymity and personal data, our systems are designed to be primarily searchable by Parking Charge Notice reference number or Vehicle Registration Mark, rather than by name or address.

    As such, it may not be possible to search for all data we hold on you without the following information:



    • Parking Charge Notice reference number
    • Vehicle Registration Mark

    To maintain confidentiality and ensure that we do not disclose any personal data, except to the individual to whom it is applicable, the law allows us to take reasonable steps to establish and confirm your identity before we can provide any information. Please provide us with proof of your identity, in the form of a scanned copy of one of the following:

    • Driving License
    • Passport
    • Council Tax or Utility Bill (not more than 3 months old) showing your name and address

    If your SAR relates to either a Parking Charge Notice or Vehicle Registration Mark we also require proof that you are entitled to details for the data in connection with the vehicle in question. This must be provided in the form of a scanned copy of one of the following:

    • The ownership details from the V5 Logbook
    • Written authorisation from the Registered Keeper named on the V5 Logbook where this is not listed as yourself


    Please be advised that we will complete your SAR within 30 days of the above information being provided. Should you be dissatisfied for any reason you are reminded that you have the right to raise a complaint with the ICO, details for which can be found in our Privacy Policy.

    Yours Sincerely

    DPO Team Assistant
    Premier Park Limited
    POX Box 624
    Exeter
    EX1 9JG
    Email
    Website:
    Last edited by tangsoodo; 09-11-2018 at 1:36 PM. Reason: info added in italics
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