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Is this notice to keeper enforceable

Dj199781
Dj199781 Posts: 49
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edited 21 October 2018 at 10:19AM in Parking tickets, fines & parking
Hi there yesterday I received a notice to keeper/parking ticket
The ticket shows a car under the office parking being worked on
one parking solution have sent me an ntk so they must have gone to DVLA for keepers details ect
My issue with the ticket is it states my registration on it however in the photos they have used in the ntk there is no registration on the car as the bumpers are removed
The only reason i think they have in their heads is it's a blue a4
Am I right in thinking that without the photographs they have used as evidence containing clear photos of the registration or vin number on the notice it is unenforceable and further to that they have illegally requested keepers details based on the fact that the evidence they hold has no registration or clear evidence it is the car they have requested details for
Sorry for the long winded writing
And look forward to your input /advice
Many thanks
Dan
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Comments

  • Fruitcake
    Fruitcake Posts: 58,155
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    edited 21 October 2018 at 10:11AM
    Follow the advice in the NEWBIES. Initial appeal via the template from the keeper you will find.
    Your comments about the images will be one of your appeal points a PoPLA, assuming they haven't "kept one back".
    You could add a one liner that the scammers haven't provided any images proving this car is actually the one for which they obtained keeper data, which is of course a DPA breach.
    This might flush out any images they have not yet provided.

    You should edit your post to remove any information that may infer the driver's identity. Also remove your comment that helpfully tells everyone about the car involved beginning with "Am I right in thinking ...". Why do their job for them?

    Only ever refer to The Driver and The Keeper.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Is it any better now
    And do you think they will throw it out at internal appeal as there is no reg in their images
    Many thanks for your help and tips about driver keeper ect
  • waamo
    waamo Posts: 10,298
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    Dj199781 wrote: »
    Is it any better now
    And do you think they will throw it out at internal appeal as there is no reg in their images
    Many thanks for your help and tips about driver keeper ect

    It depends which ppc it is as to what they do. Some cancel on seeing the forum template and some refuse to back down no matter what.

    Although Fruitcake rightly points out this is winnable at POPLA there is the assumption from that statement this is a BPA member.

    The Newbies thread at the top of this board explains the difference between the two associations and their processes.
  • beamerguy
    beamerguy Posts: 17,587
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    All as above ^^^^^

    You need to request REAL pictures of the car showing
    the REAL number plate
  • Umkomaas
    Umkomaas Posts: 41,256
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    edited 26 July 2019 at 10:24AM
    One Parking Solution is a BPA operator. Trevorwhitehousescat (it was much easier typing PappaGolf!) has some dirt on these - hopefully he'll be along shortly.

    As well as the other stuff you've got to do @OP, please email the DVLA and ask who has accessed your personal data between the date just before your previous parking ticket and the date of issue shown on the current NtK that you've just received. Ask for the precise names and company numbers of any organisation making the requests (this will help TWCat give some advice).

    You email the following (but note that you will get a postal reply - they say within a month, but they turn these around much quicker).

    SubjectAccess.Requests@dvla.gsi.gov.uk

    You have to give them your full name and full postal address
    Your vehicle's registration number
    The full postal address shown on the V5C (logbook)

    Let's see what {Edited by Forum team} has been up to here!

    https://padi.zendesk.com/hc/en-us/articles/211765025-One-Parking-Solution-Ltd
    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
  • The photos are of lets say A car but no number plates are visible in their evidence supplied and the reason for the ntk says not pre authorised ie no permit displayed which is funny because there is also no photo of the windscreen showing whether there is or isn't a permit on display
    I have emailed DVLA for the details of who requested the details
    I think once they realise I am aware they have broken the rules and have gone to dvla their tails will be between their legs
    Also i think they broke the rules by issuing an ntk as the car wasnt driving away so a notice to driver should have been adhered to the windscreen am I right ?
  • Umkomaas
    Umkomaas Posts: 41,256
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    I think once they realise I am aware they have broken the rules and have gone to dvla their tails will be between their legs
    You want them not to have gone to the DVLA for your second ticket. You're hoping they've retained your details from before and have used them for this parking charge. Then they've got a DPA issue to deal with!

    One step at a time, don't get ahead of yourself. :)
    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
  • Dj199781
    Dj199781 Posts: 49
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    100% get where your coming from
    But even if they have requested them for this ticket have they not broken the dpa by not having reasonable grounds for the request due to no registration or vin ect
    I trust you are right as I've never really has this issue only previously dealt with windscreen pcns
    Many thanks
  • Dj199781
    Dj199781 Posts: 49
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    Just looked over the two photos provided and noticed there is a photo that was not even taken by them that is time stamped wrongly so this has been falsified
  • Fruitcake
    Fruitcake Posts: 58,155
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    edited 21 October 2018 at 3:57PM
    Dj199781 wrote: »
    The photos are of lets say A car but no number plates are visible in their evidence supplied and the reason for the ntk says not pre authorised ie no permit displayed which is funny because there is also no photo of the windscreen showing whether there is or isn't a permit on display
    I have emailed DVLA for the details of who requested the details
    I think once they realise I am aware they have broken the rules and have gone to dvla their tails will be between their legs
    Also i think they broke the rules by issuing an ntk as the car wasnt driving away so a notice to driver should have been adhered to the windscreen am I right ?

    No. You need to re-read the NEWBIES to understand the different methods used for notifying a driver and/or keeper.
    Dj199781 wrote: »
    Just looked over the two photos provided and noticed there is a photo that was not even taken by them that is time stamped wrongly so this has been falsified

    Please explain. Who do you think took the extra photo and how do you know it wasn't taken by the PPC?

    You could upload them to a web hosting site such as postimg.cc or tinypic, or similar, then post the URL here but change http to hxxp. Someone here will then change it back to a live link.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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