IPC Appeal Dilemma

Just to update, still no success in appealing for the PPC to drop the PCN.

I am repeatedly receiving 'copy & paste' letters in response, which fail to address many of the points raised in my appeal and subsequent letters. I'm sure this won't come as a shock to anyone here.

The letter fails to acknowledge my section 10 data subject notice and makes reference to an attached document regarding my initial appeal, of which it seems they have forgotten to attach the letter.

They seem to be trying to avoid the points raised by myself regarding the DPA and their non-compliance of the IPC Code of Practice. Perhaps this suggests they are struggling to defend it?

My next step would be to inform them that I deem their response as a refusal to comply with both the Code of Contract and DPA, and that the circumstances of the case will be forwarded to the relevant governing bodies (being the ICO for DPA and DVLA for a KADOE breach).

If anyone could advise whether this is the appropriate action to be taken, I would be grateful once again of any feedback.

Thanks for your reply,

I would certainly agree with your points, although I would add that my case is regarding a disagreement over what constitutes a ‘marked bay’ to a reasonable person.

I have now informed them that I will be proceeding with alternative action. As you have pointed out, should they provide an unsatisfactory response as they have done continuously, I would be wasting my time to keep sending letters back and forth.

Umkomaas wrote: »

Have you complained to David Dunford? What was his response?

Apologies, it seems I missed your initial question regarding the complaint to David Dunford. Unfortunatly I did not contact David Dunford at the time of your advice. I could not find a strong enough source to identify his direct email and I was hopeful that the points I made in law would force the PPC to reconsider.

I will make a complaint to the DVLA, although this won't insure that it is dealt with by David Dunford. Ultimately, I don't think it is detrimental that I have not contacted the DVLA sooner as recent events have strengthened my case further.

I'll update with the DVLA's response, unless it is absolutely mandatory that I deal with David Dunford directly and can be provided with his contact information.

Edit
Apologies, I missed out some messages as I responded from a mobile device.

Coupon-mad wrote: »

Yes, do that!
But also ask for that missing letter because that pretty much stops them being able to issue a claim (probably) if you've reasonably asked for signage photos or other documents not yet supplied.

Certainly, I have highlighted that they did not attach any further documents in their latest correspondence.