PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Topher PCN appeal rejection
bigdog77
post Tue, 10 Jul 2018 - 20:19
Post #1


New Member


Group: Members
Posts: 3
Joined: 10 Jul 2018
From: Gloucestershire
Member No.: 98,820



Having followed several posts here and elsewhere we responded to a PCN from Topher Limited for an overstay at Homebase in Bath, despite the store being shut.
We noted the PCN was issued outside the 14 day period, it was addressed to me as the registered keeper as is the appeal rejection despite my partner writing back to the PCN as the driver.

We offered consideration for the loss we believe they may have suffered - which is based on other local parking costs,
further it was unclear according to my partner that any parking restrictions applied.

We have received the attached response

[i]We are in receipt of your communication, the contents of which are noted.

We have been instructed by our Client, in relation to an outstanding PCN the current balance of which is noted above (£100). Details of the PCN have been provided previously.

We have reviewed your offer of £10 in full and final settlement of this matter. After careful consideration of this offer,
we regret to advise you that we are unable to accept the same. In line with this , please accept this letter as confirmation that your offer has been declined.

To this end, please find enclosed your returned cheque

Our Client instructions remains the same insomuch as payment of the full balance is now required. In the abscence of such payment within fouteen (14) days,
please be advised that your account may be passed to our appointed debt recovery agency for recovery action without further notice on our part."
[/i]


As stated above the rejection to our appeal has ben addressed to me as the keeper and not the driver
further the amount of charge on the signage is £85 / reduced to £50 not a £100

I am minded to send the attached but think i need some fed back please

Data Protection Act 1998 - Section 10 Data Subject Notice
PCN 504362 - Alleged overstay at Pines Way, Bath Avon Homebase car parking area on the 25th May 2018

Dear Sirs,

A letter was previously written to you in response to the issued PCN charge Notice, in which it was highlighted that you had failed to comply with
Point 9 Sub Para (5) as per the Protection of Freedoms Act 2012 (PoFA) which states that the notice period for issue of said notice is 14 days deadline
with which you failed to comply and by failing to get the NTK within the specified deadline of 14 days you have failed to follow the Protection of Freedom Act (PoFA) and the Data Protection Act(DPA) rules.

Further as stated in the response I was not the driver and therefore cannot be held liable for the said parking charge notice.

A donation was also gave which was considered compensation for the loss suffered, together with a statement that this was our final offer and that
no further correspondence would be entered into. It is also noted that the charge does not reflect the signage (having returned to review and photograph the signage at the
location in which the driver parked the car)

Further you have rejected the offer made and are continuing to chase the keeper of the vehicle and not the driver as stated.

It is also noted that whilst you have rejected the offer you have also failed to address your correspondence to the driver as previously advised, also it should be noted that
having just lost a father and a mother to dementia the driver is of a very nervous nature and is suffering from high levels of depression.

Your rejection notice also fails to provide us with a course for appeal so require the 10 digit verification code so we may approach POPLA.

Further in the response it was stated that we consider the charge levied as being punitive and not at reasonable level to recompense for the parking overstay which extended into a
period when the store was closed and the car park being virtually empty.
This matter has also been raised with Homebase with whom we do a significant amount of shopping as it is felt that this course of action may not be in their best interest.

It was also highlighted that the area in which the car was parked were not clearly marked with parking notices which categorically confirmed that the parking restrictions applied to hours
when the store was closed and assumed to be non restricted.
It is also noted that in your response that you are threatening that the debt maybe passed to the appointed debt recovery agency, which again I suggest if you pass on my details you will be in
breach of the data protection and an infringement of my legal writes and will be seen as harassment.
I therefore request that you cease correspondence with me, failure to do so will be seen as being a total disregard of my rights and the relevant acts,
I therefore demand that you immediately cease and desist from processing my data any further, excepting as required by the DPA that you confirm within 21 days that you will comply with the demand above or explain to me why you are continuing to harass me.
I look forward to your reply as per the Statutory Terms.

Thank you.

Yours sincerely,


Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 10)
Advertisement
post Tue, 10 Jul 2018 - 20:19
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Redivi
post Tue, 10 Jul 2018 - 20:41
Post #2


Member


Group: Members
Posts: 1,318
Joined: 31 Jan 2018
Member No.: 96,238



Topher is a member of the International Parking Community not the British Parking Association
POPLA is not available

DPA, now the GDPR, is a non-starter
The ICO holds that a parking company is entitled to continue processing information to demand payment even if it has no right under POFA

I would keep it simple

Dear Sir

Ref ****

I have received your letter dated ****

You are fully aware that I was not the driver and that you have no right to recover payment from me as the registered keeper
The matter is therefore closed

I will note the content of any further correspondence but will not reply

Yours Faithfully


Then file and ignore everything short of an actual Letter Before Claim
Go to the top of the page
 
+Quote Post
Jlc
post Tue, 10 Jul 2018 - 20:48
Post #3


Member


Group: Members
Posts: 28,312
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (bigdog77 @ Tue, 10 Jul 2018 - 21:19) *
...despite my partner writing back to the PCN as the driver.

Please explain this - has the driver been revealed?

The good news is that they've never issued a court claim...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
ostell
post Tue, 10 Jul 2018 - 20:57
Post #4


Member


Group: Members
Posts: 7,426
Joined: 8 Mar 2013
Member No.: 60,457



So just go with the fact that they failed to deliver the Notice to keeper within 14 days and therefore no chance of keeper liability. Forget about identifying the driver. That way nobody gets to pay. Simple BOGOFF (search it) response
Go to the top of the page
 
+Quote Post
bigdog77
post Tue, 10 Jul 2018 - 21:08
Post #5


New Member


Group: Members
Posts: 3
Joined: 10 Jul 2018
From: Gloucestershire
Member No.: 98,820



QUOTE (Jlc @ Tue, 10 Jul 2018 - 21:48) *
QUOTE (bigdog77 @ Tue, 10 Jul 2018 - 21:19) *
...despite my partner writing back to the PCN as the driver.

Please explain this - has the driver been revealed?

The good news is that they've never issued a court claim...



Hi

Yes my partner did give her details and address but still they addressed the response to me
Go to the top of the page
 
+Quote Post
Jlc
post Tue, 10 Jul 2018 - 21:12
Post #6


Member


Group: Members
Posts: 28,312
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (bigdog77 @ Tue, 10 Jul 2018 - 22:08) *
QUOTE (Jlc @ Tue, 10 Jul 2018 - 21:48) *
QUOTE (bigdog77 @ Tue, 10 Jul 2018 - 21:19) *
...despite my partner writing back to the PCN as the driver.

Please explain this - has the driver been revealed?

The good news is that they've never issued a court claim...



Hi

Yes my partner did give her details and address but still they addressed the response to me

So the argument about keeper liability falls flat as if they realise they have the driver's details...

Being outside 14 days doesn't invalidate the charge.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
Arkle108
post Wed, 11 Jul 2018 - 05:42
Post #7


Member


Group: Members
Posts: 33
Joined: 28 Oct 2017
Member No.: 94,801



I’ve just succeeded on having a case dismissed. There were two claims, one of which where the notification was received after 14 days. Despite all other defence this was all that was needed to mean there was no claim to answer. Even though the claimant advised that the delay was due to slow DVLA response. The Judge said this was a matter for the claimant and DVLA and irrelevant.
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 11 Jul 2018 - 05:52
Post #8


Member


Group: Members
Posts: 28,312
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



Being over 14 days is irrelevant if the driver is known... there's no automatic invalidation.

If they didn’t know the driver then failing to comply with PoFA means they can only pursue the driver, not the keeper. (If only they didn't know the driver)


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
Arkle108
post Wed, 11 Jul 2018 - 07:20
Post #9


Member


Group: Members
Posts: 33
Joined: 28 Oct 2017
Member No.: 94,801



Yes in my case driver was unknown.
Go to the top of the page
 
+Quote Post
ostell
post Wed, 11 Jul 2018 - 07:39
Post #10


Member


Group: Members
Posts: 7,426
Joined: 8 Mar 2013
Member No.: 60,457



They are still chasing the keeper so the outside of 14 days is still relevant. This should be used, together with any other failures, to reject the claim being made on the keeper. If partner wishes to pay then so be it but why should anybody pay?

Rather than the long winded letter the OP suggests in the first post then a simple BOGOFF response highlighting the POFA fail and then just ignore any further correspondence. Appealing to the IAS is not recommended.

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


First class post and free Certificate of Posting from a Post Office.

Then just leave it. If they care to contact the partner then so be it.

This post has been edited by ostell: Wed, 11 Jul 2018 - 07:40
Go to the top of the page
 
+Quote Post
bigdog77
post Wed, 11 Jul 2018 - 23:05
Post #11


New Member


Group: Members
Posts: 3
Joined: 10 Jul 2018
From: Gloucestershire
Member No.: 98,820



Thanks All

I'll try the simple response and then see if then chose to harass me or my partner, in which i case i may seek further advice

many thanks

Bigdog
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Monday, 16th July 2018 - 12:39
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.