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UKPC notification letter, Overstay at McDonald's - actually left and returned but can't
itsasim
post Mon, 29 Oct 2018 - 19:28
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Hi all,

Hoping you can assist with an issue that's arisen today.

The registered keeper has received noticed of an overstay at a McDonald's car park, with a recorded stay duration exceeding the permitted time by an hour. The keeper was not in the vehicle but is aware that during the period in question, the vehicle left the car park and was driven to a nearby petrol station before returning. Unfortunately, no receipts are available to confirm this and the petrol station are unable to provide a duplicate. Additionally, the bank whose debit card was used for both the petrol and the food are unable to give the exact time of each transaction.

A letter dated 26th September was issued detailing the charge, which relates to parking on 21st September. The keeper did not receive this prior to leaving the country for the first 2 weeks of October and the unopened letter was misplaced upon their return, so they have only become aware of it upon searching the house after receiving a Notification Letter today, dated 26th October. As a consequence, no contact has been made with UKPC to this point.

The petrol station is ran by Asda, who advise that Parking Eye look after their sites but that they don't know whether the petrol station is covered or, assuming it is covered, whether it would be possible to obtain a timestamped picture of the vehicle entering.

In the current absence of any proof that the charge was incorrectly levied, would anyone be able to advise on the best course of action? I'm assuming that any appeal should be quite specific about why the charge is considered invalid, but given the above, am having some difficulty seeing exactly how the registered keeper can achieve that.

With thanks for any and all advice you can offer.
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post Mon, 29 Oct 2018 - 19:28
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SchoolRunMum
post Mon, 29 Oct 2018 - 20:52
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QUOTE
Unfortunately, no receipts are available to confirm this and the petrol station are unable to provide a duplicate.


They MUST, if the person paid by car and sends the Garage a Subject Access Request asking for all data held from the visit on xx/xx/xx date, including the time and receipt.

QUOTE
I'm assuming that any appeal should be quite specific about why the charge is considered invalid, but given the above, am having some difficulty seeing exactly how the registered keeper can achieve that.
Yes. But word it as a Subject Access Request and submit it to whatever the contact email is, on UKPC's Privacy page.

Ask by email for the Data Protection Officer to interrogate the ANPR images from the entire period between the 'first in, last out' images and find the other exit/entry where the driver left to go and get petrol, then later returned. Demand that the DPO then rectifies (use that word) the data to show that in fact this was two visits, not one single parking event, and to cancel the PCN as there was no contravention. And say if they refuse they must explain why and issue a POPLA code.

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Umkomaas
post Tue, 30 Oct 2018 - 09:47
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If the driver had a smartphone with Google Maps and 'location' enabled, there's a good chance that the movement McD - Asda - McD will be tracked and can be printed out.
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Slapdash
post Tue, 30 Oct 2018 - 10:24
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Even with location off there is still some tracking going on and it may be retrievable. A write up that may help.

https://www.wired.com/story/google-location...cking-turn-off/
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SchoolRunMum
post Tue, 30 Oct 2018 - 22:07
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Or a Dashcam or telematics in the car? Anything that tracks location?
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itsasim
post Tue, 30 Oct 2018 - 22:30
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No to all, I'm afraid. No dashcam, no telematics, nothing the driver could usefully retrieve from Google and while their iPhone shows them being somewhere on the date in question, both Asda and McDonald's are within the circle plotted on Apple's data, so nothing you could use to track movement.

The keeper has sent an email to UKPC's DPO as suggested, which will hopefully bear some fruit - thanks again for all of the advice and suggestions to this point, all of them greatly appreciated.
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SchoolRunMum
post Tue, 30 Oct 2018 - 22:32
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I firstly suggested a SAR to the petrol garage to force the receipt, IF payment was by card.
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itsasim
post Wed, 7 Nov 2018 - 17:28
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QUOTE (SchoolRunMum @ Tue, 30 Oct 2018 - 22:32) *
I firstly suggested a SAR to the petrol garage to force the receipt, IF payment was by card.


Ah, apologies. That part of your post read to me as information rather than suggestion. A failure of comprehension on my part, but fortunately not one of any consequence on this occasion - the charge has today been cancelled in response to the keeper's SAR.

With sincere thanks again for the advice and input kindly provided, all of which has been greatly appreciated.
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Redivi
post Thu, 8 Nov 2018 - 08:38
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The SAR to UKPC or the one to the garage ?
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ManxRed
post Thu, 8 Nov 2018 - 09:54
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I read that as, following the SAR to the PPC, they've cancelled the ticket. But I could be wrong.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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