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SchoolRunMum
Posted on: Yesterday, 22:54


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Oh dear, if you'd posted later in April, you'd have been told this, as you have now seen:

https://forums.moneysavingexpert.com/showth...d.php?t=5835351

QUOTE
With the recent news that UK Parking Control Ltd have been banned from accessing the DVLA database, have I tripped myself up here by using the tried and tested of responding as the keeper but not naming the driver?


No, you are fine because UKPC are stuffed and cannot issue a compliant NTK because they cannot get DVLA data.

Have you got two POPLA codes? You should have.

MSE's template POPLA appeal points include the first one you need which is that no NTK has been served (and you can add, and even if UKPC mock one up, it will be incapable of holding a keeper liable because the POFA says the data MUST come from the Secretary of State, and ONLY from that source (the DVLA). Not from a keeper, only from the DVLA, for the requirements for keeper liability to be fulfilled.


Whoever lives there (family member?) should be heavily lobbying their Managing Agent to 'dob UKPC in' as being under investigation and banned by the DVLA:

https://www.independent.co.uk/news/uk/home-...a-a8325941.html

...the residents should get together and seize the opportunity NOW, to try to get the MA to kick UKPC out for not fulfilling the contrcat (they can't even get the data of a trespasser - utterly USELESS being there!) and not replace them at all because these ex-clamper firms are a nuisance, a pariah on residents & visitors:

  Forum: Private Parking Tickets & Clamping · Post Preview: #1383951 · Replies: 21 · Views: 546

SchoolRunMum
Posted on: Yesterday, 22:45


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Here's a recent defence where VCS and Excel signs muddy the waters about any contract offered;

https://forums.moneysavingexpert.com/showth...73#post74312173

Just don't go calling it a 'DEFENCE SKELETON ARGUMENT' as you can see from the comments underneath, that MUST just say 'DEFENCE' and it needs a Statement of truth and signature/date of course, like your first draft did.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383949 · Replies: 35 · Views: 924

SchoolRunMum
Posted on: Yesterday, 22:39


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QUOTE
I was thinking that as the minimum it could have arrived on my doorstep was 24 days, is it worth winging it with a BOGOFF or asking for copies of all paperwork again?
wait till 25th May when GDPR takes effect, and send a SAR (Google it) for all data, letters, photos, everything they hold on you and this car.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383947 · Replies: 18 · Views: 309

SchoolRunMum
Posted on: Yesterday, 22:38


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QUOTE
its about paying in a private car park residential

Can't be. There are NO 'pay and display' residential car parks. What does the Notice to Keeper (PCN) say the contravention was?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383946 · Replies: 12 · Views: 209

SchoolRunMum
Posted on: Yesterday, 22:28


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And you can't read the supposed 'contractual terms' as they are hidden in illegible small print. Can't even make out a £sum at all, so the driver cannot possibly have agreed to it. And the driver can't park 'in a bay' at patient drop off anyway, as there appear to be no bays.

But that's all for a future defence, not for now. Template appeal on day 26, online, not ticking any box that implies who was driving.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383943 · Replies: 5 · Views: 59

SchoolRunMum
Posted on: Yesterday, 22:23


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Yes they really do look photo shopped.

When you zoom in on the words on the red background, specifically looking at the penultimate load of guff in the bottom right image, do the words look like they are 'diagonal' to you? they do to me...

There are no cable ties attaching those very rectangular signs to the posts.

Can you read if VCS offered the parking, or Excel? Often they get in a mess between the two companies on their signs.

How about sending VCS a SAR asking for all data held about your VRN, photos, letters, the lot.

After 25th May, GDPR makes a SAR free. Do it immediately at the end of this week, direct to VCS, not via BW Legal, and as a postal letter (get free proof of posting at the PO Counter - NEVER signed-for) stating your name, address and VRN.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383942 · Replies: 69 · Views: 4,041

SchoolRunMum
Posted on: Yesterday, 22:05


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Yes it is advisable to log in and view the photos and take screenshots in case they take it down later. No issue with being watched.

Send a keeper (NOT DRIVER) appeal on day 26, as per the NEWBIES thread on MSE:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

Please don't copy the MSE appeal template appeal here and ask 'is it this one?' or 'I don't think it applies because there are signs up'!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383935 · Replies: 5 · Views: 59

SchoolRunMum
Posted on: Yesterday, 22:02


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No need to delay it.

I would be more forceful, even if you only use part of this, here's my version if it helps to beef your reply up:

https://forums.moneysavingexpert.com/showth...08#post74062408

You do not have 'an account' with these vultures.

HTH
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383934 · Replies: 29 · Views: 1,346

SchoolRunMum
Posted on: Yesterday, 21:59


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QUOTE
They told me to proceed to IAS and appeal with them for a "binding decision".

They would suggest that, wouldn't they?! And we all know which way the 'binding decision' would go.

You will get a fairer hearing and a MUCH higher chance of success defending in a small claim hearing.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383932 · Replies: 4 · Views: 142

SchoolRunMum
Posted on: Yesterday, 21:55


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Easy when you know how!

Do send a SAR* to CEL after 25th May, for all data held and all letters sent ad say you want to know when your data will be deleted.




*Google it and search this forum for examples
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383930 · Replies: 11 · Views: 285

SchoolRunMum
Posted on: Yesterday, 18:02


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QUOTE
whether to go through the Independent Appeals Service
Yes when it's PCM, highlighting the changed sign position.

Normally we say do not try IAS but when it's PCM, if you've read any recent threads, the advice is to do IAS.

And ignore it if you lose, and then fight it in court. Loads of PCM threads tell you this already.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383848 · Replies: 2 · Views: 121

SchoolRunMum
Posted on: Sun, 20 May 2018 - 23:46


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Not a template, no.

But you can search the for for another defence someone has already written.

So if this is about nor displaying a permit at your own place of residence, search for 'defence permit Jopson'

If it is about not displaying a Pay & Display ticket (PDT), search the forum for 'defence PDT machine'

Copy one and adapt it and tell us where this was and what the PCN was issued for?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383609 · Replies: 12 · Views: 209

SchoolRunMum
Posted on: Sun, 20 May 2018 - 23:44


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The company that runs Crown Wharf are often happy to cancel a PCN for you when you complain to them first, as a genuine patron.

DO THAT FIRST.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383607 · Replies: 2 · Views: 125

SchoolRunMum
Posted on: Sun, 20 May 2018 - 23:35


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You do not address a company ''hi there''!


QUOTE
Dear Sirs,

This email is a follow up to your recent letter I received.

Thankyou for providing me with evidence that the signage has 'Excel Parking Services Ltd' company logo on it, and under the t&cs on the right of the sign, it requires 'Excel P&D ticket only' and goes on to mention Excel again lower down. The sign is badly drafted - at best, ambiguous - insofar as identifying the entity offering a licence to park, and such, the signs do not support a contract or a claim by VCS.

Further, the actual signage at the entrance to the car park says that whoever parks there enters into a contract with Excel and not VCS. I have photographic evidence to prove this.

I conclude that VCS offered no contract to the driver, and had no 'reasonable cause' to access the DVLA database.

In addition, it appears to me that the ANPR system is gathering data which is wrongly passed between Excel and VCS, and that this data processing and sharing and the 24/7 monitoring of this car park is excessive, disproportionate and I believe it is unsupported by regular assessments as required by the Information Commissioner's Office (ICO) for ANPR system users. Thus, VCS is operating in breach of the ICO Surveillance Camera Code of Practice.

VCS have also failed to tell me anything about my right to subject access or who to write to for a SAR. Once again, this omission breaches the ICO Surveillance Camera Code of Practice, as well as that of the IPC Code of Practice, which says:

''Of significant importance within the Code is the requirement to obtain, process and dispose of Keeper Data lawfully and responsibly.''

And with specific relation to ANPR ticketing, the IPC Code says:

''3.4 If you use ANPR technology you must ensure the Keeper Data you obtain and process is used, stored and disposed of appropriately in accordance with ICO requirements.
3.5 Operators should have regard to the Surveillance Camera Code of Practice when using surveillance cameras.''



Before I lodge a formal complaint with the Information Commissioner and DVLA, regarding VCS' various breaches, I give you 14 days from receipt of this communication, to explain your position including supplying me with copies of all ANPR usage assessments made before or since enforcement started at this location.

In the absence of a timely response from yourselves I will conclude that your continued processing of my data is unlawful and I will proceed to make formal complaints to the DVLA and ICO without further notice to you.

yours faithfully
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383606 · Replies: 33 · Views: 991

SchoolRunMum
Posted on: Tue, 15 May 2018 - 23:51


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Your threads need merging, otherwise there is no background context:

http://forums.pepipoo.com/index.php?showto...20&start=20

Please no new threads, stick to the first one and reply each time.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382469 · Replies: 2 · Views: 111

SchoolRunMum
Posted on: Mon, 14 May 2018 - 23:03


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If there was a windscreen PCN, then the parking firm can get the registered keeper's data from day 29, and will send a Notice to Keeper.

Same as on all the other threads.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382191 · Replies: 44 · Views: 1,802

SchoolRunMum
Posted on: Mon, 14 May 2018 - 23:01


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The NTK says there was one, so wait till 25th May when SARs are free and write and ask for all data held on your VRN, including copies of any PCNs and letters as well as the DVLA request(s) made for data.

That'll flush it out.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382190 · Replies: 11 · Views: 238

SchoolRunMum
Posted on: Mon, 14 May 2018 - 22:13


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But the NTK says a PCN was issued, so the NTK is not out of time, but quotes the wrong para from Schedule 4.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382184 · Replies: 11 · Views: 238

SchoolRunMum
Posted on: Mon, 14 May 2018 - 22:11


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It's only APCOA! That will NOT happen.

We have never lost a POPLA appeal v APCOA. Ever. But the reason we win them is because the KEEPER appeals, who can't be held liable.

APCOA do not do court.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1382183 · Replies: 8 · Views: 177

SchoolRunMum
Posted on: Mon, 14 May 2018 - 20:46


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Better than expected but:

- they've quoted the wrong paragraph from Schedule 4, it's not para 9 for a windscreen PCN.

- no 'period of parking' time at all, not even a time of the PCN being served

...they are not in any ATA so they are getting data as the landowner. Also means there is no ADR on offer but I think they have to!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382159 · Replies: 11 · Views: 238

SchoolRunMum
Posted on: Mon, 14 May 2018 - 20:40


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QUOTE
They have received visits from someone demanding payment
Are you sure?

That never happens, except in this unlawful case in Leeds recently that's being investigated:

https://forums.moneysavingexpert.com/showth...d.php?t=5837122

Respond to the letter mentioning Saeed v Plustrade and copy in the Managing Agent; they cannot derogate from grant.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382157 · Replies: 8 · Views: 323

SchoolRunMum
Posted on: Mon, 14 May 2018 - 20:15


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Same as all PE cases, complain to the landowner/retail management and it's likely they can get it cancelled in minutes by phone/email.

Then if that doesn't work as Plan A, then go to Plan B: appeal then try POPLA.

There is no ''pay them'' option here.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382151 · Replies: 6 · Views: 241

SchoolRunMum
Posted on: Mon, 14 May 2018 - 20:03


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Yes but...it's a scam and good people don't pay, fund and sponsor scams.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382145 · Replies: 40 · Views: 1,088

SchoolRunMum
Posted on: Mon, 14 May 2018 - 20:02


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DEFENSE should read DEFENCE

QUOTE
I wonder if it's possible somehow to look at the defenses of people who won vs vcs/excel with parking prankster? There is one successful case, where someone won on the basis of authority
Not unless they paid for a transcript, which that person didn't.

Nothing to stop you using a PP Blog though, alongside transcripts such as those you find when you Google Parking Prankster case law.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382144 · Replies: 35 · Views: 924

SchoolRunMum
Posted on: Mon, 14 May 2018 - 19:55


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Well done! You put them between a rock and a hard place. I like doing that to bully boy firms and nasty people. Most satisfying.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1382140 · Replies: 15 · Views: 619

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