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Luke S

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About Luke S

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  1. Hi CAG, Apologies if this has ended up in the wrong forum, but it seemed the most appropriate. It's regarding a data protection breach opposed to disputing a PCN. I received a PCN from CP Plus regarding non payment of parking at Stratford International Station and ANPR "evidence" of my vehicle etc. I knew full well I paid my parking and had a receipt in PDF form as evidence, off I went to formulate my snotty letter with my evidence to refute their speculative invoice. I normally write to the company, however I figured I'd just appeal online as I knew they couldn't defend this one. To my amazement, when I popped in my PCN ref and registration it stated the PCN had been cancelled. They clearly looked at the evidence after they decided to get my details from the DVLA. As far as I'm aware, an unintentional breach of the DPA is not a defence, so clearly there's some questions to be answered here. What's the best way of going about challenging CP Plus about their negligence and are there any authorities who I can write to to make them aware of their failures? Thanks
  2. It is indeed a very strange reply. The idea of them "removing my details" from the PCN is an odd one. Logically you'd think a PCN with the details of the registered keeper being removed would result in the PCN ceasing to exist, as at that point theoretically there's no one to pay the invoice? No POPLA number in the reply might point towards them knocking it on the head aswell? Strange situation to say the least! Is it best practice to sit and see if this unfolds any further, or send them a letter asking them to clarify what they actually mean?
  3. I had a reply from our friends at Premier Park today and assuming I've read it correctly, I think you're going to like this one: "We write to acknowledge receipt of your recent letter regarding the issuing of PCN ........ Please be advised that your details have been removed from this PCN." Whilst slightly ambiguous, I assume what they mean is - we're sorry for being wildly incompetent, you win?
  4. Hey guys, Quick update for you: nothing back from Premier Park, however I did receive a reply from the BPA basically saying they have no interest in this complaint. The letter reads "As a membership association we are only able to address enquiries in relation to alleged non-compliance with the BOA Approved Operator Scheme (AOS) Code of Practice". The letter goes on to list the fact that DVLA processes, fraudulent activity and DPA breaches are not within their remit. Just in case the above is of any relevance to you! Will update once I have something back from our friends at Premier Park. Interesting how the BPA managed to read the letter, formulate and send a response before we've got a peep from Premier Park!
  5. Noted the above, will write the letter tomorrow and get it out to our friends at PP and BPA alongside a scan of the ticket/letter. Thanks
  6. Hello, Thanks for your reply - I've read the parking pranksters blog. Looks as if it got thrown out in court due to it being the responsibility of the company to prove the ticket machine/ANPR system were correctly working, which they failed to do. In this instance I really don't know how the system could be so shoddy, it literally has my complete registration listed on the ticket I have in my possession. Would appreciate some guidance in relation to the foff letter, I think I understand the majority of the contents required but wouldn't want to miss anything! Thanks.
  7. Hey guys, Just had a speculative invoice from our friends over at Premier Park stating I owe them £60 for overstaying alongside a nice pretty picture my vehicle. The catch? I still have the parking ticket which clearly shows my reg number correctly inputted alongside the amount of time I parked for. The ANPR states I arrived at 11:53, I paid for my ticket at 11:55 for 2 hours parking, ANPR shows me leaving at 13:41 with my ticket being valid until 13:55. Now, my question is: Do I bother appealing through their website with slam dunk evidence that they're full of garbage; or do I just ignore them and let them waste more time contacting me knowing that it will never go anywhere? My one reservation is - the last character of my index is an O and the type face on the ticket makes it appear like a 0 as all of the characters on the ticket are squashed to fit the index in. I think this may be the angle they try and come at me with even though I know for sure I typed an "O" in on the machine. Your thoughts? 1 Date of the infringement 07/03/2017 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Not dated 3 Date received 17/03/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes 5 Is there any photographic evidence of the event? Yes - ANPR 6 Have you appealed? {y/n?] post up you appeal] Not yet Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? Premier Park 8. Where exactly [carpark name and town] Station Road Car Park, Royal Wootton Bassett My apologies, the "PCN" is dated 14/03/2017 - wouldn't let me edit the original post.
  8. Have noted the rules, its a question that doesn't relate to this scenario directly and is of a sensitive nature, it contains information that I would not be happy to have in the public domain, however I'll avoid asking it should you deem this inappropriate
  9. Okay all noted, they didn't supply the document in relation to the parking companies right to operate on the land. Their reply was also very vague, they failed to answer my point in relation to the signage wording query also. What is the likely course of action from here? Should I ignore the company will they likely try to take it through civil court? As much as I don't want to give these crooks a penny of my money I'm not sure the hassle of court attendance is worth it, ericsbrother I've sent you a pm also. Apparently you have too many stored messages so it wouldn't send, let me know if you can clear any, cheers!
  10. So unsurprisingly the decision didn't go in my favor. To summise: 1. Refused an unreasonable parking charge as £100 is deemed reasonable under BPA guidelines. 2. Signage is deemed appropriate by POPLA so that point is nil. 3. They are in receipt of evidence that the operator has a legal right to manage parking charges at that location. 4. Because my ticket was not correctly displayed I did not display valid information. As for now what is the best course of action? They state I have 28 days to pay the fee of £100. As always your input is much appreciated.
  11. Wasn't entirely sure how to word the below as the research I did didn't help me a bunch in this scenario. Would the below suffice as additional evidence?: "I only have a brief further piece of evidence to add. I’d like to draw your attention to the wording of the main signage in blue and put forward the fact that firstly it confuses a “contract” with a breach of contract. There is no direct mention of the fact that if I fail to adhere to their terms that I shall agree to pay them an amount different to the parking tariff. The sign states “failure to comply with any of these conditions may result in your vehicle being issued with a parking charge notice”. Due to the wording there is no obligation on my part. This sign is simply an invitation to treat and not a contract.
  12. I'll do some research and submit that as further evidence, though im not holding my breath! I think this will likely come down to having to let it go to court and hope its thrown out off the back of no real loss. I'll sort the additional evidence and let you know what garbage they come back with. Thanks for your continued support.
  13. Sorry I apologise, this is actually the correct signage from the park area. https://www.dropbox.com/s/ic2v6p3xdnlol0b/20150122_182138.jpg?dl=0
  14. Here's a picture of the main signage in the car park - https://www.dropbox.com/s/qg27buv6temzykm/20150122_182116.jpg?dl=0 This was taken a couple of days after the incident. I'm assuming POPLA will throw out the majority of my GPEOL argument but does the fact the ticket was paid for and just not correctly displayed hold and weight? Lets say POPLA dismiss my appeal, what's the best course of action after that? Thanks for your reply.
  15. Hi guys, Feels funny coming back to this thread 12 months later from the point of initially posting it. My case was adjourned due to the ParkingEye Limited vs Beavis case as the majority of my appeal was based around GPEOL. Today POPLA have emailed and asked me if I wish to submit any further evidence within the next 7 days before the case is heard. Is there any further evidence I should look at submitting based off of new information in relation to the above case? Or shall I just let it go to appeal with my current appeal as is? Cheers Luke
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