Britannia Parking ANPR PCN - Costas Lydiards Field Swindon

[ericsbrother]

no, you dont appeal,

you let them waste time and money sending you more stupid letters

and then tell them they havent followed the protocols when it looks like they might be tempted to try their luck because you havent responded.

 

 

As it stands you are in a position where you can sue them for breach of the DPA so let them carry on for the moment.

 

 

How far this all goes depends on you attitude to this,

showing them you are up for a fight later will usually be enough to make them skulk away

but respond too soon they will think they have you worried, whatever you say.

[ericsbrother]

read the POFA,

it has all of the required steps for a parking co to issue a ticket/NTK.

If they dont slap a ticket on the car they must have some sort of photographic evidence of the event.

 

This has to be sent with the NTK within 14 days after the date of the event or no keeper liability can be created.

If they ask for the keeper details after 12 days then they cannot be compliant with the POFA so they have no lawful reason to obtain them and by doing so they have broken the agreement they signed to get access to the DVLA database.

 

It is the not telling the truth on this access that causes the breach of the DPA as they are then unlawfully processing the data.

 

Late NTK?

no keeper liability and breach of DPA so cant claim from keeper

(even if they suspect the driver is the same person, they have to prove it)

and you can sue them for the unlawful processing of data causing you distress etc.

 

 

There are precedents for this so not a difficult thing to do.

[ericsbrother]

you say you are a newbie,

does that mean you havent read up on any other threads about either the wiles of the parking co's or about the letters dca's send out.

 

The nickname threatogram should tell you enough

 

but if not remember this NO dca OWNS THE DEBT,

THEY HAVE NO POWERS OR RIGHTS TO DEMAND ANYTHING OR TO TAKE ANY ACTION OTHER THAN WRITING LETTERS.

[ericsbrother]

in reality you are not going to write to Britannia to tell them to cease and desist because they claim you owe money so they can keep writing to you. law says so.

 

Again, you are not appealing so any timescale irrelevant.

 

The wording of the POFA is a but vague on a couple of points and this is one of them.

 

In short, you hope thay give up and go away but if they do decide to take legal action they have to follow procedures and then you tell them what is what and point out that being vexatious or unreasonable can mean you get costs of £1500 or so awarded for their trouble.