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    • Is this better?   In the Bristol Civic Justice Centre   Claimant name and address xxxxxxxx xxxxxx xx xxxxxx xxxx xxxxxxxxxxx xxxxxxxxxxxxxx xxxx xxx   Defendants name and address Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS.   Brief details of claim Damages   Value £225   Particulars of claim 1. The Defendant is a Data Controller within the meaning of the Data Protection Act 2018 and is responsible for the processing of data of which the Claimant is a Subject.     2. This claim is in relation to three breaches of the Data Protection Act (2018) by the Defendant. (a) Failure to comply with the statutory time limit. (b) The Defendants data disclosure was incomplete. (c) The Defendant sent the data to an address which was not the address of the      Claimant data Subject.    3. The Defendant has failed to comply with the statutory time limit and is therefore in breach of the Data Protection Act (2018). (a) On 09 January 2020, the Claimant made a request for to the Defendant for a statutory data disclosure.  The statutory timeframe for compliance was 10 February 2020.    4. The Defendants data disclosure is incomplete.  (a) The Defendant has provided data disclosure on 25 February 2020.  However, the data disclosure that has been provided by the Defendant is incomplete.    5. The Defendant sent the disclosure to an address that was not the Claimant’s. (a) The Claimant provided the Defendant with the correct address to send the Subject Access Request to on 10 January 2020 and again on 19 February 2020.      6. The Claimant has made a complaint to the Information Commissioner’s Office (ICO) asking for a statutory assessment to be carried out.  The ICO has offered a preliminary view that the Defendant has breached their statutory duty in failing to comply with the statutory time limit.    7. By virtue of the Defendant’s failure to comply with the Subject Access Request the Claimant has suffered distress.
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Gw2005

CEL ANPR PCN - 16 mins overstay - kfc, Fenton,stoke on Trent

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Hi I have received a parking charge notice for overstaying on kfc through the post from civil enforcements ltd.

I was 16 minutes over due to the fact that my little ones were playing up and not eating their meal.

Annoyed we left the restaurant and wouldn’t allow them ice cream

 

to cut a long story short by the time I’d put them in their car seats I’d given in, I drove through the drive in and collected ice cream to take home.

I was parked in a disabled bay with a blue badge I hadn’t noticed the new signs of limited free parking.

 

I was with friends who were on the car park longer than us and didn’t get a charge.

I have to appeal by Tuesday.

Do I appeal or wait? 

 

1 Date of the infringement 03/01/2020

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

[scan up BOTHSIDES as ONE  PDF- follow the upload guide]  07/01/2020

 

3 Date received 13/01/2020

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y

 

5 Is there any photographic evidence of the event? Not on letter

 

6 Have you appealed? [Y/N?] post up your appeal] N

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? civil enforcements ltd

 

8. Where exactly [carpark name and town kfc, Fenton,stoke on Trent 

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DO NOT APPEAL, CEL are the most dishonst parking co in the country.

their paperwork doesnt comply to the protocols of the POFA so you cannot be liable for the charge.

 

Now in the meanwhile

get on to KFC and ask them to get this cancelled but before you do check with the local council to see if CEL have planning permission for their signage and cameras. they do need it so dont be put off by some bod telling you it is deemed consent, it isnt.

 

once you have found out that therer is no PP, let the KFC know that you are going to sue them for allowing CEL to process your personal data as they are merely the agents of KFC if the whole matter isnt dropped. Try asking nicely at first and them tell them about the big stick you will use.

 

It will be KFC HQ, not the local branch that has the clout.

 

If they dont do something then dont sweat over it and wait foe CEL to send you some more begging letters.

You can get some pictures of the entrance to the land and the sigange there once KFC have decided not to play ball

 

And by the way, it isnt a fine!

 reason why you overstayed is immaterial but you can use it to explain to KFC that their mickey mouse parking co cant tell the difference between an overstay and  a visit to the restaurant and a separate visit to the drive through

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Thanks for your reply, noted.

 

I have already been into kfc to speak to the manager and show both receipts I have,  but was  told ‘tough luck’ the signs are there, not his problem.


As far as I can see there’s been no planning permission issued since kfc applied for their new illuminated signs in 2016

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I made the point od saying get in touch with HQ and not the local store.

Ok you have the gen on planning so when you get onto their HQ you can terll them this etc.

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Yes noted, I was too hot headed and raced down there the day I got the NTK. Learnt that lesson. Il get in touch with HQ. Thank you 

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You'll get used to this, stick with it. :)

 

HB


Illegitimi non carborundum

 

 

 

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look at the initial granted planning permission as you will find I expect free parking was 2 or 3hrs granted by the council n-one can change that either.

can we have the NTK as requested up as a PDF 

read upload

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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All I can see on the planning permission is a disabled parking sign, parking and exit signs and a vehicles left at their own risk sign along with other kfc signs.Scanned Documents-2 2.pdf

 Here’s the notice to keeper hoping I’ve uploaded it right....

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So they're talking about 90 minutes' parking? As dx says, you need to find out what the Planning Permission sets as the free parking time.

 

HB


Illegitimi non carborundum

 

 

 

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Yeah, all I can find is a disclaimer sign. Il go through it again

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look at the original planning consent, is this part of a shopping centre or a high st store?
 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

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No it’s stands on its own dx, I’m trying to find parking consent on the original planning 

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have you a postcode please?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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yeah it’s ST4 4AT

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find it on google earth as that post code comes up in a housing estate and kings st is it?

is 4 miles long..

 

post the link.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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http://KFC King St, Stoke-on-Trent ST4 4AT, United Kingdom +44 1782 749865 https://goo.gl/maps/RmFWyT6FZvkSE8XSA

 

kfc, king street, Fenton, Stoke-on-Trent, ST4 4AT 

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Well done with the link. :)  So is this car park only for KFC please?

 

HB


Illegitimi non carborundum

 

 

 

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Yes it’s just for kfc

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approx when was it built?

As said, CEL dont even try to obey the POFA so do nothinmg other than gather info until they decide to waste money suing you and then hit them hard. they always drop the court claim when rumbled

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Hi Eric’s brother,  I’m not sure when it was built but the planning application was permitted in 2002. Yeah I’ve been reading loads of posts on theses pcn. They didn’t even get the postcode on the pcn right

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then that is to your advantage as well, they have to identify the land in question.

we need pictures of the signage there at KFC. Start by taking pictures of the entrance whether there are signs there or not and then pictures of every sign that is different in the car park with a note as to where they are, how big they are and whether they are illuminated by either their own lights or by being under a street lamp.

 

Dont forget that you arent going to contact CEL but you may have a few choice words for KFC as they are ultimately responsible

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