Overstay, no chance of appeal

[ostell]

Contact the ICO and complain about them not responding correctly to a SAR request by not providing all the paperwork you know exists.

[Isabella1]

In my original SAR email I did specifically ask for entry exit and payment information though. Does this matter, or do they know they should have sent everything they have? Also, on reading my latest Zenith trash, they have the previous payment deadline date wrong and have stated that Smart WILL take me to court. Does this have any significance? Or am I clutching at straws?

[ostell]

They should really have sent everything so find the SAR template on here and resend

As said only the parking company can take you to court, Zenith are trying to frighten you, and succeeding by the look of it.

[Isabella1]

I've been taken to court by a PPC before you see, so I know it happens. I won that one BTW.

[ostell]

So why you asking us ?

Only joking
*

[Isabella1]

Hey guys, still no NTK, but I've been having an interesting conversation with the landowner which I've attached. Could I use this in my favour?*

[Isabella1]

Debt Recovery Plus are now texting me telling me to call! Is this normal practice? I don't even know how they got my number, I withheld it when I called before. Can I contact them and tell them not to contact me again?

[Isabella1]

I've been back in the area tonight, and so have been into the car park to see the signs. Apart from one well over 6 foot on the way in which was unlit, these are the only signs. Would you say they were well lit? I certainly wouldn't.

[Isabella1]

I have finally received the original PCN! I have attached it if you can see if it is all legit for me? On another note, I read through the BPA guidelines which state that you should be given a minimum of 5 minutes upon entry to decide if you want to park, and 10 minutes after ticket expiry to leave before a PCN is issued. Does this mean this ticket should be discarded?

[Guest]

Debt Recovery Plus are now texting me telling me to call! Is this normal practice? I don't even know how they got my number, I withheld it when I called before. Can I contact them and tell them not to contact me again?

One very good lesson I have learnt from here is. Never reply by phone. Only reply by letter. and keep a copy, just is case it develops to attending Court.*

[ostell]

They have missed so many requirement of POFA that there is no way they can hold the keeper liable.

9 (2) -
a) no period of parking. Times moving in front of camera cannot, by definition, be parking
b) missing statement that driver is required to pay
e) No invitation to keeper in the prescribed format
f) no statement of keeper liability

Letter to Smart stating that you have just had sight of their original Notice to Keeper then list all those defects with the NTK and therefore there can be no keeper liability and further communication, from them or their agents, is pointless and amounts to harassment now that they have been made aware of the errors. Perhaps they would car to look at Ferguson v British Gas.

[Isabella1]

That's fantastic! Thank you. Is there a letter template available for this, so I don't miss anything vital?

[Isabella1]

Oh and also, I still have no NTK, this is the original PCN. I have attached the most basic letter which I have ever seen sent by a company, which i think is supposed to be the NTK, but it's a bit of a joke.

[ostell]

Here's an appeal so modify to suit and include the other fails


Dear Sirs,

I have just had sight of the* PCN you issued but I did not receive at the time, Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. *

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

*

[Isabella1]

Thank you very much. Will an email suffice? Or would an actual letter be better?