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Hello,
I would greatly appreciate any advice on an outstanding claim.
In short my wife paid for 2 hours parking (in a car registered to me) at Jempsons Store in Rye, controlled by Total Parking Solutions, and on returning to pay a further 2 hours, entered an incorrect registration no. and we have since received the fine, which we ignored.
When the letter continued I replied as follows:
'I challenge this 'PCN' as keeper of the car.
I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.
I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.
Yours faithfully,
Daniel Johnston
They have rejected this with the letter attached below, with photographs of the car and signs:
[IMG]IMG_0096.JPG[/IMG]~[IMG]IMG_0094.JPG[/IMG
Any advice?
I would greatly appreciate any advice on an outstanding claim.
In short my wife paid for 2 hours parking (in a car registered to me) at Jempsons Store in Rye, controlled by Total Parking Solutions, and on returning to pay a further 2 hours, entered an incorrect registration no. and we have since received the fine, which we ignored.
When the letter continued I replied as follows:
'I challenge this 'PCN' as keeper of the car.
I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.
I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.
Yours faithfully,
Daniel Johnston
They have rejected this with the letter attached below, with photographs of the car and signs:
[IMG]IMG_0096.JPG[/IMG]~[IMG]IMG_0094.JPG[/IMG
Any advice?
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