Good IAS Appeal Rejected

[Sh17]

Thanks for your advise.

Small update:

contacted the land owner organisation (Paradigm Housing [PH]) spoke to the relevant housing officer. Which looked into the case and agrees with PCM. So perusing that end with a formal complaint against against PH who employ PCM. On the grounds of abuse of power for financial gain.

The housing officer keeps claiming she "cannot assist with my enquiry nor can she intervene with regards to these fines. PCM are not employed by Paradigm and only deliver them a service and earn their funds through issuing of parking fines."

Which is complete rubbish since they operate on their land so they are responsible.

Anyway will keep you all posted.

[charitynjw]

I'm guessing PH are only managing agents, not the landowner.

https://www.paradigmhousing.co.uk/pr...for-landlords/

[Sh17]

yep..Just an update since the situation:

1) After making a complaint to the IPC regarding the private company not abiding by the IPC code of conduct, the IPC responded with no action at all and in favor of the private company (surprise, surprise). Next move if necessary would be to complain to the DVLA regarding IPC not taking any action since its their duty.

2) PH complaint went to the final stage and they stand by their decision, so I have the option to now take it to the ombudsman, which I wont do (no problem at all since the formal complaint was just a tactic)

3) Debt letters keep coming but we explicitly told them in writing and recorded telephone conversation that if they require payment, then do so via the county court route.

Thanks again for everyone's help, if things do progress I will be sure to update you all.

[paulajayne]

Thanks for your advise.

Small update:

contacted the land owner organisation (Paradigm Housing [PH]) spoke to the relevant housing officer. Which looked into the case and agrees with PCM. So perusing that end with a formal complaint against against PH who employ PCM. On the grounds of abuse of power for financial gain.

The housing officer keeps claiming she "cannot assist with my enquiry nor can she intervene with regards to these fines. PCM are not employed by Paradigm and only deliver them a service and earn their funds through issuing of parking fines."

Which is complete rubbish since they operate on their land so they are responsible.

Anyway will keep you all posted.

They are NOT fines, a private entity cannot fine you. Speculative invoice.

[Sh17]

I see...thanks ! paulajayne

[Sh17]

Hi All...long time since you wonderful people helped me on this journey! I hope everyone is keeping safe.

I have an update.

So in post #13 trace sent their first letter.

I have now received another letter (attached in this post).

Since then I have got a new vehicle.

One thing I would like to call out since starting the thread is:

- I did not even received a Notice to Keeper. The Notice to Driver was received, I appealed (soon after receiving the NtD) and then they sent a rejection letter. (documents provided in post #7) - Then I appealed to IAS.


Anyway thought I would post an update and will continue as recommended by others in this thread.

paulajayne
charitynjw

[charitynjw]

Well past their 14 day deadline now.

Anything further from them? From anyone?

[Sh17]

paulajayne
charitynjw



Hi All,

Long time no speak.

Suprise Suprise I have recieved a LBC for this PCN.

Please find attached images of the LBC.

My next step is to:

1) submit the Subject Access Request
2) await the SAR
3) await court action and follow through proceedings to defend

Any advice appreciated


SAR

[MY ADDRESS]


[MY NUMBER]

[DATE[

Parking Control Management (UK) Limited

Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )
[MY INFORMATION]


Please supply the data about me that I am entitled to under data protection law relating to myself.

As a bare minimum the below information:

• All data held and all evidence you will rely on
• ALL photos taken
• All letters/emails sent and received, including any appeal correspondence
• A full copy of the Parking Charge Notice
• A full copy of the Notice To Keeper sent

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully
[MY NAME]

[ostell]

I read in one of your posts that the driver had been identified. (I think it was the IAS appeal) . If you are happy that they proceed against the driver then now is the time to identify the driver to the parking company and their solicitors. Add in a comment that now they know the identity of the driver they have no claim under POFA from you the keeper. 5 (1) (b) no longer applies

Make sure you get a certificate of posting from a post office to show that you sent it.

If they continue your defence will be that they are taking action against the wrong person.

[Sh17]

I read in one of your posts that the driver had been identified. (I think it was the IAS appeal) . If you are happy that they proceed against the driver then now is the time to identify the driver to the parking company and their solicitors. Add in a comment that now they know the identity of the driver they have no claim under POFA from you the keeper. 5 (1) (b) no longer applies

Make sure you get a certificate of posting from a post office to show that you sent it.

If they continue your defence will be that they are taking action against the wrong person.

Thanks for your response.

So the Driver and the Keeper are the same people I this scenario.

I am familiar with POFA however less familiar with laws around PPC pursuing drivers (common law contract).

Lets say Parking Control Management (UK) Limited takes me to court I am struggle with the main appeal points below:

1. The windscreen notice to driver is defective for the purposes of Protection of Freedoms Act 2012 Schedule 4 s7(2)(a) (No period of parking shown on NtD.)
   1. Am I correct in thinking this appeal point is not valid and cannot be used, since they will be pursuing the driver?
2. No Notice to Keeper was ever served. Only a Notice to Driver (refer to post #21)
   1. Again Am I correct in thinking this appeal point is not valid and cannot be used, since they will be pursuing the driver?

If the above 2 points are not valid when defending the Driver, am I toast? I am struggling to come up with defensive points.

Thanks in advance!