County Court Defence - POPLA error

[Lego]

Re: County Court Defence - POPLA error

Here is my SAR letter, is my wording ok? (POPLA charge £10 as standard)

To whom it may concern:-

Subject access request

xx xxx; POPLA code: xxx xxx xxxx; PCN number: xxx xxx/xxx xxx

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

• Information transferred between London Councils and Ombudsman Services
• Any correspondence between Ombudsman Services and me (Sept 2015 - present)
• Any correspondence between Ombudsman Services and ParkingEye (Sept 2015 - present)

If you need any more information from me, or a fee, please let me know as soon as possible.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk
Best Regards,

[mystery1]

Re: County Court Defence - POPLA error

I guess so. Have you tried just asking ? (don't want to spend money unless required).

M1

[Lego]

Re: County Court Defence - POPLA error

Yay!?! So I have finally been given a POPLA code by ParkingEye (After weeks of battling).

In the end, I didn't need to pay to get the information from Ombudsman Services. They could not confirm that my details were passed over from London Councils or provide email evidence of them contacting me. They then directed me back to AOS; they confirmed that my details were not transferred to Ombudsman Services, therefore I was not contacted. Now, I have a POPLA code.

Any chance you can help with the POPLA defence? @M1

[Kati]

Re: County Court Defence - POPLA error

tagging [MENTION=5354]mystery1[/MENTION] xx

[mystery1]

Re: County Court Defence - POPLA error

How long do we have ?

http://www.parkingcowboys.co.uk/popla-code-checker/

Have you posted the pcn on here (probably but i'll need to look back 4 pages)

M1

[Kati]

Re: County Court Defence - POPLA error

How long do we have ?

http://www.parkingcowboys.co.uk/popla-code-checker/

Have you posted the pcn on here (probably but i'll need to look back 4 pages)

M1

Round up of the thread to date

Exciting update @M1


It could be due to your amazing defence or my pushy email - but I recieve a letter in the post today from County Court


General Form of Judgement or Order


Before District Judge ... sitting at .....
It is ordered that the claimant shall by 4pm on 25th May 2016 notify the court whether a stay is agreed pending a referral to POPLA.


Fingers-crossed .....

Witness Statement:

So here is the updated copy in typical layout style! Hope it is closer.

PE defence:

Thought I would post the reply to defence for you guys to read - sorry I have to split the PDF.


I didn't scan the whole Supreme Court of Parking Eye verus Beavis.... too long - just the front page


Was a bit concerned the contact is so redacted.


I'll do the "Witness Statement" tomorrow after work.


PS: They sent me a out of court settlement offer TODAY for £125...... Aarghhh!

The rest of the files

Then this:

@mystery1 ... been asked to post these up here:
Pgs 1-20 = covering letter, original pics & contract
Pgs 21-30 = last bit of contract and pics of signs etc...
Pgs 31-39 = extra pics and NTK (1&2)
Pgs 40-53 = popla and court letters/emails

Pgs 54-62 = OP's Defence, emails/letters etc...
Pgs 63-66 = Beavis & others (only 1st pages of judgements with links )

1st July:

So I went to court today - it has been adjourned - due to the issues with POPLA. I fought my corner.


The judge has given us 56 days to get evidence to support our positions on POPLA. Ruled not partially heard - so will start fresh. Not sure I can fight any further with POPLA and AOS. Does freedom of information count for this?


Was a but funny to see the rep try to continue by staying my appeal would have been rejected anyway - POPLA was an independent agency and their problems does not impact on them. But judge was not having it.


Just want it to be over!!

[mystery1]

Re: County Court Defence - POPLA error

Will get to it soon.

M1

[mystery1]

Re: County Court Defence - POPLA error

Legopopla.rtf

http://parking-prankster.blogspot.co...a-process.html

M1

[Lego]

Re: County Court Defence - POPLA error

So ParkingEye have now submitted their evidence pack, they emailed it to me on 03/10/2016 PM.

I have prepared a rebuttal letter, was just hoping you could give your opinion (@mystery1), also attached the edited version of your POPLA appeal.

Thanks

Lego

[Kati]

Re: County Court Defence - POPLA error

PE reply to defence:
Pgs:
1-50 = ntk, appeals, popla code letter and most of PE's contract with the land owner
51- 100 = rest of contract, reply to defence and most of Beavis judgement (I've taken Beavis out tho')
101-131 = rest of Beavis, Letter + cheque for £5 scan, rejection of £5, Judges order 15th July, images/photos/plans, witness statement from land owner and PE's ico data controller info

[mystery1]

Re: County Court Defence - POPLA error

As it's a bit more involved than a standard here's how to appeal, it'll need to wait until Friday when i'm off work to have a better read. Don't be shy about bumping if i don't.

M1

[Lego]

Re: County Court Defence - POPLA error

Bump!

[mystery1]

Re: County Court Defence - POPLA error

I would like to respond to the operators evidence as follows :-

1) Contract – Refers to ‘Mecca Bingo, Almond Road Car Park, Freemans Park, Aylestone Road, Leicester.’ (Page 36) This is not the name of the Car Park as noted in the Parking Notice (Page 11) or the signage plan (page 121). In addition the entrance to the car park or the signage at the ‘Mecca Bingo’ (page 120) or the car park machine.
I have attached a google map of the area – this shows that the Mecca Bingo Car Park is a different site on Almond Road. Having failed to show evidence of authority and standing for the land the appeal must succeed.
Furthermore, the contract is date for 18 months from 10th January 2014, which ends on 10th July 2015; the event in question, occurred on 14th July 2015.

2) The parking charge notice does not show the vehicle on any private ground. The photographs clearly show the vehicle on the move next to double yellow lines which are indicative of a statutory control being that they are legally specified traffic signs as per The Traffic Signs Regulations and General Directions 2002. As such at the time the photographs were taken the vehicle was n the public highway and said land is not relevant land for the purposes of the protection of freedoms act 2012 schedule 4.

3) The operator is claiming £200 whilst claiming keeper liability for a PCN that was £100. PoFA is clear that as registered keeper i can only be held liable for £100 if the operator meets all the relevant criteria.

4) The signs exhibited do not comply with the BPA code.

"21.1 You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for."

Whilst the sign has a camera on it it does not say what it will be used for. In POPLA case 6060186304, the assessor made a finding of fact that the signage at Barnet Hospital car park did not comply with paragraph 21.1 of the BPA Code of Practice, as it did not state what the ANPR system is used for. This part of their signs is standard and no different to the one in this case.


M1

[Lego]

Re: County Court Defence - POPLA error

Thank you - forgot to mention I am part of another POPLA computer error. I had to call them Thursday to ask how to write a reply to the evidence; they stated I should have received an email with 7 days to reply with comments - of course which I have not received. She stated there was a problem with the system and I will receive an email with a 7 day deadline and that my deadline will start from when that email is sent. Can't believe it almost happened to me twice!