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#Post#: 102058--------------------------------------------------
Parking Charge Notice Permit Required
DIR By: subs187
Date: December 11, 2025, 10:28 am
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Hi
PCN received from predators Parking Collection Services for
vehicle parked on private land om contravention of the site
parking restrictions as displayed on the signage.
The land is derelict and used for parking and no vehicle has a
permits.
All grounds for appeal would be great.
PCN and Signage links are below.
Thanks
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#Post#: 102171--------------------------------------------------
Re: Parking Charge Notice Permit Required
DIR By: b789
Date: December 12, 2025, 7:54 am
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They have no idea who the driver is and you MUST NOT ever
identify who was driving. There is no legal obligation on the
Keeper to identify the driver to an unregulated private parking
firm.
You do NOTHING until day 27 after the date of the Notice to
Driver (NtD). So, on Xmas eve, 24th December (put it in your
diary), you appeal ONLY as the Keeper with the following:
--- Quote ---
> I am the keeper of the vehicle and I dispute your ‘parking
charge’. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> These are my Keeper details and address for service for my
vehicle: [VRM]
>
> [Your name and address as they appear on your V5C]
>
> As your Notice to Driver (NtD) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the Keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. PCS has relied on contract law allegations of
breach against the driver only.
>
> For the avoidance of doubt, I have now provided you with the
keeper’s name and a serviceable address. As you already hold the
data necessary to identify and correspond with the keeper, there
is no necessity and therefore no lawful basis under UK GDPR
Article 6 to obtain the same data again from the DVLA. Any such
request would breach the data minimisation principle in Article
5(1)(c) and the lawfulness and fairness requirements in Article
5(1)(a), as well as falling outside the limited purpose for
which DVLA data may be obtained. Any DVLA request made after
receipt of this appeal will therefore constitute unlawful
obtaining and processing of personal data without reasonable
cause, for which you will be held liable under the Data
Protection Act 2018. This will result in complaints to the DVLA
and the ICO, and I reserve the right to pursue compensation for
distress and costs arising from that breach.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtD can only hold the driver liable.
PCS have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
As no initial appeal is ever accepted, come back when they
reject with a POPLA code.
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