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Messages - cferg

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1
Hey guys

Firstly thanks for all the responses, realise i didn't respond initially!

Template worked a charm and the appeal was successful! Merry Christmas!

2
Hey guys, just wanted some advice on a PCN received from Apcoa, issued on 14/11/24 for overstaying at a tesco car park. The max stay is 3 hours and my vehicle was caught out via ANPR. I believe the ANPR has only been implemented recently as i've previously parked there for over 3 hours with no ticket received. I have no leg to stand on in terms of my circumstances and not looking for any judgement, just wanted to know if the ticket could be challenged on any technical grounds, i.e any legal issues with the PCN?

I have read previous posts on the forums regarding PCNs from APCOA, and note that the template that has been posted a number of times

'I am appealing your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. As the keeper, I note from your correspondence that you are not seeking to hold me liable under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). As you have chosen not to issue a Notice to Keeper (NtK) in accordance with PoFA. I suggest that in order to save us both time and money, you cancel the PCN.

As there is no obligation for me to name the driver and no inference can be made otherwise, I am therefore unable to help you further with this matter and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code where we both know, you will lose.'

Is this the best I could post in hopes of winning an appeal? I've attached images of the PCN front/rear and a photo of the signage.

Any advice is greatly appreciated, cheers  :)


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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 09, 2023, 08:45:35 pm »
Yeah understood. That sucks. I'm not sure, I've not gone back to check the signage - I'll go back and check  tomorrow or Saturday. Is there anything in specific I should look for?

But thanks again for the advise, lesson learnt - I'll make sure to confirm I've got my ticket next time!

4
Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 09, 2023, 08:12:16 pm »
I see what you're saying. I can't be 100% certain, as I use the auto fill so yeah, defo a possibility.
I did receive a letter from the debt collectors though, with the incorrect postcode, but I guess that won't mean much?

I think the most positive thing from the pack was the proof of postage letters and the fact one wasn't included for the appeal rejection?
(If that is a proof of postage, but that's what it seems to be to me)

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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 09, 2023, 07:36:30 pm »
It's the worthing postcode - but the first line of address and town is my newer one in Hove

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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 09, 2023, 07:33:46 pm »
Negative - it ends 'GJ' - realised it wasn't on there and should have clarified!

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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 09, 2023, 07:28:02 pm »
Sorry -
1 - Yes that's correct - only the notice was sent to the worthing address.
2 - No - Everything else sent since the notice has been sent to the Hove address (including the appeal) - but the worthing postcode was used. I can reupload to uncensor the town for all the letters they've sent if that helps

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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 09, 2023, 07:01:19 pm »
I've attached the SAR request here as it contains all the letters within. I've redacted all the personal data so none should be there. on the second page, i've left the town and the last 2 letters of the postcode (which are the same) nothing within the pack has my postcode. I can't get back onto the webpage where i appealed to check the details I've left as it's not available.

It should be in chronological order from bottom to top - bottom being the initial notice.

Thanks again

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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 09, 2023, 06:01:06 pm »
A case to pay the £60 i would have been eligible for had i received the appeal rejection letter?

Surely i have some right given the fact i was never informed of the decision of my appeal or they could charge me anything?

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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 09, 2023, 02:26:06 pm »
Afternoon all,

So quick update - they've responded to my further DPA request but not included everything i requested which is fine. But just going through the docs again, i note that they've provided 2 proof of postages for the initial notice and for the letter charging me £160 threatening debt collectors. They've provided me with no proof of postage for the rejection of my appeal and no e-mails either which looks like a bit of a win for me?

The response they've given to me suggest they never read the issue i raised and seem to think i'm disputing the ticket (which i'm not - the issue is the payment amount and no response to my appeal).
I've attached an excerpt of the response at the top of the SAR - which i have 2 issues with:
1 - All the letters they supposedly sent following the initial notification uses the address i provided on the appeals website, however they put down the wrong postcode. So either they're downright lying or just ignorant
2 - all the of the PCNs were delivered correctly with the details obtained through the DVLA - again, this was never an issue, it was all the correspondence following my appeal which i never received.
Not that this may mean anything, but it annoyed me and i wanted to moan about it!

I've called the debt recovery agency to update the postcode, as i can't get a hold of GxS. They've told me the case is now with BW Legal. I've not received anything from them so far. Not sure what avenues are available to me now. I've submitted a complaint to the IPA, but think i should maybe speak to a legal advisor regarding this situation. I have all the letters, e-mails thus far, and think i have a strong enough case? Does anyone know a good legal advisor / solicitor (someone who i could speak to over the phone preferably? (Cheaper the better) :)

Thanks again for your help thus far


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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: November 03, 2023, 12:59:02 am »
Thanks for the advice. I'm gonna send another data request to them and include the offer in the text. I'll see how at it goes. I may have to just concede and pay the 170 but worth a shot as you say.
Thanks again for the help and advice.

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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: October 31, 2023, 04:53:38 pm »
Hey guys,

Thanks again for the responses. So i received a pretty quick response RE my data request and they've sent me a pack. They haven't included any e-mails within which i requested. The wording to my request was 'I am looking for any e-mails, letters and any other correspondence that has been sent/stored using my name, vehicle registration and address'. So i should have received e-mails as well?

The DPA response e-mail lead with the following statement:

'Further to your request for a Subject Access Request, I have attached the report, please note that the address
including Post Code have been supplied by DVLA, if the information is incorrect, the onus is on you to ensure
DVLA have the correct details on record.'

The data request form they sent afterwards however shows that they have 2 sources for my details - initial details taken from DVLA website, and the second batch (which includes my e-mail address and contact number) from the appeals website. This has recorded the correct first line and town, but the post code is incorrect. Someone at some point has clearly noticed the post code was faulty and amended it, as i have received a letter which has the postcode crossed off and the correct one written down next to it on the letter paper.

I've had no texts/e-mails from them to say that my appeal was unsuccessful and they haven't provided any from the data request.

I'm not sure how to proceed from here. Should i make a payment of £100 previously suggested? Or would i have a case to have that reduced to £60 which i would have been able to do had i received the letter in time. Any advice appreciated.

Happy to upload redacted docs if this is more helpful and I've missed anything

Thanks again guys

13
Private parking tickets / Re: Private parking invoice GxS Southwick
« on: October 30, 2023, 03:53:10 pm »
Thanks for the advice - I've send one to that e-mail. Would it be worth me waiting around a month for a response? Or would i be better off just paying the £170? I'm not sure if they'll try to increase it again or issue proceedings? And wouldn't like the CCJ as saving to buy a flat!

Thanks again

14
Private parking tickets / Re: Private parking invoice GxS Southwick
« on: October 30, 2023, 02:49:31 pm »
Ah - I'll do that ASAP, thanks for the heads up.

No, I don't have any evidence at all, but thought i'd try my luck. The main issue is exactly that - if i'd received the initial rejection of appeal letter i would have still been in time to pay the £60 which i guess there's no chance of now - but the £170 seems completely unfair.

I used the info@gx-s.uk - as this is the one that responded to my e-mail on 24/10/2023, I couldn't see any info about DPA requests - tried calling their contact number over a number of days but no joy getting through at all.

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Private parking tickets / Re: Private parking invoice GxS Southwick
« on: October 30, 2023, 02:27:48 pm »
Apologies for the confusion.

So i the breach was on 02/09/2023 and the letter was sent 05/09/2023 to an address i was not currently residing at (my fault i know) so the first letter was addressed to there. There were also 2 other appeals accompanying these which i have successfully appealed and no further action will be taken.

I appealed through their website and filled in my address via there. This was on the 17/09/2023. The same day i also changed my the address of my driving license to match where i'm currently living.

I received a letter on the 24th of October (cannot remember the exact date it came) advising me debt collectors would be arranged within 7 days of the letter takeover should i not make the payment within 7 days. The letter was dated 13/10/2023. This letter had used the post code of my previous address, and not the post code for my new one. The letter paper had crossed out the incorrect postcode over the plastic film, and the correct postcode was handwritten just below the film. I can provide a photo if necessary?

I sent an e-mail to GxS on the 24th October stating that i had not received any response to my initial appeal. They responded on the 25th and attached the letter that was sent. I only saw this e-mail today as again it went straight to my junk (my fault for not checking junk folder). The letter attached to the e-mail had again used the post code for my old address and was dated 21/09/2023.

Date of incident 02/09/2023
Date invoice sent 05/09/2023
Appeal 17/09/2023
Debt collection letter w/ incorrect post code send 13/10/2023
Debt collection letter received by me 24/10/2023
e-mail send to GxS re no response 24/10/2023
response from GxS sent to junk 25/10/2023
Letter attached from GxS notifying me of failed appeal dated as (wrong postcode) 21/09/2023

I hope that clears up the chronology?

Also the ICO is the information commissioners office - the .gov website for anything DPA related - they have a tool you can use to send DPA requests directly to organisations holding your data through their site.

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