Show Posts - Foxy01

I received a Red letter day voucher for a Christmas present. I logged into the website in January but none of the available dates were suitable in January. When I tried to select dates beyond January there were none showing and just a message saying to check back in the future.Over Easter I once again logged in to see if I could book the experience. There were lots of dates available but when I tried to proceed I got an error message.Eventually through the Red letter days online chat I got through to an agent. They said that the they would contact the experience provider and get back to me.I have now received an email saying that the provider redeemed the voucher in January and that the experience was booked for the 31st January. So basically tough luck.Neither myself or the person who purchased the voucher have ever had any email/communication regarding a booking in January.Just wondering if anybody has any suggestions on a way forward? I'm thinking a SAR to Red Letter days and possibly to the experience provider?Unfortunately the original purchase was not made by credit card.

Hi, registered keeper has received the attached from GroupNexus. The registered keeper is a sole trader business. The driver on this occasion was a resident of Northern Ireland.Is it best to appeal on the basis of non POFA compliance or name the driver as they are in NI?

Quote from: DWMB2 on 15 Oct, 2025 16:19Well done!Can you share with us the assessor's reasoning?Decision: SuccessfulAssessor summary of operator caseThe operator has issued the Parking Charge Notice (PCN) for not purchasing the appropriate parking time or by remaining at the car park for longer than permitted.Assessor summary of your caseThe appellant has provided a detailed account surrounding the parking event in question. For the purpose of my report, I have summarised the grounds raised into the points below. • Failure to meet provisions of POFA to transfer liability to the registered keeper. • Inadequate signage. • No evidence of landowner authority. The appellant has provided: 1. PDF document. After reviewing the operator’s evidence, the appellant has reiterated and expanded on their grounds of appeal. • The landowner agreement was signed the day before the PCN was issued and raises serious doubts about whether the operator had lawful authority to issue PCNs on the date in question. • There is no evidence that enforcement infrastructure was properly in place or that the contract was active and valid at the time of the alleged contravention. • The entrance signage fails to comply with the requirements of Section 3.4 of the Private Parking Code of Practice. If new restrictions were introduced, the operator was required to use temporary signage and prominent notices for at least four months. There is no indication that any such measures were taken. All of the above has been considered in making my determination.Assessor supporting rational for decisionI am allowing this appeal and will detail my reasoning below: By issuing a PCN the parking operator has implied that the terms and conditions of the private land have not been met. When an appeal is brought to POPLA, the burden of proof begins with the parking operator to demonstrate the breach they claim has occurred. I must therefore assess the terms and conditions of the site, any relevant code of practice, or legislation to determine if the PCN has been issued correctly. In this case the operator has issued the PCN for not purchasing the appropriate parking time or by remaining at the car park for longer than permitted. In the appeal the appellant has raised concerns regarding the signage on site and the date of the landowner document. The landowner document was signed on 08 May 2025 however the contravention took place on 09 May 2025. The appellant has further explained there weren’t any signs demonstrating new terms apply and there isnt any evidence which demonstrates the terms were advertised on the date of the contravention. I have reviewed the case file provided by the parking operator, whilst I appreciate, they have provided images of the site, the images are not date stamped therefore I cannot be certain the signs were in place on the date of the contravention. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 3.4 of the Code says that when there is a material change to pre-existing terms of a car park, then additional temporary signs must be placed at the entrance to the car park for a period of no less than four months from the date of the change to make that clear. The parking operator has not provided any images which demonstrate they have advertised that there are new terms in place. I am unable to conclude that the operator has sufficiently complied with the requirements of the code. I must allow the appeal. I note the appellant has raised other issues as grounds for appeal, however, as I have decided to allow the appeal for the reason above, I did not feel they required further consideration.

POPLA appeal successful.

/Response from CSPM to Data protection complaint – request for evidence and Article 19 confirmations. I amended some details as per DWMB2 suggestion and required date to 11/09. Below response received on 15/09/25. "Dear Mr ****,Thank you for your further correspondence of 28th August 2025. We note your position.We maintain that the referral to Debt Recovery Plus (DRP) occurred prior to CSPM receiving notification of your POPLA appeal. As soon as we were notified, the case was immediately withdrawn and placed on hold. DRP was instructed to cease all activity and to remove your data from their systems. They have confirmed compliance with this instruction.For clarity:No further processing or disclosures will take place in respect of this matter pending POPLA’s outcome.Internal controls have been reinforced to ensure that no further referrals occur while an appeal remains active.We have considered the points you raise. While we do not accept that the disclosure amounted to unlawful processing, we are satisfied that the remedial steps taken have fully addressed the issue. Accordingly, we will not be providing the additional documentation you have requested at this stage.Should you remain dissatisfied, you are of course entitled to escalate your concerns to the BPA or the Information Commissioner’s Office. We will cooperate with any enquiry they may undertake.The case remains on hold pending POPLA’s determination.Yours faithfully,**** ****For CSPM"

Further response from CSPM"Dear Mr *****,Thank you for your email of 21 August 2025.We confirm that the case relating to PCN """""" has been recalled from Debt Recovery Plus, and all collection activity has ceased. The notice is on hold pending the outcome of your POPLA appeal.To clarify, the referral to DRP was actioned before we were notified that an appeal had been lodged with POPLA. Once notification was received, immediate steps were taken to withdraw the case and place it on hold. While this was an administrative timing issue, and not a deliberate or unlawful disclosure, we have nevertheless reviewed our procedures to ensure that no further referrals are made until appeal processes are fully exhausted.For completeness:DRP have been instructed to permanently remove your details from their systems.No further disclosures will take place in relation to this matter.Internal checks have been strengthened to prevent recurrence.We trust this provides the necessary assurances and draws the matter to a close pending POPLA's determination.Yours faithfully,******For CSPM"

POPLA operator response received.POPLA operator responseA few things I've noted at First glance:They have not mentioned POFA section 8 but instead say they are relying on 9(2) even though there NTK says it is issued under section 8.There are pictures of signs which are not onsite and are not shown on the site plan.The landowner contract was purportedly signed the day before the PCN was issued.Despite their assertion that all their signage meets the required standards, the T&C's cannot be read in any of the photographs provided including the pictures not taken in the car park. 

Response from POPLA regarding the DRP letter:Good morning,Thank you for your email.As the letter was sent before you set the appeal up on 2nd August at 19:12, POPLA would not contact the operator regarding this.  If you receive any letters after the date that you submitted the appeal, please get back in contact regarding this with a copy of the letter.Kind regards, *****Appeal Assessor

Quote from: DWMB2 on 19 Aug, 2025 15:53I wonder if a broader point might be better here, around a concern that this might be routine practice from CSPM, which would lead to breaches in the high number of cases where the keeper is a person.This was my thinking. That they 'automatically' hand over to DRP as a lever.

Quote from: b789 on 18 Aug, 2025 18:39I suggest you respond to CPSM with the following:QuoteSubject: Formal Notice – Misuse of Personal Data and GDPR BreachDear CSPM,I write further to your recent correspondence in which you admitted that my personal data was passed to Debt Recovery Plus before my POPLA appeal had been determined.By disclosing my data to a third-party debt collector at a time when the charge was formally on hold, you have committed a serious breach of the UK GDPR and the Data Protection Act 2018.There was no lawful purpose for this disclosure. Article 5(1)(a) UK GDPR requires lawfulness, fairness and transparency in all processing. Passing my data to DRP while appeal rights remained active fails all three.Article 5(1)(c) UK GDPR requires that data be processed only to the extent necessary. At the appeal stage, no debt exists and no collection activity is permissible under the Private Parking Single Code of Practice (v1.1, 17 February 2025, Section 11.3). This renders your disclosure unlawful and unnecessary.As a direct result, I received threatening and misleading debt letters which caused unnecessary distress and anxiety. Non-material damage of this type is explicitly recognised as compensable under Article 82 UK GDPR and Section 168 DPA 2018.You are now formally on notice that:• You have breached your statutory data protection obligations by unlawfully sharing my data with a third party.• I will rely upon the Data Protection Act 2018 in holding you accountable. I reserve all rights, including the right to issue proceedings for compensation for the distress and harm caused.I require your immediate confirmation that:• My data has been recalled from DRP and permanently erased by them.• No further unauthorised processing will take place.• You have reviewed and corrected your internal processes to prevent this unlawful practice from recurring.Unless I receive a satisfactory written response within 14 days, I will escalate this to the BPA and the Information Commissioner’s Office.You should treat this as a serious complaint. Your misuse of my data will not be ignored, and any repetition will significantly aggravate the damages I will seek.Yours faithfully,[Keeper’s Name]Does this apply fully, as the registered keeper is a company?

Email response from CSPM:"Thank you for your email.  We note your comments.  We can advise that the matter was passed over to Debt Recovery Plus prior to notification that you were appealing to POPLA.  We have already recalled the notice back from DRP whilst the appeal is being reviewed by POPLA.  The notice has been placed on hold pending determination of the POPLA appeal."I'm minded to reply asking if they routinely submit notices to Debt collection prior to the expiry of all avenues of appeal?The DRP notice proudly exclaims that 4 out of 5 people pay after the first letter!

I have sent a complaint to CSPM and also sent details to POPLA. The BPA website says not to complain until all complaints with the operator are exhausted?

Company has today received a debt recovery letter from DRP. This is dated 01/08/25 prior to the expiry of the appeal period to POPLA.

Due to work commitments I left it too late. Attached is what I put in the POPLA appeal. I appreciate the help offered on here. [ Guests cannot view attachments ]

Quote from: b789 on 01 Jul, 2025 10:41Don't rush it as you have until 2nd August to submit your POPLA appeal.Submitted today. Will update when I get a response.