Author Topic: Two C.U.P enforcement PCNs - parked on or within a no parking area - Watford  (Read 890 times)

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dmarsh91

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Thanks, both of you, very helpful.

I can confirm I received the CC email when I sent the original complaint. I can also confirm I have retrieved the metadata from the email header, although I'm unsure exactly what I'm looking for here as there seems to be a lot of information.

There is a section that says:

Fri, 10 Jan 2025 21:16:37 +0000 (Delivered after 3 seconds)

Is this what I'm looking for?

DWMB2

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Seems like it, although I'm not a tech expert.

I'd get the appeal in on their online portal ASAP, then send the communications advised by b789

b789

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Just keep all the metadata for now. Yes, that is a very important piece of it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

dmarsh91

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Great, thanks again. Will get all this done tonight

dmarsh91

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Sorry, just to double check. There's no need for me to reply to the email CUP sent me today?

dmarsh91

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Received this from BPA in response to my complaint. What evidence other than my correspondence with CUP would you suggest providing at this stage?

b789

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You can only give them the evidence you have which you mentioned in the complaint:

Quote
Evidence Available

I am able to provide:

• Metadata proving the delivery of my original complaint to CUP Enforcement’s email servers.

• Copies of my correspondence with CUP Enforcement, demonstrating their failure to respond fully to the issues raised.

• Copies of the PCNs, showing the duplication and PoFA non-compliance.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

dmarsh91

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I assumed as such. Regarding the metadata, there is obviously a lot of data there, is it best to send all of it over or just a specific section?

b789

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To confirm that an email was received by the recipient's mail server, check the ‘Received’ headers in the email header.

• Emails pass through multiple servers before reaching the recipient. Each server adds a Received line.
•The last Received entry (the one closest to the bottom) shows the final server that accepted the email.
• If this entry shows the recipient’s email domain (e.g., @example.com), the email was successfully handed off to their mail system.
• If there was a problem, you would usually receive a bounce-back message.

This confirms the email reached the recipient’s server, but not necessarily their inbox.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

dmarsh91

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Here's the latest from CUP. Unsurprisingly, they rejected the appeal. Thoughts on the next steps I should take would be much appreciated

b789

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When it comes to the POPLA appeal, they have not issued the NtK within the required timeframe for it to PoFA complaint and they have now admitted as much in their appeal rejection which nicely dobs them in the mire because that is blatant evidence of another PPSCoP breach of section 8.1.1(d) which states:

"The parking operator must not serve a notice which in its design and/or language: state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable."

So, they issued an NtK claiming PoFA and after it being pointed out to them that their NtK was not compliant with PoFA paragraph 9(4)(b), and then they then admit in their appeal rejection that they aren't relying on PoFA!

If ever you needed evidence of obvious intellectual malnourishment by a bunch of ex-clamper thugs, here you have it.

You have until 31st March to submit a POPLA appeal. Before we get into that, did you respond to the BPA fob-off letter with evidence of the letters making the formal complaint to CUP and their lack of response which breaches the PPSCoP section 11.3 and 11.4?

Also, have you had a response to your SAR yet? Have they even acknowledged receipt of your SAR? On what date did you send the SAR?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

dmarsh91

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Great, I did wonder if this would play in my favour!

I haven't responded to the BPA email yet. I had a couple of hiccups retracting the metadata. However, this now looks to have been resolved thanks to a friend.

I sent the SAR on 30/01 and received an acknowledgement email on 10/02, stating they would 'endeavour to share the document within 28 days.'.

dmarsh91

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Any advice for submitting my appeal to POPLA?

b789

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hey are obliged to respond a SAR within 30 days. What method did you use to send the SAR? Calculate their deadline based on that. If they haven't responded within that deadline, get your ICO compliant in.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

dmarsh91

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I sent the SAR on 30/01 via email. So the 30 days have been and gone and I've received nothing other than the acknowledgement