Smart ANPR PCN - Overstay - Forged Evidence on PCN? - ***Won at POPLA***

[FruitSalad1010]

The logic which leads to a breach of the Data Protection Act is if the company requesting the information of the keeper had no lawful basis or rather reasonable cause to request the information from the outset.

This is one of the most comprehensive comments I have seen written on the subject.

It is my understanding that in order to win any claim for breach of the Data Protection Act you would also have to prove they had no lawful basis to demand payment from you.

 

What makes this more difficult is that whether there was a lawful basis to demand payment from you was never ruled on by a judge.

It would be far easier to bring a claim for a breach of the Data Protection Act if you had already successfully defended a court claim for demand for payment of the PCN.

 

It would appear the only way forward would be almost to have both cases heard at once, one of which is a case that was never due to be heard in court as the demand for payment was withdrawn. It could get very messy and while CAG clearly has a strong success rate with defending claims for payment with reference to a PCN there is still the so called judge lottery and I expect the lottery aspect of being successful in this claim would increase.

 

You also risk - should it get that far - that the judge decides there was a lawful basis to demand payment from you and now not only is your claim for breach of the Data Protection Act dead in the water you could also end up owing the PCN which at the moment is cancelled.

Your premise to help others is understandable but helping others requires that you help yourself and helping yourself requires ensuring that you will win. I think the general consensus at the moment is that is highly uncertain and would certainly need to be underpinned by substantial effort and high quality of the case you are able to present.

Edited January 10, 2022 by FruitSalad1010

[FruitSalad1010]

I think you need to be careful about your presumption that the parking company has no evidence to show the arrival time. The POPLA appeal was granted on the basis that no evidence was provided in response to the appeal. It is still plausible that the evidence does exist but for one reason or another it was not presented to POPLA in response to your appeal. As I have stated previously it may not be the case that their request was in fact unlawful and without a judgement to that effect you are risking a lot for potentially little gain.

 

I'm not sure whether above you have alluded that you are not in fact the keeper of the vehicle - perhaps you could clarify this. I cannot see that a copy of the speculative invoice has been made available in this thread and thus whether it was actually served to you personally or to the keeper.

 

This is important because if you are not the keeper of the vehicle then it is not in fact your data which has been requested.