A Guide to Fighting an Ipserv PCN

in Ipswich, Suffolk

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Background

If you walk around Ipswich today, you might think what happened to the vibrant town I once enjoyed?

It's sad to see, but it feels like many parts of the town are struggling. There is of course many reasons for this, but one can't but think it took a lot of bad decisions to reach this point. The main organisation responsible for the town is Ipswich Borough Council. So, you may ask yourself: what are they doing about it?

Who are Ipserv?

Car parking is a central part of town accessibility and prosperity. If you visit many of the car parks around Ipswich, you'll likely see the name 'Ipserv' on the signage. You may be surprised to learn that Ipserv Ltd is a 'local authority trading company' of Ipswich Borough Council. That means the council has created a private for-profit company, which they fully control. This entity operates its assets at arms length, with far less legal oversight than operating them as a council would entail. You can see the scale of this operation in a recent job posting.

That's not necessarily an issue - however, ask around and search for discussion online, and you'll learn that Ipserv is operating in opaque ways and aggressively enforcing against residents who are just trying to live in their own town. As a private company, Ipserv Ltd can operate without the public scrutiny a council would receive. Is this fair and reasonable? Well, that's down to your opinion. We just want to help residents appeal their Ipserv PCNs, and feel like they've had their say. If that's you, then this website will help you to:

  • Write a PCN appeal letter
  • Get your money's worth with a GDPR Subject Access Request (SAR)
  • Value your privacy by sending a breach settlement claim to Ipserv

Orwell Bridge, Ipswich, Suffolk.

By Rowland Shaw - Own work CC BY-SA 2.5

Appealing an Ipserv PCN

If you have a received a PCN (or, Parking Charge Notice) in an Ipserv car park, then it is important that you action it rather than ignore - whether you choose pay it, or appeal. Appealing it puts in a holding cycle which means they can't chase you by default. Even if you don't think you can successfully appeal the PCN, you should still absolutely appeal it. It will give them a lot of work to respond to your appeal, so we'll give you some tips for writing a robust appeal with minimal effort. They will tell you the process in your PCN notice or letter - in summary, your appeal will first go to Ipserv to examine internally, then you can escalate to POPLA to examine externally if it is rejected.

Many online forums will give bad advice to ignore a PCN. However, in Ipserv's case it appears they will not hesitate to request your details from the DVLA if you do not respond to them. Go read on MoneySavingExpert's forums and you'll see they are also known to engage unpleasant third party legal companies to chase you. That's annoying and although you can ignore those as scare tactics without any court judgement, their track record could suggest they may be likely to pursue you in court. While that would be extremely expensive for them, and they will struggle to recover their money back - it is a hassle. Ideally, you'll have strong evidence for a PCN appeal, but if you haven't you can still cause them some hassle to make them work for their money.

There's no shortage of guidance online on how to write a PCN appeal, and several no-win-no-fee services that can assist. You'll see a lot of discussion in online forums and review websites that the 'authorities' that govern the optional code of practice and appeals in private car parks (namely, the BPA and POPLA) are questionably 'independent'. Even with overwhelming evidence, they curiously almost always find in favour of the parking operator. One might think their existence is theatre to quietly take the heat of the aggressive private parking industry by making it look 'fair' and self-governing, and quietly avoid all the court cases which would look very unfavourable to parking operator practices. Whether you believe that is the case, is also your own opinion. However, if you run into issues, we strongly suggest you contact your MP to let them know as the private parking industry is under scrutiny already. POPLA, it appears does not currently have any regulator for oversight.

Using AI tools to write a PCN appeal letter in seconds

To appeal a PCN, you'll need to write a letter of supporting evidence (and ideally, submit photos). Ipserv is part of the British Parking Association (BPA), so go check out their Code of Practice. If the car park you got a PCN in breaks any of that, then you have a stronger appeal - but, don't hold you breath. There are many reasons a PCN could be invalid, including poor or missing signage, broken lighting, scrubbed lines etc.

There is a magical new free AI-based tool called ChatGPT that can make writing a robust PCN appeal letter unbelievably easy - and literally take only seconds. To start, go to OpenAI. Sign up, then login. You'll be provided an interface where you can send a message and 'talk' with an AI bot. Think of it like your very own assistant - imagine you are telling them to write a letter on your behalf. Give them context, and some goals. It won't cost anything to keep altering the prompt and experimenting to get just what you want. Want to see an example?

OpenAI ChatGPT Prompt & Output

(you can copy-and-paste this into your ChatGPT conversation and alter it as you need)

You have received a PCN in a free car park in England for parking 10 minutes more than the 2 hours allowed as specified in its signage. Please write a PCN appeal letter on the grounds that you were stuck behind a broken down vehicle upon entering the car park and are currently suffering a mobility issue which meant that you were late in getting out your car and commencing with your activities, and so were also late returning. Please refer to the BPA code of conduct and British Equality Law in your arguments.

Causing Hassle

This step won't change anything about your PCN. But, if you don't think you will win an appeal, or your appeal has been unceremoniously rejected, perhaps you'd like to get your money's worth for your PCN fee?

When you enter a car park, Ipserv collects all kinds of personal data on you from its ANPR and CCTV cameras. You've implicitly agreed to their contract (but of course, not reviewed or signed anything) by driving into a car park. Often you'll need to pass by their ANPR cameras before you can even see the contract - so they've already collected personal data on you. When they receive your vehicle keeper details from you (or, they request them without your consent from the DVLA or vehicle hirer), then they now have an unquestionable obligation to you under the laws that govern the storage and processing of your personal data: GDPR. Remember, Ipserv is a private company and not the council so they have to comply fully.

You can read Ipserv's privacy policy for handling your data. It's questionably fluffy and open-ended for a privacy policy for your personal data. They state they could share your data with any 'business partner'. What's a business partner? That could literally mean anyone - and they certainly don't define it. They also state 'we will only hold the information for as long as is necessary for the purposes for which it was collected and in line with any contractual or legal obligations we are required to adhere to'. There are no statutory maximum data retention periods in GDPR, so they could legally keep it forever as, again, they don't define anything.

As a controller of your personal data, Ipserv is required by law to provide a full response of what they hold about you within 30 days if you formally request it. This process is called a 'Data Subject Access Request' (DSAR). It's as simple as sending Ipserv a formal letter. If it's your first DSAR to them then they cannot charge you.

Responding to DSARs is generally time-consuming and costly for the company as they have to manually collate everything from multiple systems. However, that's not your issue. Perhaps you'd really like to know what Ipserv holds on you? Sending a DSAR is easy. You can add your details into our Ipserv DSAR template letter, and email it to their Data Protection Officer (ipserv.dataprotection@ipserv.co.uk), or send it by recorded letter to their registered office address. They'll confirm receipt, then you'll get their response some time soon after.

Ipserv DSAR Template Letter

Privacy Breach Compensation

Again, this step won't change anything about your PCN, but you may want Ipserv to know how you feel. In the previous section we spoke about your rights to privacy as part of data protection and privacy laws. Well, it appears there may be some unusual things happening on Ipserv websites with your data.

Perhaps you got a PCN for a very minor mistake? Well, everyone makes mistakes - and as with the fee you were forced to pay for your PCN, it's only fair that everyone should have to pay for their mistakes. You'll notice if you go to the main website at ipserv.co.uk that you're asked to provide consent for cookies. That's legally required for GDPR compliance. If you find yourself appealing, or paying a PCN, you'll be sent to another website (ipserv.zatappeal.com and ipserv.ec6pay.com). Although it looks the same, this is a completely separate website, and it's handling your personal data differently.

Notice that the appeal and PCN payment websites never ask you for consent when you first access them? Oddly, behind the scenes a technical 'feature' means they're requesting your computer sends and retrieves things from Google because of a few technicalities (read the template letter attached below for those). That's arguably not GDPR-compliant as your data is being shared to an international entity without your knowledge or consent. A German court agreed that for the European version of GDPR and fined the company in question. Perhaps the UK courts will feel the same way if it went to court here? Either way, perhaps you'd like Ipserv to know that you noticed what they did with your personal data without your consent?

We've got a letter you can send to them to notify them. Chances are they'll ignore you, but this will undoubtedly raise some eyebrows with the risk it presents. The issue has been present in their websites for a long time, and no one seems to want to fix it. Again, add your details into our template letter, and email it to their Data Protection Officer (ipserv.dataprotection@ipserv.co.uk), or send it by recorded letter to their registered office address.

Ipserv Privacy Breach Template Letter