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UK CPM - ANPR Whitfield McDonalds Dover
bubbaspaarx
post Fri, 18 Jan 2019 - 09:22
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Good morning everyone,

Yesterday the keeper received a Parking Charge Notice from CPM/UK Car Park Management from an ANPR camera in a 'car park' outside Whitfield McDonalds in Dover.

From the flow chart sticky, they think this may already be null and void due to receiving it more than 14 days after the alleged offence.

To give everyone a better understanding of the situation, the area where the driver parked is most certainly not a car park and is actually a road. The area outside of the McDonalds car park is operated by the neighbouring BP garage and it is themselves that have installed the cameras.

The driver has been using this area for the past 25 years without issue, it was a bit of shock to receive this notice. They understand that the cameras were installed in December and people have received PCN's for queueing into the McDonalds drive through. There's currently a petition to remove the cameras as they are unscrupulous.

Any and all help is greatly appreciated in this matter and they wish to pass on any assistance to others who have also been targeted by these particular cameras.


EDIT - I have adjusted the redactedness (i know this isn't a word) of photo.
Attached Image


This post has been edited by bubbaspaarx: Fri, 18 Jan 2019 - 11:31
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post Fri, 18 Jan 2019 - 09:22
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bearclaw
post Fri, 18 Jan 2019 - 09:25
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Ceratin it s a road? Can we have a google streetview to have a look?

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bubbaspaarx
post Fri, 18 Jan 2019 - 09:46
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It won't allow another pic at the moment but here is a google maps link. I have just had a look at the street view and can only see 1 tiny tiny sign facing the wrong direction

https://goo.gl/maps/rdtEY7Be7EP2
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bearclaw
post Fri, 18 Jan 2019 - 09:59
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Its not a public road but they are certainly out of time to go anywhere with this. Edit your post NOW to remove any inference who was driving. Use "the driver" and "the keeper"

Then send this.
Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the vehicle VRM above and am in receipt of the PCN you have issued.

I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give the warning to the keeper, inside of the prescribed period of 14 days. I have no liability and you cannot transfer that liability to me.

There is no legal requirement to identify the driver and I will not be doing so.

Any further communication from you regarding this matter, save from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct whose wasted costs will be yours to bear.

Yours etc.

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ostell
post Fri, 18 Jan 2019 - 09:59
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Edit your post so that the identity of the driver cannot be inferred. Use "the driver ....." etc.

If you're sure it is past 14 days (you have redacted the issue date) then:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


There are other errors on that PCN.

Either send by email and BCC yourself or first class post with free certificate of posting from a post office.

Do not appeal to the IAS, just wait to see if they take it to court. Come back if you get a letter before claim.
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Jlc
post Fri, 18 Jan 2019 - 10:59
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QUOTE (bubbaspaarx @ Fri, 18 Jan 2019 - 09:22) *
I think this may already be null and void due to receiving it more than 14 days after the alleged offence.

Unfortunately not 'null and void'. As the letter states they can pursue the driver. (But they have written to the keeper - there is no presumption that the keeper was driving as this can only be engaged by complying with the Protection of Freedoms Act)

However, they won't stop chasing and there's a good chance they'll raise a court claim.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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bearclaw
post Fri, 18 Jan 2019 - 11:28
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Bubba EDIT your post. I can still figure out who the driver was!
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bubbaspaarx
post Fri, 18 Jan 2019 - 11:33
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Hi everyone, thank you all for your speedy responses. Post edited (and also removed the redact on the issue date).

If you could confirm the calculation is correct, that would be great.

The road is a weird one as there is no way to get into McDonalds without going onto this roadway and as you can see from Google Maps, this area is used frequently by other drivers... not an excuse i know but a reality of the situation.

The keeper will put together an email for them.


QUOTE (bearclaw @ Fri, 18 Jan 2019 - 11:28) *
Bubba EDIT your post. I can still figure out who the driver was!


Whoops. Is that better?
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bearclaw
post Fri, 18 Jan 2019 - 11:55
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QUOTE (bubbaspaarx @ Fri, 18 Jan 2019 - 11:33) *
QUOTE (bearclaw @ Fri, 18 Jan 2019 - 11:28) *
Bubba EDIT your post. I can still figure out who the driver was!


Whoops. Is that better?



Looks better yes.
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ostell
post Fri, 18 Jan 2019 - 14:45
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The first post looks better now!!

Issuing on the 14th January for an incident in December is a no brainer, they are hoping you don't know POFA or haven't noticed.

Get that letter sent off now.
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cabbyman
post Sat, 19 Jan 2019 - 12:31
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They may want to push this all the way to court so, don't expect them to roll over with the first letter. Ostell's draft sets them up nicely to make a mess of rebuttal and maybe even leave them open for a costs claim for unreasonable behaviour.


--------------------
Cabbyman 10 PPCs 0
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bubbaspaarx
post Sat, 19 Jan 2019 - 12:59
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Does anyone know which addresses (email and postal) i should be sending this to? I can't work out if I should be sending it to the info@ email address or by post to one of their PO Box's or their office addresses in brighton or london... any help would be appreciated.
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ostell
post Sat, 19 Jan 2019 - 13:40
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Unless there is an appeal address on the back send it to the Lancing address. Certificate of posting etc.
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