District enforcement PCNK, £50 charge ,but I had paid their fee Options

[oldstone97]

Hi, I have received a Parking Charge Notice To Keeper from District Enforcement today saying amount due £50 relating to "Reason For Issue No Payment Prior to Leaving"

The Driver parked (6/1/19)in what they thought was a council car park at Beach Green Lancing West Sussex and noted it was a ANPR car park expecting payment on exit, ( about £1.50) and paid the correct fee it asked for in the machine before going home, the driver inputted the registration number and checked on the tiny screen that it had the right Reg number and left.no receipt was offered or given.
Today I received the PCNK stating "The driver of the above vehicle is liable for a parking charge for the above amount which,at the date of this notice,remains unpaid in full."
and "YOU ARE NOW INVITED TO (1)Pay the unpaid parking charge (ii) if you were not the driver of the vehicle,to notify us of both the name of and a current address for service for the driver using the enclosed form AND pass this notice on to the driver.

They kindly offer a £25 option if I pay in 14 days as "A full and final settlement"

So what please is my best option, the driver had no problem with the fee and paid what they asked for in accord with their terms but without a receipt have no proof ,should I appeal to appeals@district-enforcement.co.uk then to the "independant appeals service" or ignore them?

All help greatly appreciated

This post has been edited by oldstone97: Sat, 12 Jan 2019 - 21:29

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[cabbyman]

Managed it, I hope:

Beach Green Car Park PPO

[oldstone97]

I have been in contact with both Lancing Parish Council and local press "The Evening Argus" and suggested they view this and the other thread about this car park.

Lancing Parish have still to reply to my request for clarification on the use of ANPR on their land so with a bit of luck the Argus Journo might get a suitable response from them.

[Umkomaas]

Are you contemplating a claim for breach of your DPA rights in terms of the PPC (under direction of the council ) accessing your personal data from the DVLA?

http://parking-prankster.blogspot.com/2017...0-for-data.html

[oldstone97]

Are you contemplating a claim for breach of your DPA rights in terms of the PPC (under direction of the council ) accessing your personal data from the DVLA?

http://parking-prankster.blogspot.com/2017...0-for-data.html

The response to my email requesting clarification of the "relevant land " query is.


Good Afternoon Mr xxx,


Further to your query, it can be confirmed that the operation and enforcement of parking control at Lancing Beach Green car park is effected under the Road Traffic Regulation Act 1984, not in pursuant to the Protection of Freedoms Act 2012.

I trust this response is to your satisfaction, but please do not hesitate to contact me if you have any further questions.

My response today is.

Thank you for your email, however my query remains unanswered, I regard my character has been called into question by a breach of my personal data and my good name besmirched unlawfully,.
The legality I Question is your right to employ a contractor who will use ANPR on land specifically excluded from such a scheme, who will breach my privacy by seeking personal data from DVLA, who will seek punitive damages for an alleged loss of
£1.50 and threaten me with court action and Baliffs. Who, including yourselves, have offered no apology. Nor even in my case, despite a specific request to them, confirmed they will not be expecting me to pay their Invoice, an invoice that might give others the impression it was a legitimate penalty charge notice from a Local Authority.
I wish to give your Council a chance to prove your right to use a private company and use ANPR as a means of enforcement before considering my right to seek redress for the slight on my character I believe has occurred.
I hope you can put my mind to rest and prove the legality of your ANPR and welcome your earliest reply.

Kind regards

[Intrigued]

I see Colin Hunt of Lancing Parish Council recommends DE on there, saying:

I choked on my coffee when I saw his name!


Colin Hunt was at Adur Council many years ago and was the person that organised and gave permission for the farsical wheel clamping that took place on Kingston Beach (where the lifeboat station is) when Shoreham Vehicle Auctions was located nearby

[oldstone97]

Are you contemplating a claim for breach of your DPA rights in terms of the PPC (under direction of the council ) accessing your personal data from the DVLA?

http://parking-prankster.blogspot.com/2017...0-for-data.html

The response to my email requesting clarification of the "relevant land " query is.


Good Afternoon Mr xxx,


Further to your query, it can be confirmed that the operation and enforcement of parking control at Lancing Beach Green car park is effected under the Road Traffic Regulation Act 1984, not in pursuant to the Protection of Freedoms Act 2012.

I trust this response is to your satisfaction, but please do not hesitate to contact me if you have any further questions.

My response today is.

Thank you for your email, however my query remains unanswered, I regard my character has been called into question by a breach of my personal data and my good name besmirched unlawfully,.
The legality I Question is your right to employ a contractor who will use ANPR on land specifically excluded from such a scheme, who will breach my privacy by seeking personal data from DVLA, who will seek punitive damages for an alleged loss of
£1.50 and threaten me with court action and Baliffs. Who, including yourselves, have offered no apology. Nor even in my case, despite a specific request to them, confirmed they will not be expecting me to pay their Invoice, an invoice that might give others the impression it was a legitimate penalty charge notice from a Local Authority.
I wish to give your Council a chance to prove your right to use a private company and use ANPR as a means of enforcement before considering my right to seek redress for the slight on my character I believe has occurred.
I hope you can put my mind to rest and prove the legality of your ANPR and welcome your earliest reply.

Kind regards

In response I got this

Good Morning Mr XXXX,



I can assure you that no slight of character has been implied or expressed.

District Enforcement Limited is an approved operator with the International Parking Community (the IPC) and Lancing Parish Council’s chosen contractor to operate, manage and administer the Council’s car parks. Their notices, signage and contracts are audited by their trade body to ensure that they have the lawful right to charge and that the charges do not misrepresent themselves as being from a local authority and they also abide by the Surveillance Camera Code of Practice. The car park operates as private land and the charges are issued under the contractual terms as displayed. The use of the ANPR system is a legitimate means of ensuring that users pay for their stay, which in turn contributes to the upkeep of this and other facilities in Lancing.

District Enforcement is sorry to all individuals affected by this error. They have assured me that all enquiries will be responded to, all incorrectly issued PCNs will be voided and confirmation offered where requested. If you would like to provide me with your PCN reference number I will happily forward this onto them to ensure you get a response.

Should you have any concerns regarding the PCN, please contact District Enforcement Limited directly and I’m sure they will assist you further.

[font="Arial Black"][/font] intrigued by the " The car park is operated as private land" statement in the above in response i sent

Can you then please advise me when this public land passed into ownership of Civil Enforcement, the date of which this land was sold off, and the tender process by which they came to purchase it.


The answer being


Good Afternoon Mr XXXX,

I can confirm that your pcn has been cancelled.

In respect of the car park land, this has been owned by Lancing Parish Council since the early 1900’s and is not leased in any way to the contractor.

I’m sorry if I have mislead you by describing it as ‘private land’. The operation of and enforcement of parking control is effected under the Road Traffic Regulation Act 1984.

So according to Lancing Parish Council the ANPR is legal because although it is council owned it operates as a private car park.

This post has been edited by oldstone97: Tue, 22 Jan 2019 - 18:20

[nosferatu1001]

Respond back, pointing out that Councils are banned from operating their land under contract law, and banned from using ANPR.
Remind them they were told this back in 2013

Then tell the DfT...