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Port of Wells Car Park
marklondon
post Mon, 22 Jul 2019 - 18:54
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Hi All,
We've received a parking ticket for not purchasing a ticket when visiting the car park at Wells, Norfolk.
They sent images of the car arriving in the car park and then leaving the car park about 25 minutes later with no record of a ticket being purchased,
We appealed to say that the driver didn't park as there were no spaces available. The driver waited in the centre of the car park for about 20 minutes until a space became available.
Once in the space the drivers partner almost immediately telephoned to ask them to come back to collect them and their elderly parents (typical sods law timing!) so the driver left the car park without paying.
The car was in an actual parking space for one or two minutes max. In the appeal I asked Civil Enforcement Limited for evidence that the car was parked for the claimed 25 minutes but they have ignored that and said if I don't like it I can appeal to POPLA but if that fails I have to pay the full amount. At no time have I identified who the driver was.

Please can anyone help. This feels unfair as all the driver did was wait patiently for a space.

Thanks
Mark

This post has been edited by marklondon: Mon, 22 Jul 2019 - 18:56
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post Mon, 22 Jul 2019 - 18:54
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marklondon
post Wed, 15 Jan 2020 - 13:01
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An update to this long running saga.

The vehicle keeper wrote to CEL in November 2019 to explain they weren't the driver and gave the drivers name and address.
CEL wrote back...
"We refer to your correspondence.
According to our records, the above Parking Charge Notice is outstanding at £100.
Payment can be made at... etc.

Then a couple of weeks ago the keeper gets another letter saying they have 14 days to pay or third party agents will engaged.


How can I stop them harassing the keeper and move the attention to the driver?

This post has been edited by marklondon: Wed, 15 Jan 2020 - 13:02
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nosferatu1001
post Wed, 15 Jan 2020 - 13:06
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Send them a letter before claim, stating that they are harassing the keeper who can have no liabiltiy in this matter as the drivers FULL NAME and SERVICEABLE ADDRESS was given in letters on X, Y, Z dates see the copies attached

You requre them to cease processing your data and aplogise for the harassment so caused, and you will accept that and canclelation of the charge notice as full settlement of the claim against them, if theyaccept this offer within 30 days. If they do not, you will issue a claim inthe county court, with no further notice, for a sum of £500 for their harassment and misuse of personal data.
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marklondon
post Wed, 15 Jan 2020 - 14:32
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Sounds perfect, thank you very much.
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marklondon
post Fri, 31 Jan 2020 - 14:11
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The keeper sent the letter suggested above and CEL have written back to inform the keeper that they are not able to accept any further appeals for the parking charge notice!

Can the keeper really take them to court for £500 now? That would be very satisfying.

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marklondon
post Sun, 2 Feb 2020 - 12:59
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Any advice on how to stop them harassing the keeper who was not the driver would be gratefully received.
Thanks
Mark
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Umkomaas
post Sun, 2 Feb 2020 - 16:14
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QUOTE (marklondon @ Sun, 2 Feb 2020 - 13:59) *
Any advice on how to stop them harassing the keeper who was not the driver would be gratefully received.
Thanks
Mark

As you've transferred liability to the driver and they've ignored that, complain to Gemma Dorans at the BPA.

Gemma.d@britishparking.co.uk

This post has been edited by Umkomaas: Sun, 2 Feb 2020 - 16:16
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marklondon
post Sun, 2 Feb 2020 - 22:34
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Thanks, I've emailed Gemma.
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nosferatu1001
post Mon, 3 Feb 2020 - 08:57
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Of cours eyou CAN sue them, anyone can raise a claim. Whether it will be *successful* is what we cannot g'tee

Did you send the response to their "appeals" team? Who did you send it to? They should have had a specific dept. to send a response to the LBA to - and your reply is from their appeals team. So, confirm you sent this to the right place please.

This post has been edited by nosferatu1001: Mon, 3 Feb 2020 - 08:58
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marklondon
post Sat, 8 Feb 2020 - 11:30
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I wrote to the address at the top of their letters. It's the only address I have.
I have no knowledge of any individual departments that I should have addressed the letters to.
All I have is;
Civil Enforcement Ltd
Horton House
Exchange Flags
Liverpool
L2 3PF
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The Rookie
post Sat, 8 Feb 2020 - 11:39
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Personally I'd have sent this as a DPA issue, addressed to their data controller stating that they had no reasonable cause to continue to process the keepers data and that they are now in breach of GDPR and requiring to confirm that they have ceased processing immediately. I'd have suggested suitable compensation for the clear breach as being £100 or £60 if paid within 14 days.

This post has been edited by The Rookie: Sat, 8 Feb 2020 - 11:41


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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Rookies 1-0 Birmingham

PPC PCN's
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marklondon
post Sat, 8 Feb 2020 - 11:53
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If I knew anything about dpa or data controllers maybe i would have too!
I emailed Gemma as mentioned above and she's logged it as a complaint and has said she will look in to it so I'm hopeful she can sort it out.
Thanks
Mark
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The Rookie
post Sat, 8 Feb 2020 - 11:56
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Up to you, I would imagine the BPA kicking them may wake them up, but you could consider a complaint to the data controller as well.

This post has been edited by The Rookie: Sat, 8 Feb 2020 - 12:12


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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marklondon
post Sat, 8 Feb 2020 - 12:15
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Fair enough, thank you. If it doesn't work out with the BPA I'll research the data angle.
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marklondon
post Wed, 22 Apr 2020 - 17:54
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All cancelled as a "goodwill" gesture!

Gemma said...

I have investigated your complaint with the Operator and can advise as follows.



Civil Enforcement advised that the registered keeper appealed the parking charge notice stating that “there would be no admissions as to who was driving”. The appeal was rejected and a POPLA code was provided. A POPLA appeal was submitted (the driver details were still not provided) and POPLA found in favour of Civil Enforcement on the 2 October 2019.



On 18 November 2019 the registered keeper wrote to Civil Enforcement providing a name and address of the driver. However, unfortunately this was incorrectly treated as a further attempt to appeal. In view of this error, and as a gesture of goodwill, Civil Enforcement have cancelled the parking charge notice. A letter confirming this will be sent out to you.



In view of the above, I have closed the investigation.



All's well that ends well I guess!
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Umkomaas
post Wed, 22 Apr 2020 - 21:50
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Good result, thank for feedback.

Has it taken the BPA 2.5 months to confirm the cancellation?
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The Rookie
post Thu, 23 Apr 2020 - 08:12
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'gesture of goodwill', what, a little matter known as 'the law'.

Of course it proves what we have always known, they don't read letters - at all.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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marklondon
post Sun, 26 Apr 2020 - 19:24
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QUOTE (Umkomaas @ Wed, 22 Apr 2020 - 21:50) *
Good result, thank for feedback.

Has it taken the BPA 2.5 months to confirm the cancellation?


No, sorry, the delay was all mine. Life's been busy and I suddenly remembered that I hadn't let you all know how it turned out.
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