Signs planted and then pictures taken... Options

[Slumberished]

Hello from newbie, hope someone can help.

Whilst dropping my daughter off for her lesson, I parked on a parking bay adjacent to the main road near an industrial estate. This parking bay has been regularly used by parents dropping off their children and I have been doing this for more than a year. There are no signs indicating parking restriction of any kind.

Today on returning to the car I found a parking sign suddenly appeared in front of my car on a pole (wasn’t there 5 min before when I parked). Puzzled, I started looking around and noticed a guy planting signs (mostly placed in the hedge) and then taking pictures of cars parked. I confronted him but he just ignored me and continued to take pictures. The sign says £100 penalty for parking on private land.

Few of us exchanged details to be witnesses to this abhorent behaviour by that guy, just in case they issue a penalty notice. Is this legally enforceable? Thanks for your help.

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[MatchlessG80]

Would it be worthwhile - if the OP is inclined - to go back at some point soon and see if the signs are still there?

[Jlc]

What would be great is to see if this is a well rehearsed routine and film them doing it. It’s potentially criminal...

[Slumberished]

Many thanks to everyone for their comments. I'm happy to take any action even before the notice arrives. Please advise.

Shame that I coudnt video him planting the signs in the hedge but there are witnesses.

[MatchlessG80]

Just been looking at their website, specifically the privacy notice, where they say ....

'Complain
If you wish to raise a complaint about how your data has been handled please email dataprotectionofficer@selectparking.co.uk. If you are not satisfied with our resolution of your concern then please contact the Information Commissioner’s Office on 03301239765'

The number given does not take you to the ICO, but to ( ..... hold on ....) Moorcroft debt recovery ..... and I doubt they share their 'help' line with the ICO.

This post has been edited by MatchlessG80: Mon, 18 Jun 2018 - 11:36

[The Rookie]

I'd consider a pre-emptive strike on this
1/ To the DVLA informing them of what was observed and that their could be no reasonable cause if they apply for the RK data, back it up with formal complaints if/when they do.
2/ To them as RK, appealing on the sole basis of the sign erection and again mentioning potential breaches of the DPA 2018 if they obtain your data, may just head them off from doing it.

[ManxRed]

I'd consider a pre-emptive strike on this
1/ To the DVLA informing them of what was observed and that their could be no reasonable cause if they apply for the RK data, back it up with formal complaints if/when they do.
2/ To them as RK, appealing on the sole basis of the sign erection and again mentioning potential breaches of the DPA 2018 if they obtain your data, may just head them off from doing it.

But by doing #2, they won't need to do it.

[ostell]

If they don't contact the DVLA then they are lost in claiming against the keeper.

[nosferatu1001]

...and the quick way to confirm they havent used your DVLA info is to give a slightly "wrong" address for you, that would still result in the post being delivered.

[The Slithy Tove]

I'd consider a pre-emptive strike on this
1/ To the DVLA informing them of what was observed and that their could be no reasonable cause if they apply for the RK data, back it up with formal complaints if/when they do.
2/ To them as RK, appealing on the sole basis of the sign erection and again mentioning potential breaches of the DPA 2018 if they obtain your data, may just head them off from doing it.

Maybe include in #1 a GDPR-related point. Considering the circumstances, they (the data controller) must contact you first before handing over your details, particularly if there is not normally any manual intervention in this handover. There's a thread somewhere following this line (on MSE, I think). The DVLA will ignore, and have already pushed back on this approach. But the fact that you point this out now to them may be to your advantage later, when you can say "told you so" to the DVLA.

[The Rookie]

Maybe include in #1 a GDPR-related point. Considering the circumstances, they (the data controller) must contact you first before handing over your details,

I would disagree, its either lawful or its not, if it is lawful there is no need for the DC to contact the subject, if its unlawful they shouldn't be handing it over regardless, so I think that adds nothing.

[MatchlessG80]

Their web site now seems to have vanished (might be temporary), I complained to the ICO about them using the ICO logo (as many parking companies do to add spurious credibility to their activities - as far as I can see). I don't know if the events are related. Might be a case for trading standards.

[Redivi]

It's certainly reportable to Trading Standards if they reject an appeal regarding a car that was parked before the signs were erected

[Slumberished]

RK received the ‘Parking Charge Notice to Keeper’ today (11th July). Actually, the incident happened on 15th June.

However the notice says, Parking Charge Date of issue as 20th April !!! (nothing issued, no windscreen ticket, no ANPR, the attendant was busy taking some pictures on his mobile phone when I returned)

Don’t know what these cowboys are on about. Even If it’s 20th April, PCN was issued to RK more than 80 days since the incident. Please advise how to play with this PCN. Thank you.

This is the picture of the sign planted after parking.

[attachment=56536:select.jpg]

This post has been edited by Slumberished: Wed, 11 Jul 2018 - 16:16

[Jlc]

Does it claim keeper liability?

The DVLA needs to know about this... if the wrong date was used for KADOE then wrong keeper details could be in play.

[Slumberished]

Does not mention about keeper's liability. Ta.

This post has been edited by Slumberished: Wed, 11 Jul 2018 - 18:41

[Slumberished]

Adding further info:-

1. There is no information of when the breach occurred. Period of Parking- from N/A, To N/A
2. The stated place where the breach occurred is NOT where the car was parked. The address provided is a total lie and correspond to parking spaces in a series of industrial units on the other side of the road. The car was parked in unmarked parking spaces by the main road and far away from any industrial units.
3. No evidence of parking provided (APNR images, pictures etc)
4. Date and Time of Issue: 20th April. This predates the actual incident date. However, the car was also parked in the same place on 20th April (lessons for Children every Friday) but no signs were in place on that day. Hence I’m not sure if the PCN received today is related to my original topic.
5. RK was served PCN approximately after 81 days (going by the incident date as claimed). The footer of the letter states Notice to Keeper – non PoFA

How do we fight this please?

The appeal body is not POPLA but IAS which I understand is akin to asking turkeys to vote for Christmas.







This post has been edited by Slumberished: Wed, 11 Jul 2018 - 18:44

[bobthesod]

Slumberished

You haven't 'amended your original post to show that 'THE DRIVER PARKED>>>>.......THE DRIVER SAW>>>>>>......> as recommended

Please do it asap

[Slumberished]

Slumberished

You haven't 'amended your original post to show that 'THE DRIVER PARKED>>>>.......THE DRIVER SAW>>>>>>......> as recommended

Please do it asap

Thanks bobthesod. Sorry, but I cant edit, the edit option is not showing for me

Can a Mod do it please?

This post has been edited by Slumberished: Wed, 11 Jul 2018 - 19:15

[kommando]

Hit the report button and ask for assistance.

[Redivi]

Confirms our suspicions that the company is not the most ethical

Did you appeal that the signs were in process of being erected, as advised ?