Ardpark ticket |
Ardpark ticket |
Tue, 26 Nov 2019 - 22:23
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#1
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
Hi,
Long story short, I was parked in a gym car park, to access this you have to drive through Magnet (kitchen showroom) car park, the gym is at the back. Ardpark manage Magnet's car park/ I got a parking ticket from Ardpark which says I parked in Magnet. Anyway I know I didnt park there so sent them an email to clear it up but they are holding firm. The ticket shows my car with (lights are on so moving) being picked up by one camera and another, but it doesnt show it parked up. I know I didnt park in Magnet car park, can I fight the ticket? Let me be clear at no point did I park in Magnet, I drove through it but didn't park there. Can I get given a ticket without evidence of being parked in the bay? I've attached the ticket, any help would be greatly appreciated. Image of ticket This post has been edited by arj7: Wed, 27 Nov 2019 - 09:13 |
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Tue, 26 Nov 2019 - 22:23
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Wed, 27 Nov 2019 - 08:12
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#2
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
I know no one has responded, but can I ask is the parking company legally required to provide me evidence of being parked, because in my PCN I just have two stills which shows me driving in and out but not parked?
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Wed, 27 Nov 2019 - 09:10
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#3
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
You can ask, they'll just say they only have ANPR and thats all they need
Obviously, the best way is to prove 1) the only way to the gym ca rpark is through magnet 2) That you were a patron of the gym - sign in records for example - that night and therefore 3) your car was on the balance of probabbiltiies parked in the gym car park I presume you can do that. |
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Wed, 27 Nov 2019 - 09:25
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#4
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
You can ask, they'll just say they only have ANPR and thats all they need Obviously, the best way is to prove 1) the only way to the gym ca rpark is through magnet 2) That you were a patron of the gym - sign in records for example - that night and therefore 3) your car was on the balance of probabbiltiies parked in the gym car park I presume you can do that. Hi many thanks for the reply, this whole business has me very anxious, although its £60 for me its the principal of the whole thing. I know I wasnt parked in the car park, I did have a letter from the gym owner and told Ardpark if they had any queries to contact the gym owner but thats not working. I spoke to Magnet Preston and they couldnt give a toss |
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Wed, 27 Nov 2019 - 09:45
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#5
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
No part of that is what I asked you to prove
Can you do so? Ardpark wont give a toss as the gym is, presumably, not who hired them. If you tell magnet that their agent (Ardpark) has accessed your data without due cause, which means that they are in breach of the DPA2018 (aka GDPR), which means you can sue their agent AND MAGNET under the principal of vicarious liability should they refuse to cancel, they may pay attention Mention Vidal-Hall v Google as this is binding precedent for the fact that montary damages do not need to be proven in cases of a breach of data protection. |
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Wed, 27 Nov 2019 - 10:00
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#6
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
No part of that is what I asked you to prove Can you do so? Ardpark wont give a toss as the gym is, presumably, not who hired them. If you tell magnet that their agent (Ardpark) has accessed your data without due cause, which means that they are in breach of the DPA2018 (aka GDPR), which means you can sue their agent AND MAGNET under the principal of vicarious liability should they refuse to cancel, they may pay attention Mention Vidal-Hall v Google as this is binding precedent for the fact that montary damages do not need to be proven in cases of a breach of data protection. I will get proof from the gym, but there is no photograph of me parked there, there isnt any evidence of me parked in their car park either. Ok with regards to Magnet, should I send this to their main email address or the specific store, I'm not really proficient in legal parking letters so may require some help |
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Wed, 27 Nov 2019 - 10:23
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#7
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I will get proof from the gym, but there is no photograph of me parked there, there isnt any evidence of me parked in their car park either. Read what was written,that wasn't what you've been told is it? -------------------- 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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Wed, 27 Nov 2019 - 10:34
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#8
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
I will get proof from the gym, but there is no photograph of me parked there, there isnt any evidence of me parked in their car park either. Read what was written,that wasn't what you've been told is it? Obviously, the best way is to prove 1) the only way to the gym ca rpark is through magnet - yes this is true, I can state this and proof I have to drive through to access it 2) That you were a patron of the gym - sign in records for example - that night and therefore 3) your car was on the balance of probabbiltiies parked in the gym car park On that basis that can prove it? Sorry I misunderstood what you asked |
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Wed, 27 Nov 2019 - 11:12
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#9
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
As everyone needs to drive though the Magnet car park to go the Ironman Building Centre then they must be issuing tickets like confetti?
I presume there's a terminal in the gym to validate staying there? What do the signs say? I spoke to Magnet Preston and they couldnt give a toss Perhaps you won't be buying a kitchen from them then? -------------------- 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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 27 Nov 2019 - 11:19
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#10
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
As everyone needs to drive though the Magnet car park to go the Ironman Building Centre then they must be issuing tickets like confetti? I presume there's a terminal in the gym to validate staying there? What do the signs say? I spoke to Magnet Preston and they couldnt give a toss Perhaps you won't be buying a kitchen from them then? I need to go back and check all the signs but its 100% not their car park behind magnet, you drive in and past the trade entrance I presume thats where the cameras got me going in and out. Funnily enough I was with someone else and their ticket got cancelled near enough straight away. Mine on the other hand has not been, I initially emailed them and told them there had been a mix up, I said please check your cameras and that will clear it up. They replied with 'we checked the cameras for this date and found no evidence you parked in the gym car park and as such our decision stands' I know they havent checked it because I know where I parked. I honestly wish I had a dashcam! I will not be buying a kitchen from there thats for sure! This post has been edited by arj7: Wed, 27 Nov 2019 - 11:19 |
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Wed, 27 Nov 2019 - 11:53
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#11
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
No Ardpark signs anywhere in that car park? Have Ardpark only recently moved in? You definitely have no way of getting ot the gym any other way in?
Theres no template You complain to MAGNET head office, that their AGENT has obtained your details UNLAWFULLY and you were parked in X carpark, behind their store. You require they instruct their AGENT to cancel the ticket, otherwise you will hold them liable fo tthe damages caused by their data protection breach. Mention GDPR. It should concentrate their minds. s |
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Wed, 27 Nov 2019 - 12:24
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#12
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
No Ardpark signs anywhere in that car park? Have Ardpark only recently moved in? You definitely have no way of getting ot the gym any other way in? Theres no template You complain to MAGNET head office, that their AGENT has obtained your details UNLAWFULLY and you were parked in X carpark, behind their store. You require they instruct their AGENT to cancel the ticket, otherwise you will hold them liable fo tthe damages caused by their data protection breach. Mention GDPR. It should concentrate their minds. s Not sure if this link works https://www.google.com/maps/@53.7629177,-2....3312!8i6656 But as you can see there is no way in without going into Magnet. There are parking notices in the Magnet car park, but there is no parking notice in the gym car park, its right in the back, you wouldnt park there unless you are going to the gym. It makes more sense to park on the road than Magnet itself. Im trying to find details for head office I can only find the address, no email address. Should I write a letter? ARDpark to me seem like chancers, I would love to chase them for money! |
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Wed, 27 Nov 2019 - 13:38
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#13
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes, I know you know = im saying you may need to prove this to a court, and having overhead maps and being able to point out that there is simply no way to get there other than through this car park.
They dont have cctv, just ANPR, presumably? If it is only on the entry and exit I dont know how they can possibly check if anyone is in the gyms car park, it needs actually to have cameras on THAT exit as well - basically, every way in an d out of magnet car park needs an ANPR camera. Just write a bloody letter then. First class free proof of posting. |
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Wed, 27 Nov 2019 - 14:04
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#14
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
Yes, I know you know = im saying you may need to prove this to a court, and having overhead maps and being able to point out that there is simply no way to get there other than through this car park. They dont have cctv, just ANPR, presumably? If it is only on the entry and exit I dont know how they can possibly check if anyone is in the gyms car park, it needs actually to have cameras on THAT exit as well - basically, every way in an d out of magnet car park needs an ANPR camera. Just write a bloody letter then. First class free proof of posting. They must not have CCTV because if they did they would see I didn't stop in the car park. Ive got head offices email address, I shall send over what you sent, how does this sound? ---- I received a parking ticket from ArdPark - ARDxxxxxx Dated 5/11/2019 I attended the gym, submitted proof of doing so and the ticket has not been rescinded. I drove through your car park to Iron man, nothing more I did not stop or park in your car park and you had no right to access my data. Therefore I have no choice but to take legal action. Magnet your agent (Ardpark) has accessed my data without due cause, which means that you are in breach of the DPA2018 (aka GDPR), which means I can sue your agent AND MAGNET under the principal of vicarious liability should you refuse to cancel. I point you to Vidal-Hall v Google as this is binding precedent for the fact that montary damages do not need to be proven in cases of a breach of data protection. Regards This post has been edited by arj7: Wed, 27 Nov 2019 - 14:07 |
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Wed, 27 Nov 2019 - 14:07
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#15
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Therefore I have no choice but to take legal action. I'd hold off on wording like this for now... Go and check the site and signage first. (Not by driving in...) The usual setup is a validation terminal inside the gym - but got photo's of signage etc. -------------------- 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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 27 Nov 2019 - 14:19
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#16
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
Therefore I have no choice but to take legal action. I'd hold off on wording like this for now... Go and check the site and signage first. (Not by driving in...) The usual setup is a validation terminal inside the gym - but got photo's of signage etc. I will remove that line. Ok i will check, no point driving into it thats for sure! It so much hassle doing this, like i said before if I actually did it i would suck it up and pay but why they are making me jump through so many hoops is anyones guess |
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Wed, 27 Nov 2019 - 15:05
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#17
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
JLC - are you sure?
Given it sounds like these are two DIFFERENT car parks, and the gym car park is NOT controlled by Ardpark. |
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Wed, 27 Nov 2019 - 15:32
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#18
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
I am going to send this email off to head office with the legal bit removed. Wish me luck
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Wed, 27 Nov 2019 - 15:45
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#19
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
NO
Show us your revised draft. Youve just blindly copied and pasted my typos, for example Why the rush? Do yo uunderstand one of the points of a forum is to gather multiple eyes looking at the topic? |
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Wed, 27 Nov 2019 - 15:52
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#20
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Member Group: Members Posts: 36 Joined: 26 Nov 2019 Member No.: 106,811 |
sorry thought I shouldnt waste time.. Please see below
To whom it may concern, I received a parking ticket from ArdPark - ARDxxxxx Dated 5/11/2019 I attended the gym, submitted proof of doing so and the ticket has not been rescinded. I drove through your car park to the Ironman Gym, I did not stop or park in your car park and you had no right to access my data. Magnet your agent (Ardpark) has accessed my data without due cause, which means that you are in breach of the DPA2018 (aka GDPR), which means I can sue your agent AND MAGNET under the principal of vicarious liability should you refuse to cancel. I point you to Vidal-Hall vs Google Inc as this is binding precedent for the fact that monetary damages do not need to be proven in cases of a breach of data protection. Regards |
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