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Phantom overnight stay in Asda car park, How best to challenge Parking Eye?
DodgyCameras2
post Sat, 7 Nov 2020 - 13:05
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Hello,

I've had to set up a new account but you guys here helped me with a parking 'ticket' a few years ago so hopefully you can again here too.

A relative has a Parking Charge Notice from Parking Eye for Asda Boldon for an overnight stay, but she did not park there. Parking Eye include two very dark photos of the rear of the vehicle with time stamps, but as she didn't go into the car park it seems these are actually her passing the roundabout outside Asda, which she does every day. Nothing is visible on the photos other than rear lights and the number plate.

What's the best approach here? Is it enough to reply in writing to Parking Eye saying they've made a mistake and then assume they won't progress the claim as they know they've not really got evidence? or as they have some sort of photos would the burden of proof be on us to prove they were faulty or pointing the wrong way? We're taking photos of the camera positions in case it's needed but hopefully this can be cleared up much more easily than having to go to court and prove their cameras are picking up the roundabout. It's tempting to pay the money and save the time and hassle of dealing with it, but then what's to stop them issuing more claims like this in the future? Potentially every day.

Thanks
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post Sat, 7 Nov 2020 - 13:05
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stamfordman
post Sat, 7 Nov 2020 - 13:08
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This is a private PCN and I've asked for a move to right section.
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DodgyCameras2
post Sat, 7 Nov 2020 - 13:11
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Ooops. My Bad. Thanks.
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ostell
post Sat, 7 Nov 2020 - 16:26
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Yes write to PE pointing out the car was not in the car park overnight, indeed it was not even in the car park. Point out that the photos taken are both of the rear of the vehicle so it can not be entry and exit. Tell them that it would appear that the images were taken outside the site, in particular on the roundabout, and requesting your details from the DVLA without good reason is a serious breach of GDPR. You do not expect to hear from them, or any other company they care to hire, again apart from notification that no further action will be taken on this matter

This post has been edited by ostell: Sat, 7 Nov 2020 - 16:27
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Jlc
post Sat, 7 Nov 2020 - 17:37
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You know what - I can quite believe the camera here could be snapping drivers on the roundabout!

They shouldn't be using 2 rear photo's for starters...

QUOTE (DodgyCameras2 @ Sat, 7 Nov 2020 - 13:05) *
It's tempting to pay the money and save the time and hassle of dealing with it, but then what's to stop them issuing more claims like this in the future? Potentially every day.

Are you serious? It's tempting to pay if one had breach the conditions but not in this situation!

I would make the initial letter fairly strong - quite simply they have access personal information without any reasonable cause and it is causing distress. It's not an appeal, but a demand to cancel the PCN and cease processing immediately.

QUOTE (DodgyCameras2 @ Sat, 7 Nov 2020 - 13:05) *
Parking Eye include two very dark photos of the rear of the vehicle with time stamps, but as she didn't go into the car park it seems these are actually her passing the roundabout outside Asda, which she does every day. Nothing is visible on the photos other than rear lights and the number plate.

Unless she reversed in the first time the photo's clearly do not show the vehicle entering/leaving the car park!

This post has been edited by Jlc: Sat, 7 Nov 2020 - 17:35


--------------------
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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Half_way
post Sun, 8 Nov 2020 - 11:24
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QUOTE
It's tempting to pay the money and save the time and hassle of dealing with it, but then what's to stop them issuing more claims like this in the future? Potentially every day.

Whats to stop them from making claims like tis i the furutre?
This is a regular occurance with ANPR, where two visits are counted as one and if i was on the end of it i would look at starting a GDPR claim against ASDA over the actions of its agents.
GDPR states that data gathered must be accurate and fit for purpose, if ASDA through their agents pakrig eye are relying only on automated data with no checks then that raises a big red flag as far as GDPR compliance goes.
A reasonable check would be a manual patrol of the car park once a vehicle is flagged as an overstay, in order to verify or dispose of the automated data
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Jlc
post Sun, 8 Nov 2020 - 11:27
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They seem to have forgotten this:

QUOTE
22.2 Quality checks: before you issue a parking charge
notice you must carry out a manual quality check of the
ANPR images to reduce errors and make sure that it is
appropriate to take action.



Two rear shots screams error! (I suspect it's the different days that's triggered the issue)

This post has been edited by Jlc: Sun, 8 Nov 2020 - 11:28


--------------------
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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DodgyCameras2
post Sun, 8 Nov 2020 - 14:28
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Thank you all for these excellent responses and sharing your knowledge.

I have drafted a response to Parking Eye based upon them and passed it on.


QUOTE (Jlc @ Sat, 7 Nov 2020 - 17:37) *
QUOTE (DodgyCameras2 @ Sat, 7 Nov 2020 - 13:05) *
It's tempting to pay the money and save the time and hassle of dealing with it, but then what's to stop them issuing more claims like this in the future? Potentially every day.

Are you serious? It's tempting to pay if one had breach the conditions but not in this situation!


QUOTE (DodgyCameras2 @ Sat, 7 Nov 2020 - 13:05) *
Parking Eye include two very dark photos of the rear of the vehicle with time stamps, but as she didn't go into the car park it seems these are actually her passing the roundabout outside Asda, which she does every day. Nothing is visible on the photos other than rear lights and the number plate.

Unless she reversed in the first time the photo's clearly do not show the vehicle entering/leaving the car park!


I've fought a few tickets over the years. Mostly great, but a couple of them definitely cost a lot more in my time than I saved in money. I'd have been better off using that time to take a few hours more work and just paying the charge to make it go away, hence my reluctance to get drawn into another long complicated battle. This case however seems like a slam dunk. One letter and they'll go away. Many thanks for your help on this.
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Jlc
post Sun, 8 Nov 2020 - 14:51
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QUOTE (DodgyCameras2 @ Sun, 8 Nov 2020 - 14:28) *
I've fought a few tickets over the years. Mostly great, but a couple of them definitely cost a lot more in my time than I saved in money. I'd have been better off using that time to take a few hours more work and just paying the charge to make it go away, hence my reluctance to get drawn into another long complicated battle. This case however seems like a slam dunk. One letter and they'll go away. Many thanks for your help on this.

Yes, I get your point. This case appears to be a no brainer to fight


--------------------
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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The D Team
post Wed, 2 Dec 2020 - 18:25
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If your relative has google timeline or similar you may be able to extract info of their journeys for that very time, proving they rounded the roundabout and did not go in.
You shouldn't need that though, I'd say that if the company doesn't apologise then they really deserve to be reported for this nonsense
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