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Select Parking Ltd NtK- no ticket issue & using phone manually for VRN capture
hhan
post Thu, 12 Jul 2018 - 08:04
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Starting a new thread, as someone recently had the same experience with this company called Select Parking Ltd, issuing ticket in a business park in Langley and operating from a Uxbridge virtual office.

The car was driven into this car park to turn around. There was a guy walking around with a mobile phone camera and taking pictures as vehicles were entering and leaving.

Date & Time of issue: 05/05/2018 (no time) - printed in the notice.

Notice to Keeper received : 11th July 2018


Images of the ticket received by post yesterday.
[attachment=56571:Page1.jpg]
[attachment=56572:Page2.jpg]
[attachment=56573:Page3.jpg]

This post has been edited by hhan: Thu, 12 Jul 2018 - 18:02
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post Thu, 12 Jul 2018 - 08:04
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ostell
post Thu, 12 Jul 2018 - 08:24
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Edit your post, and those on the other thread your burst into, so that the identity of the driver cannot be inferred. Use "The driver..... " etc.

Great chunks of POFA are missing from that Notice. Here's POFA. Check section 9. Note 9 says "Must". How many bits are missing? 9 (2) (f) I think is not there. There can be no keeper liability. The driver still stays liabile but they do not know the name of the driver, unless you tell them, and you do not have to.

Even their letter states, on the bottom "NONPOFA".

Search for a suitable BOGOFF response, amend to suit and post here for critique before you send.

This post has been edited by ostell: Thu, 12 Jul 2018 - 08:25
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Jlc
post Thu, 12 Jul 2018 - 08:53
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My suspicion is they are not planning to take any of these to court but initiate the usual barrage of letters where many will simply pay up.

However, these tactics which could be 'predatory' will get the attention of someone eventually that will spoil their fun.

Erecting signs and then taking snaps is potentially criminal.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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hhan
post Thu, 12 Jul 2018 - 08:59
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Ok, I have edited.
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ostell
post Thu, 12 Jul 2018 - 10:14
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Oh no you haven't, not on this thread. You have edited the picture (and I can't see them anymore) but not the body of the post. If they don't know the identity of the driver then they will not be going further. If they have a hint of the driver then they will continue and probably win in court. You will be snatching defeat out of the jaws of victory.

The parking companies follow these forums and have been known to use printouts as evidence.

There are lots of required items missing from the letter, period of parking for a start. It is not optional.

This post has been edited by ostell: Thu, 12 Jul 2018 - 10:20
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nosferatu1001
post Thu, 12 Jul 2018 - 10:36
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So you edit the post and DO NOT identify the driver. Call them "the driver" and nothing more. No "I", "she", "he" etc.

You are the keeper.
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Slumberished
post Thu, 12 Jul 2018 - 10:59
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Having received a similar PCN, in the same boat as OP smile.gif

However, in our case the vehicle was NOT parked in the place they are stating
No evidence of vehicle actually parked
No duration of parking

My other thread about signs planted and then pictures taken is unrelated to this PCN. I'm drafting a complaint to Slough Trading Standards as we have both video evidence of planting signs and witnesses to vouch it. Time to give that weasel a taste of his own medicine !!
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Slumberished
post Thu, 12 Jul 2018 - 12:15
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BOGOFF Template rolleyes.gif ?

I am the keeper of vehicle xxxxx responding to your Parking Charge Notice (PCN) xxxx. The PCN fails to comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012, namely, but not limited to, 9 (2) (f), failing to give the keeper notice of possible liability. I cannot have any liability in this matter. I have no requirement in law to provide details of the driver at the time of the event and will not be doing so.

We do not expect to hear from you again, other than to confirm that there will be no further action and our personal details are deleted from your systems
.





This post has been edited by Slumberished: Thu, 12 Jul 2018 - 12:19
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hhan
post Thu, 12 Jul 2018 - 17:30
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QUOTE (Slumberished @ Thu, 12 Jul 2018 - 11:59) *
Having received a similar PCN, in the same boat as OP smile.gif

However, in our case the vehicle was NOT parked in the place they are stating
No evidence of vehicle actually parked
No duration of parking

My other thread about signs planted and then pictures taken is unrelated to this PCN. I'm drafting a complaint to Slough Trading Standards as we have both video evidence of planting signs and witnesses to vouch it. Time to give that weasel a taste of his own medicine !!



Yes,saw your other post and is exactly same situation.
The car was driven inside the business estate to turn around from the main road right infront of A-YEE tuition (name disguised)
While reversing, this tall asian chap was seen standing right behind and taking pictures of cars (which were really parked and unattended) using his mobile phone.
Obviously, he was cleverly saving money making use of the pixel capture and storage technology available for in his personal mobile phone for DVLA VRN keeper request.

NtK, does not state a period (From-n/a To-n/a), however it does state unauthorised parking- which appears to be a breach both Ntk issued cases .
Even if he was fully recording the entry and exit into the car park, would have barely got footage for 2 minutes video capture inside the estate. How enforceable is that as "parking"?

This post has been edited by hhan: Thu, 12 Jul 2018 - 18:01
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hhan
post Thu, 12 Jul 2018 - 17:47
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QUOTE (ostell @ Thu, 12 Jul 2018 - 11:14) *
Oh no you haven't, not on this thread. You have edited the picture (and I can't see them anymore) but not the body of the post. If they don't know the identity of the driver then they will not be going further. If they have a hint of the driver then they will continue and probably win in court. You will be snatching defeat out of the jaws of victory.

The parking companies follow these forums and have been known to use printouts as evidence.

There are lots of required items missing from the letter, period of parking for a start. It is not optional.


Ok, Understood, thanks & modified mine. will upload with editing the image text later in the evening.

This post has been edited by hhan: Thu, 12 Jul 2018 - 18:07
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ostell
post Thu, 12 Jul 2018 - 19:24
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"unauthorised parking" suggests that there can be no contract and no breach and no charge for breach. At best it is tresspass and only the landowner can take action

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Slumberished
post Fri, 13 Jul 2018 - 10:25
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This guy is so unprofessional running up to people's cars, blocking the way and taking pictures in his mobile phone. He will very well know driving into a parking area and then leaving immediately is not a parking violation in any way. That doesn't stop him dishing out letters though, since he can access to everyone's personal details through the not-fit for purpose DVLA. Only way to stop this guy is to take him out of business, which Trading Standards can do.
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hhan
post Fri, 13 Jul 2018 - 16:18
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QUOTE (Slumberished @ Fri, 13 Jul 2018 - 11:25) *
This guy is so unprofessional running up to people's cars, blocking the way and taking pictures in his mobile phone. He will very well know driving into a parking area and then leaving immediately is not a parking violation in any way. That doesn't stop him dishing out letters though, since he can access to everyone's personal details through the not-fit for purpose DVLA. Only way to stop this guy is to take him out of business, which Trading Standards can do.


Well, he has bills to pay - so he runs to people' car entering the estate with his mobile phone :-)

This post has been edited by hhan: Fri, 13 Jul 2018 - 16:18
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