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SchoolRunMum
Posted on: Yesterday, 22:31


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QUOTE (Glacier2 @ Tue, 15 Jan 2019 - 18:18) *
DRP can be ignored everywhere!


I agree.

Why do some people waste time & money of victims, replying to DRP then?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1451874 · Replies: 5 · Views: 161

SchoolRunMum
Posted on: Yesterday, 21:52


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Complain to Colin Hunt at Lancing Council who posted a 'testimonial' in favour of DE on their website.

Show him your evidence from your friend that the system is not working and that far too many people who enter their correct VRNs into the machine are getting PCNs. At the very least the keypad instructions must be faulty for this to arise in more than one case where you know the driver entered the details correctly. And one of the two PDTs that day was retained and a copy is attached, as proof that no PCN should have been raised and something about this operation is 'wrong' and the data is being misapplied/misused.

Tell him the Council seems to have brought itself into disrepute by thinking they can operate a Council car park by ANPR, using a notoriously aggressive private firm who cannot issue penalties or statutory fines (as the Lancing website misleadingly says to the public that they can).

Tell him this is a far more serious matter than sorting out teething problems and their use of ANPR is being discussed on a national forum, pepipoo.com, (District Enforcement will know it) and you believe that the Council should instruct District Enforcement to cease data capture and ticketing immediately. This is given the belief that Lancing Borough Council had powers under the TMA 2004 to manage this site, and the guidance indicates that private companies should not be used and such car parks cannot simply be 'opted out' of the TMA.

Refer him to read the letter from Robert Goodwill MP/Under Secretary of the Department of Transport dated 16th September 2014:

http://www.bexley-is-bonkers.co.uk/documen...tma_warning.pdf

...setting out relevant instructions to all parking managers, which made it clear that Council car parks that would otherwise fall within the TMA 2004 cannot be operated under contract law as if they were private land, or opted out in the way this site appears to have been. Further, all Councils will be aware that they are not allowed to operate their car parks using ANPR.

Using a private firm to try to circumvent this rule, yet leaving drivers with no recourse that they would have had under TMA 2004 (the IAS not being a valid 'appeal' option - Google it and the words 'kangaroo court' and also read from Hansard reports, what Parliament said about the IAS in February and November 2018 when debating the planned private parking Bill to stamp out the worst practices of the industry) is leaving the Council open to being reported to the Department of Transport and the DVLA.

Similarities might be drawn with Wycombe Council who tried to use ANPR and opt out their car parks from the TMA2004 and when this was reported to the relevant authorities, they were then banned from obtaining any DVLA data access and that Council were left unable to enforce any car park parking tickets, at all, in 2014 - 16. As you understand it, Wycombe Council tested this at Judicial Review and lost, finally removing the white elephant ANPR system two years later when they finally realised they could not use contract law in their car parks in question and operate them as if they were private land:

http://parking-prankster.blogspot.com/2014...banned-for.html

This current 'fine them and let a private firm sue them at arms' length, using what appears to informed readers as an out of control ANPR regime with no chance of fair independent or statutory appeal' set up that Lancing are attempting to impose on unsuspecting consumers could prove very damaging to the Council in the long term. It is certainly damaging its reputation at the moment in the short term, as the tickets are being issued like confetti, it appears, from all reports that have already appeared from victims within days of its implementation and indeed before it was intended to begin.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1451859 · Replies: 8 · Views: 127

SchoolRunMum
Posted on: Yesterday, 01:06


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I'd put him on your ignore list and press on!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1451520 · Replies: 94 · Views: 4,430

SchoolRunMum
Posted on: Yesterday, 01:04


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Thanks for that, I wasn't too sure but it seems worth mentioning as an aside in this OP's case, because with no reason given, who knows, it could be an emergency suspension sign put up minutes before the PCN and the 2 cars already parked there were quite possibly then unfairly penalised.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451518 · Replies: 13 · Views: 168

SchoolRunMum
Posted on: Yesterday, 00:18


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QUOTE
Website: Any vehicle found to have breached the terms of use will be issued with a statutory notice via the post.

Update: All vehicles that genuinely paid to park and received a Penalty Charge Notice will have these voided if they contact DE directly


So Lancing actually think and are telling the public (wrongly) that DE can issue 'penalty charge notices' under statute.

Errrrm...oh no they can't.

Watching this with interest and I sincerely hope that Lancing Council have seen this thread and realise they are on a sticky wicket. Questions will be asked bout operating this car park as if it was private land and with ANPR. Councils are not allowed to use ANPR in their car parks.

The pay or appeal 'click here' buttons are not even working on D's website, what a shoddy farce this is:

http://www.district-enforcement.co.uk/contact-us.html

I see Colin Hunt of Lancing Parish Council recommends DE on there, saying:

QUOTE
{DE have} ...helped in the change to P&D and have responded promptly and responsibly to issues {of course they do, you are the hand that feeds!}.

THIS HAS HELPED EASE THE NEW P&D REGIME WHICH SO EASILY COULD HAVE BEEN DAMAGING TO THE COUNCIL...!


Even if this PCN is cancelled, for the sake of other victims, oldstone97 please push for an answer to this:

QUOTE
Further to my enquiry can you please advise me if this land is "relevant land" according to paragraph 3 of POFA and whether there can be keeper liability. Could you please also provide details of the Parking Place Orders for that particular Car Park
  Forum: Private Parking Tickets & Clamping · Post Preview: #1451498 · Replies: 20 · Views: 368

SchoolRunMum
Posted on: Mon, 14 Jan 2019 - 23:35


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Wandsworth do say this:

http://www.wandsworth.gov.uk/info/200417/d...ay_suspension/4

QUOTE
How we suspend parking spaces
We suspend parking spaces by:

leafleting nearby cars and households
displaying a warning sign (at least four working days before start of suspension)



QUOTE
Emergency suspensions
If a suspension relates to an emergency it is usually not be possible to provide advance warning.


Did they leaflet nearby cars & households?

You may as well do an informal appeal with the guidance of the regulars, and ask whether this was a Domestic suspended bay, in which case why were you not leafleted being a resident living opposite and why wasn't the sign there 'at least four working days before start of suspension' as promised on their website?

Or was it an emergency suspension? If so, when was the sign put up and why is there no 'reason' given so that motorists can tell why/when the sign went up?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451484 · Replies: 13 · Views: 168

SchoolRunMum
Posted on: Mon, 14 Jan 2019 - 23:08


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QUOTE
£110 is a higher rate penalty in a Band B area, so nothing wrong there.


OK, thanks for the quick reply and I'm not trying to hijack the thread!! Seems I am wrong - it has been a while since I appealed a Council PCN and never a suspended bay one.

Never mind, in my relative's case I have other bullets, I reckon.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451476 · Replies: 13 · Views: 168

SchoolRunMum
Posted on: Mon, 14 Jan 2019 - 23:00


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A relative also has a similar PCN in Wandsworth similar sign and PCN sum and I am a bit rusty with these at the mo.

So for the experts:

- is it an issue that the Suspended Bay has no 'reason' shown? Same in my relative's case.

- how about the fact that code 21 according to London Councils, should be Higher rate (£130) but Wandsworth printed the above ticket and my relative's as Lower £110?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451473 · Replies: 13 · Views: 168

SchoolRunMum
Posted on: Sat, 12 Jan 2019 - 23:28


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QUOTE
Beach Green Lancing West Sussex


I know it well, but had no idea Beach Green had let DE in, nearish to me. And that the Parish Council reckon they can run their car parks as if they were private land.

Oh no they can't!

QUOTE
Interestingly enough the Lancing parish council website says

Please be aware that from Monday, 7 January 2019, Beach Green car park will be operating via an AUTO NUMBER PLATE RECOGNITION (ANPR) system.


Haha, this'll be fun. This is like the Wycombe ANPR thing that cost them so much money.

I think I know someone on the Beach Green residents association, so I will ask her about it soonish.

QUOTE
Anybody else agree with me?


Yes, 100% and the Council need a shot up their bows telling them about the Wycombe farce that bargepole championed.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450730 · Replies: 20 · Views: 368

SchoolRunMum
Posted on: Sat, 12 Jan 2019 - 23:16


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No. A complaint.

And you are not sending PE a 'letter' nor a 'defence'.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450723 · Replies: 11 · Views: 170

SchoolRunMum
Posted on: Sat, 12 Jan 2019 - 00:30


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Next step after AOS on MCOL is to read other defence threads and show us your first draft, that's your priority.

The complaint to the landowner should haev been done ages ago and it;s too late in most cases after court proceedings have begun.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450408 · Replies: 151 · Views: 5,166

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 23:39


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Use the Legal Beagles SAR template.

PE will definitely sue, so not trying the retailer complaint earlier was a mistake, may as well try while awaiting your SAR.

Also, how about writing to the Retail Park management and asking:

- can they cancel the PCN?

- if not, is it because they are now not in contract with PE?

- can they confirm in writing, to assist you when PE now sue you, and restore your faith in the retail park's ethics:

(a) why PE were removed, and

(b) was it because they or the retailers wanted customers to have more parking time due to complaints, and PE refused?

© do they support your view that given the complaints they must have had, it is true to say that in their view, 2 hours was not enough for customers and they wanted 3 hours?


All of the above would be fantastic to have in writing and if you got it soon, you could email it to PE and say you intend to use it in court, and tell them they should cancel rather than pursue a revenge claim re a site contract they recently lost due to the 2 hours not being enough and all the complaints that locals made*.



*I know you don't know that...just say it anyway...bound to be the case and proven by the change to Smart & 3 hours.


  Forum: Private Parking Tickets & Clamping · Post Preview: #1450397 · Replies: 23 · Views: 663

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 23:16


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QUOTE (Maisiemoo22 @ Fri, 11 Jan 2019 - 16:05) *
Challenged this PCN on the grounds suggested and just received email from CP Plus stating they are taking no further action.
Didn't even need to go to POPLA. Absolute result.
Many thanks to all who helped..



Easy when you know how, re the likes of CP Plus, isn't it?!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450392 · Replies: 8 · Views: 180

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 23:14


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QUOTE
We don't know who it was, he knows I park there.


So the owner authorises you to park there and you have a permit, so I can see why you've been parking there. No problem IMHO, just like any authorised/permitted visitor.

Keep the illegible ticket and all letters and ask the owner for a copy of their lease, NOW, in readiness in case PPS try a small claim (ask now in case the owner doesn't stay there and no longer has the lease when you need it to defend a claim!). PPS are useless at claims, you can read plenty on this forum where the evidence is diabolical.

Maybe the rogue parker was (possibly) the ticketer. Seen that before. It would be in their interests to displace other cars then go round ticketing.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450391 · Replies: 15 · Views: 260

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 23:08


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Best course is as already advised, unless you prefer to wait to be sued, as CEL do to ignorers.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450389 · Replies: 6 · Views: 130

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 23:06


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QUOTE
parked on a non-lit car park


Photos taken in the dark, lots of them, embedded into the POPLA appeal story document, to lead the Assessor to the right decision easily.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450388 · Replies: 30 · Views: 636

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 23:05


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But you didn't send a SAR yet, so do that, PE have their pwn privacy page for such things.

It also buys you more time to complain to the landowner/retailer, who can always cancel a PE PCN before court action starts, and this is last gasp time. Should have have done that much earlier when PE were their contractor...may as well try now but you did say:

QUOTE
the site is now managed by Smart Parking - this change has happened in the past week as well. The terms by Smart Parking are more generous with 3 hours free parking and a pay and display machine if you want to stay longer than that.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1450387 · Replies: 23 · Views: 663

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 23:00


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Anyway the appellant will also have to enclose with that appeal:

- a copy of the relative's Blue Badge and state that it is believed a grandparent was in the car with the driver and here is their BB, and they can't understand why VCS' ticketer didn't see it and the appellant wants to see all photos taken of the car the dashboard, any other part of the car and the signage

- the email from the Ltd company that says 'sort it' as proof that they have been authorised to appeal this PCN which is not addressed to them.

Make sure the appellant only refers to the parking event in a way that doesn't imply who parked (be careful with adding words to ostell's template about the BB) and make sure the appellant includes their full name and postal address, to make sure all letters come to them in future. Takes the Ltd company out of the equation.

The employer Ltd Company were meant to name the hirer/keeper to transfer liability to that person. Why don't they know this...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450386 · Replies: 11 · Views: 162

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 22:51


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Search this forum or MSE for POPLA ParkingEye Golden Ticket (you could Google that phrase too - lots of examples). Copy one from 2018. You will win.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450382 · Replies: 23 · Views: 479

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 22:48


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ParkingEye must be getting more desperate, or have realised that the great British public are so naive and deluded about 'parking tickets' that some will pay anything for a discount. Quite shocking really.

I've never seen them issue a 10 minute PCN before (only 11 mins and more). They know that 10 mins is reasonable and covered by the BPA Grace period rule.

I'd be tempted to send that to Steve Clark and ask if he knows PE have forgotten about the 10 minute grace period rule:

steve.c@britishparking.co.uk

I'd like to see him try to defend that one.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450381 · Replies: 11 · Views: 170

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 21:50


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Now try what I said to do!

QUOTE
Are you suggesting I should email to the enforcement address and use their form on the privacy page instead?


Yep, and you'd have had better replies from the right PE Dept, and much quicker. NO-ONE here fills in reply forms.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1450362 · Replies: 23 · Views: 663

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 21:26


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Same as the other 2017 Britannia case near the top right now, please read it as it saves us repeating ourselves about non-POFA NTKs, and why the keeper cannot be held liable.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450353 · Replies: 8 · Views: 133

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 21:24


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QUOTE
CP Plus Site Down, Can't pay ticket


Good!

Of course you don't pay this!

It's a railway Penalty but from CP Plus, and if you simply send them the template from the MSE NEWBIES thread they will cancel within weeks. Saw one like it only last month. If the system for appealing it is down, complain to Steve Clark at the BPA:

steve.c@britishparking.co.uk

obviously NEVER NEVER saying who was driving.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1450352 · Replies: 5 · Views: 145

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 21:18


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You should also have used the up to date signage POPLA point from MSE which is far longer than yours.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450349 · Replies: 30 · Views: 636

SchoolRunMum
Posted on: Fri, 11 Jan 2019 - 21:17


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QUOTE
Are there any templates for requesting the information they hold (SAR) ?


Yes, Legal Beagles have one but you don't POST it to Britannia:

https://legalbeagles.info/library/guides_an...access-request/

You go to their Privacy page contact and email them.

And yep that old 2017 NTK is non-POFA as it doesn't have the wording needed to hold a keeper liable.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1450348 · Replies: 23 · Views: 1,985

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