Stockport Peel Centre Parking |
Stockport Peel Centre Parking |
Wed, 29 Apr 2020 - 18:54
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#1
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
Hi All,
I received a Penelty Charge Notice from the operators of the Stockport Peel Centre recently relating to a visit to Curry's/PC World in February 2020 that I made. I entered my registration number in the machine followed by the £1 fee in the form of two 50p coins. I heard the gilloutine operate inside the machine, but a small slither of paper came out with just the day's date printed on it not the normal sized ticket with date, time, car registration number, etc printed on it. Despite this I assumed my registration details would be logged within the machine so just placed this slither of paper on the top of the dash & went to collect my order from Curry's. The lady waiting behine me saw what the machine had issued so she could be a potential witness. Not sure if anybody can help. Has anybody had a similar experiance with any of these newer machines at Stockport Peel Centre recently ? I am currently appealing this notice with POPLA having first appealed to Stockport Peel Centre, who dismissed my appeal as I am certain they always do with most appeals. Sadly what I should have done, (had I known what would happen) is taken pictures of the defective ticket to use as evidence, but it just never occurred to me that this was going to be an issue. I have used this car park many times when shopping at the shops it serves & never before had any issues. Since this issue though & through searching the internet I have found many people have had issues in the past at the same car park stretching back a number of years, but nobody seems to have had exactly the same issue as me, i.e. the defective ticket. Whatever happens now I will not, ever, use any of those shops again |
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Wed, 29 Apr 2020 - 18:54
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Thu, 12 Aug 2021 - 17:12
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#81
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Member Group: Members Posts: 4,365 Joined: 9 Apr 2021 Member No.: 112,205 |
For advice on your case you should start your own thread, as the circumstances will be different.
-------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Mon, 22 Nov 2021 - 10:33
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#82
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
More correspondance arrived today regarding this parking issue.
Enclosed in the envelope was another chance to pay Care Parking's invoice, from Debt Recovery Plus, which they now consider to be £160.00. Also accompanying this letter was a second letter, a Terminal Notice Pre-Legal Action. These letters have been addressed to the then Registered Keeper, (a company as it was a company car) although that vehicle has since been sold by the company. The driver at the time of the alleged incident has been identified, (sadly this was done before I knew about this web site) so surely any further correspondance should not be coming to the company ? [attachment=78438:parking2.jpg] Would I be correct in ignoring this latest correspondance, in line with previous advice from you good people ? Many thanks once again. |
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Mon, 22 Nov 2021 - 10:38
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#83
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Ignore debt collectors
Instruct care parking to cease and desist from contacting the company, as the drivers name AND serviceable address have been given (confirm the second part was done. Explicitly confirm this )and as such the company has no liability in this matter. |
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Mon, 22 Nov 2021 - 11:39
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#84
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
When you say "instruct" I'm guessing that is either by letter, (with proof of posting) or email ?
After the original Parking Charge Notice was received by the company, the reverse box was completed giving the driver's name & contact address. Care Parking were also notified of the driver's details in March 2020 by letter. All nine PCN's have been addressed to the company, albeit the same address. |
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Mon, 22 Nov 2021 - 11:44
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#85
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes, of course in writing. Never anything other than something yiu can, if needed, wave in front of a court.
So, assuming yiu gave a SERVICEABLE address, did the driver get any correspondence? If the company was the RK, or if on a lease was named as keeper by the hire company, then the only place they can write to initially is the company, as that's the address the dvla gives back |
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Mon, 22 Nov 2021 - 12:13
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#86
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
The original PCN was received by the company & it was completed the box, on the rear, giving the driver's details & a serviceable address for that driver.
The driver also wrote to Care Parking, (with proof of posting) disputing thier invoice to which they did reply using the details given in that letter, i.e. driver's name & address so they did have those details. Whether they have lost/mislaid those details now I do not know. The driver also wrote to Care Parking a second time requesting details from them, but they refused to disclose details of a possible witness quoting data protection laws. So, twice the driver has sent correspondance to Care Parking & receieved replies from them. There has, so far, been nine letters from debt collection companies all addressed to the registered keeper, a company & not the driver. This post has been edited by CAT3: Mon, 22 Nov 2021 - 12:15 |
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Mon, 22 Nov 2021 - 12:21
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#87
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So a clear breach of the data protection act by continuing to process the keeper's data without reasonable cause.
A letter based on this, and this alone, sent to their data controller may get them to stop. -------------------- 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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Mon, 22 Nov 2021 - 12:28
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#88
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Eh, it's a company, so not really a DPA issue.
I'd instruct to cease and desist and giving the reasons why as above |
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Mon, 22 Nov 2021 - 17:21
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#89
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
Eh, it's a company, so not really a DPA issue. I'd instruct to cease and desist and giving the reasons why as above Is there any sort of template on this forum for such a letter ? I've had a look, but can't find anything that I could adapt. I assume any letter from the company should refer to the case number & state something along the lines of, Dear Sirs, With reference to your Parking Charge Notice No.********, date of offence ********* , the company returned your initial invoice giving the details of the driver & their contact address at the time of the claimed offence. You have continued to send threatening letters from your debt collection companies to this company despite having this information. Please refrain from sending any further correspondance to this company & address any future invoices, etc to the person named previously. Yours, ******** Having already disclosed the driver's details, is there any requirement for the driver's details to be disclosed again. I'm thinking if they have lost the driver's details it's tough luck & they can't come back asking for the same information again, would this be correct ? |
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Mon, 22 Nov 2021 - 17:56
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#90
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
I said instruct. Tell. Don't ask. Not "please refrain"
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Mon, 22 Nov 2021 - 19:05
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#91
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
I said instruct. Tell. Don't ask. Not "please refrain" Ok, point taken, so more like this then ? Dear Sirs, With reference to your Parking Charge Notice No.********, date of offence ********* , the company has returned your initial invoice giving you the details of the driver & their contact address at the time of the claimed incident. You have continued to send threatening letters from your debt collection companies to this company despite having this information. You must forthwith, refrain from sending any further correspondance to this company regarding this matter & address any future correspondance to the person previously named. We do not expect to hear from you again regarding this matter. Yours, ******** Are there any laws, etc the company can quote in order to add weight to their letter should Care Parking ignore it's contents ? Also, any answers to the other questions raised in the earlier post. In particular this question, "Having already disclosed the driver's details, is there any requirement for the driver's details to be disclosed again. I'm thinking if they have lost the driver's details it's tough luck & they can't come back asking for the same information again, would this be correct ?" ? Many thanks again for any help/advice. |
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Mon, 22 Nov 2021 - 19:10
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#92
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Member Group: Members Posts: 4,365 Joined: 9 Apr 2021 Member No.: 112,205 |
It's not an offence as this isn't a criminal matter... Say 'alleged contravention' or 'date of event'.
If you have already sent the drivers details in writing then provided it was a valid address for service they should be using them. Make a note of the date you provided said details, and any proof of sending etc. In case it's useful down the line. -------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Mon, 22 Nov 2021 - 19:34
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#93
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
It's not an offence as this isn't a criminal matter... Say 'alleged contravention' or 'date of event'. If you have already sent the drivers details in writing then provided it was a valid address for service they should be using them. Make a note of the date you provided said details, and any proof of sending etc. In case it's useful down the line. OK, thank you. The driver has sent letters to Care Parking & they have responded to those letters so know the drivers identity & a valid, serviceable address. The driver also has "proof of posting" receipts for those letters. Sorry, also forgot to ask, should this letter be sent to Care Parking or the debt collection company ? This post has been edited by CAT3: Mon, 22 Nov 2021 - 19:43 |
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Mon, 22 Nov 2021 - 19:40
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#94
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
State "on x date you were provided with the drivers name and serviceable address. Make it certain.
Technically no, you don't have to provide it again. Depends on how much hassle the comp wants, of course. |
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Tue, 23 Nov 2021 - 07:07
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#95
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Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
It's not an offence as this isn't a criminal matter... Say 'alleged contravention' or 'date of event'. If you have already sent the drivers details in writing then provided it was a valid address for service they should be using them. Make a note of the date you provided said details, and any proof of sending etc. In case it's useful down the line. OK, thank you. The driver has sent letters to Care Parking & they have responded to those letters so know the drivers identity & a valid, serviceable address. The driver also has "proof of posting" receipts for those letters. Sorry, also forgot to ask, should this letter be sent to Care Parking or the debt collection company ? Always to the PPC and telling them to inform any third party agent of theirs to update their records similarly. |
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Tue, 23 Nov 2021 - 09:33
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#96
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
It's not an offence as this isn't a criminal matter... Say 'alleged contravention' or 'date of event'. If you have already sent the drivers details in writing then provided it was a valid address for service they should be using them. Make a note of the date you provided said details, and any proof of sending etc. In case it's useful down the line. OK, thank you. The driver has sent letters to Care Parking & they have responded to those letters so know the drivers identity & a valid, serviceable address. The driver also has "proof of posting" receipts for those letters. Sorry, also forgot to ask, should this letter be sent to Care Parking or the debt collection company ? Always to the PPC and telling them to inform any third party agent of theirs to update their records similarly. Many thanks. |
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Tue, 23 Nov 2021 - 10:32
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#97
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The driver has sent letters to Care Parking & they have responded to those letters so know the drivers identity & a valid, serviceable address. Jut to be clear, the driver contacting them isn't strictly relevant, it's the keeper contacting them and informing them of the drivers ID/address that matters. -------------------- 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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Tue, 23 Nov 2021 - 11:48
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#98
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Member Group: Members Posts: 64 Joined: 29 Apr 2020 Member No.: 108,591 |
The driver has sent letters to Care Parking & they have responded to those letters so know the drivers identity & a valid, serviceable address. Jut to be clear, the driver contacting them isn't strictly relevant, it's the keeper contacting them and informing them of the drivers ID/address that matters. When the company received the first Parking Charge Notice they returned it with the box filled in on its reverse side, giving the driver's details & serviceable address. Being naive they did not keep a copy of this PCN, just as the driver was naive & did not keep or photograph the defective parking ticket that the car park ticket machine issued. Both are wiser now after finding this extremely useful website !! |
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Tue, 23 Nov 2021 - 21:07
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#99
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
The driver contacting them is very relevant. If they know the identity and service address of the driven then they cannot claim from the keeper. It is not dependant on the keeper informing them
POFA 5 (1) (b) |
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