query about ticket

Coblcris

Most strange that this being processed by a Private Company.
As an aside: I would be concerned about data protection issues

The Car park in question is indeed a 'Pay and Display'.

If possible I would obtain a copy of the Traffic Order named at the top of the PCN. It is likely to be correct but the only way to confirm this is to see it.
Other than that this may be hard to win.

This is not a CPE issue so the PCN will be under the 1984 RTRA.

piratefairy

What is the data protection concern?

Can you suggest where I would be able to get hold of thisTraffic Order?

Coblcris

Personal data being revealed to companies of this type.


From the principal offices of the council.

piratefairy

I guess so. THe only details they would have presumably are that of any vehicle which had been issued a ticket, and the name on the cheque? As there didn't look to be anything to fill in with details of who the car was owned by / who was driving etc.

Coupon-mad

piratefairy wrote: »

The ticket doesn't state which car park as there are several. It just says the town name, "...town centre"! So not sure which to ask them about. I wasn't in the car, and it's not my ticket, so no idea which car park. Will try and get a scan for you though.

There is no mention of the RTA or TMA on the paper at all, just says "contravention of the Parking Regulations" and states:
"issued by authority of the borough of <town name> Off-Street Parking Places Order 2004 & 2005."


on the back of it under the payment details, which say send a chq to northampton address, it says
"failure to pay the excess charge is an offence under section 35a RTA 1984"
but that is the only mention of RTA, not at the top, and not on the front.

It sounds a bit like a thread on pepipoo from 2008/2009 here:

http://forums.pepipoo.com/index.php?showtopic=34782

It's worth reading that whole thread even though we never got the conclusion posted. It's an interesting read!

The carparkingpartnership did a dodgy tow as well as issuing a dodgy PCN and much info was provided on that thread about what the cpp and the Council had done wrong. The cpp use the Northampton address so that people think they might be connected to TEC - but they are not based in Northampton.

It sounds like the Council acting as a PPC and using the cpp to enforce it. Dodgy ground IMHO, but I don't know enough about it to advise.

I think you will need to post about this on pepipoo asap as it's a complicated one and their forum posters have a lot of experience. They would need to see a copy of the front & back of the PCN or standard charge (whatever they are calling it), posted as per the forum sticky 'how to post pictures'. And show pictures of the area of the car park and the signage, where the signs are, what the signs say, etc.

Register and post a new thread here after reading the FAQs and stickies:

http://forums.pepipoo.com/index.php?showforum=30

Do put a link to the old thread I quoted above and ask pepipoo whether your case is similar? They'll tell you whether it's the Council acting as a private parking company and what to do about it.


HTH

piratefairy

Ok, thank you - just reading through it all at the moment

Coblcris

Which is why the Order needs to be examined, among other reasons.