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flash park flyer on windscreen

It looks as if I have been photographed parking on private land. I think this only because of a generic flyer from flash park on my windscreen. It suggested how to be a member, how to report and how to correctly take photographs of offenders.

I parked there as our office car park was full. I know we don't operate a permit system and had no idea that the other units did for their car parking. I never would have parked on private land had I known. Here lies the problem. Driving into the car park I didn't see anything obvious about parking and can categorically say I didn't see the sign so don't know anything about entering into a 'contract' as suggested on flash parks website. Having looked at street view online it looks as if there's a small sign right at the entrance that I must have passed to park. The sign isn't legible but I worry I don't have a case to appeal because it was there.

I am about to learn as much as I can in preparation for a fine coming through the door but just wondered if anyone knew off hand if I stand a chance of getting out of this because I genuinely didn't think I was doing anything wrong.

Please confirm a couple of things (if they are not already contained in your opening post)

For information I live in England, the incident happened in England, and I am the registered keeper of the car as well as the driver at the time of the wrong doing. Any help would be very much appreciated.

Comments

  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There would normally have been an 'official' windscreen ticket, dressed up like a council penalty charge envelope (yellow packet), but without any legal standing. Often PPC's stick a ticket on, take a picture then remove it and the first the keeper knows about it is when they get a Notice to Keeper (NtK) in the post, between days 29 and 56 after the parking event.

    Are you sure this flyer is not a warning notice that the site is shortly to be 'managed' by the PPC? Whatever, you just have to wait to see if a NtK comes through the post.

    Meantime read through the NEWBIES FAQ sticky, as the more you understand this stuff, the better you will deal with it - if (in your case) anything arrives in the post.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Half_way
    Half_way Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I am about to learn as much as I can in preparation for a fine coming through the door
    you have much to learn.

    You say flyer, and then something about how to be a member, how to report and so on, could you post this flyer up - assuming it is a flyer and not a notice to keeper, looks like they could be touting for business.
    A lot of these self ticket operations feature a kickback where the person ticketing gets a kickback from any parking charges issued/paid and i wouldnt be surprised if theres a referal scheme operating as well - hence the incentive in placing flyers on cars touting for business.

    Were there any other cars in the car park with similar flyers?

    May I suggest obtaining some pepipoo flyers and doing your own bit of flyer - ing
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A lot of these self ticket operations feature a kickback where the person ticketing gets a kickback from any parking charges issued/paid and i wouldnt be surprised if theres a referal scheme operating as well - hence the incentive in placing flyers on cars touting for business

    I think you're right Half-way. Have a look through their website.

    http://www.flashpark.co.uk/HowItWorks.aspx

    Well they're up a gumtree with the MO described there! Norris Cole takes photo on his Samsung, uploads it overnight to FlashPark and they send out a NtK within a few days. That procedure is only appropriate with ANPR - and a Samsung ain't that - if they want to invoke keeper liability.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • frugirl
    frugirl Posts: 14 Forumite
    I will go get the flyer and upload.

    The car next to me had one on theirs but I didn't see any more in the rows behind.

    Thanks for your feedback guys. Much appreciated. Be right back.
  • frugirl
    frugirl Posts: 14 Forumite
    wmbktu.jpg

    vg60q9.jpg
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks for posting. Quite baffled at why that was placed on your car? Maybe a wet-behind-the-ears photographer, not quite sure what he's doing?

    He may have uploaded a photo - just sit tight and see what transpires. Keep us posted, it's good to get feedback, especially with out of the ordinary activity. :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • frugirl
    frugirl Posts: 14 Forumite
    My husband has had a look for me this evening and seen the flashpark warning sign at the entrance of the car park. Looks like the system is already in place. Maybe a warning. I suspect I will be back asking for further help in a few weeks Best swot up eh?

    Thanks :)
  • Coupon-mad
    Coupon-mad Posts: 161,380 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep this will be a cinch to appeal and win if you get a 'PCN' in the post. Any postal PCN would fall into this easy to win at POPLA 'drive-away' style case:

    https://forums.moneysavingexpert.com/discussion/comment/66800253#Comment_66800253

    Very easy to argue at POPLA as this is Vehicle Control Solutions Ltd t/as Flashpark Ltd (who are BPA AOS members). As others have said they can't issue immediate photo PCNs without ANPR. Not allowed by the BPA or the DVLA, no audit trail. The POPLA appeal linked there explains all that in the final appeal point, with proof of the DVLA KADOE rules shown.

    So let's wait and see and the link above shows you how to appeal and then the POPLA appeal to amend to suit.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • frugirl
    frugirl Posts: 14 Forumite
    Thank you very much. I feel almost affronted should they request my details from DVLA when they are in breach of contract and have no right to do so.

    I do expect something through the post but thank you all because I need not worry. I'll confer with you should I need to appeal. Thank you :)
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