Drive through private road in error

broadbean13

I've been issued a notice to keeper by Minster baywatch for driving through York college bus & taxi drop off road. Ive tried reading the newbie guide to see if the same parking templates apply but unsure?

Should I just appeal based on the same approach as private parking tickets? Many thanks for any assistance.

bazster

Yes a standard-style appeal will work, but you need to add that the Protection of Freedoms Act 2012 Schedule 4 applies to parking and only parking. There is no keeper liability for driving through a road.

You need to also complain to DVLA that your private details have been obtained wrongfully i.e. Minster Baywatch is using them to pursue you under PoFA 2012 as RK when there is no RK liability. Complain also that they are in breach of their KADOE contract for requesting keeper details over something that is not a parking charge.

broadbean13

That's great. Thanks for prompt reply. Can I clarify one point re dvla - the specific 'charge' is Unauthorised use of bus and taxi drop off/pick up , not actual use of the road. The camera is at the exit so they are assuming the driver stopped (which they didnt). Does this loophole allow them to request keeper details?

nigelbb

broadbean13 wrote: »

That's great. Thanks for prompt reply. Can I clarify one point re dvla - the specific 'charge' is Unauthorised use of bus and taxi drop off/pick up , not actual use of the road. The camera is at the exit so they are assuming the driver stopped (which they didnt). Does this loophole allow them to request keeper details?

No. Dropping off/Picking up is not parking.

DoaM

Are they invoking POFA for this NtK?

Is that bus & taxi lane on private land?

(Just want to make sure this is indeed an invoice and not a devolved penalty - i.e. York council authorising Minster Baywatch to issue penalty notices on their behalf. Unlikely I know, but ..........)

bazster

broadbean13 wrote: »

That's great. Thanks for prompt reply. Can I clarify one point re dvla - the specific 'charge' is Unauthorised use of bus and taxi drop off/pick up , not actual use of the road. The camera is at the exit so they are assuming the driver stopped (which they didnt). Does this loophole allow them to request keeper details?

Nope. Even if they could prove you stopped (which they can't) stopping to pick up/drop off is not parking. And you didn't stop anyway.

broadbean13

DoaM wrote: »

Are they invoking POFA for this NtK?

Is that bus & taxi lane on private land?

(Just want to make sure this is indeed an invoice and not a devolved penalty - i.e. York council authorising Minster Baywatch to issue penalty notices on their behalf. Unlikely I know, but ..........)

The NtK includes a number of references to schedule 4 of POFA 2012.
The bus/taxi lane is a one way road and may well be on private land, not sure how to check?
No mention of York council or indication of devolved penalty anywhere. Looks like invoice.


Will proceed with standard appeal and additional points indicated in previous posts. All support greatly appreciated

bazster

If it mentions POFA 2012 it's private, and it's also very, very wrong. Proceed as indicated

The_Slithy_Tove

This also deserves a strong complaint to the DVLA. I am sure Minster's KADOE agreement with DVLA covers "parking charges" only. This cannot under any stretch of the imagination be "parking". Therefore there has been a DPA breach for which the DVLA are complicit (as they have not done their required due diligence on the request).

There was an example recently where similar charges were being issued for passing a "no entry" sign which had no validity on private land. The landowners had to step in and stop that practice. May be worth finding out the landowner and making them aware of the unlawful activities of their agent, and the bad publicity for them that will go with it.


EDIT: Sorry, bazster, only just read your full post above, so I am repeating what's already been stated.

Umkomaas

Next thing, some of these operators will be purchasing speed cameras.

There'll still be plenty of traumatised mugs who'll pay up without a squeak!

Angelina_Ballerina

As a newly relocated staff member who does not drive - my partner has been dropping me off at York College in order to do my work- unaware of the 'rules' of the bus & taxi lane until an email was issued to all staff last Friday.
On getting home, we discovered 2 fines at £60 each waiting for us, have received 3 more this week & are expecting more!
Some advice would be gratefully received on how to play this as the amounts they are demanding are obviously rising but we have no intention of paying them.
Interestingly enough - all the fines received so far are for days when no students have been in college & this has apparently been done in the interests of student safety