ANPR (Double Dipping) - Berkeley Centre, Sheffield - Vehicle Control Services

WillPS

Thanks everyone for your replies!

Johno100 wrote: »

What does the NTK say is the reason for the ticket?

This is from one of the nearby retailers.



http://www.sheffphotoctre.com/about-our-company.html

So it sounds like this wasn't a case of double dipping but a return within a stated period 'infringement'.

I don't have the letter to hand, but there's no mention made of a repeat visit.

Castle wrote: »

Are they claiming your vehicle stayed 21 hours and 25 minutes, because that would suggest another visit the next day!

Apologies, 21:25 is the alleged leaving time, so they allege the driver overstayed by 25 mins.

Half_way wrote: »

I would be looking at finding the management company, (Tesco crar parks re usually infested with highview) and as this was a double dip going for them - especially the management company who took on VCS for a breach of the data protection act as they had no business obtaining your data.
the management company are jointly and severally liable for the actions of their agents

What would be the best way to do this?

Northlakes

GSV shows the entrance signs and it states,

Lambert Smith Tel: 01142753752

The parking signage looks incredibly small lettering which will help your cause.

http://www.instantstreetview.com/@53.369669,-1.493729,-175.61h,-2.43p,4.8z

Have you no records at all of being elsewhere, sent E-mails petrol receipts etc?

The_Slithy_Tove

Johno100 wrote: »

What does the NTK say is the reason for the ticket?

This is from one of the nearby retailers.
It is usually easy to park your car in the Berkeley Precinct car park ( 2 hours free parking - but do not leave, return, and park within 5 hours or you get a fine..)

So it sounds like this wasn't a case of double dipping but a return within a stated period 'infringement'.

If those are the conditions of parking, then I would go in heavy with Tesco. Do they really think that locating their store on a site with such ridiculous "rules" is good for trade in what is, in effeect, a convenience store when people will inevitably pop in, and pop back in later. They will lose trade that way, so should apply some pressure on their landlord, else risk them moving to somewhere more accommodating.

The_Deep

or I can go to the IAS - but they are saying if I do this and my appeal fails I will have to pay £100.

No, you pay nothing. ANPR cameras are said to have only a 90% accuracy.


All that matters is what a judge thinks, and double dipping cases in court are very unlikely to suceed.

Read this

https://bmpa.zendesk.com/hc/en-us/articles/206377599-ParkingEye-V-Mr-O-Double-Dip-at-Morrisons

Coupon-mad

You do not 'have to' pay anything, as The Deep says. But I do NOT recommend trying the IAS, you will already know why from reading post #3 of the NEWBIES thread where that stage is explained.

WillPS

Tesco Customer Service have got back in touch this morning - apparently the car park has a 5 hour no return clause. I'm going to bring up that this is a ridiculous stipulation for a convenience store and escalate it to the CEO.

My issue is - if that 'no return' period is true, is the driver on a hiding to nothing?
The NTK alleges a violation took place which didn't, but the evidence the driver returned to the car park inside 5 hours is there.

I think the charge is a complete nonsense but does the driver have a leg to stand on?

Is the 'refuse to deal with IAS, I suggest the consumer ombudsmen' letter linked in the newbies thread a good option?

Northlakes

The_Deep wrote: »

or I can go to the IAS - but they are saying if I do this and my appeal fails I will have to pay £100.

No, you pay nothing. ANPR cameras are said to have only a 90% accuracy.


All that matters is what a judge thinks, and double dipping cases in court are very unlikely to suceed.

Read this

https://bmpa.zendesk.com/hc/en-us/articles/206377599-ParkingEye-V-Mr-O-Double-Dip-at-Morrisons

As you say this is a nonsense for a convenience store retail park.

Firstly contact the managing agents and get them to cancel.

The alleged contract can only be the driver and that could be different driver on each occasion.

VCS NTK's aren't POFA compliant so only the driver can be held accountable.

So don't waste any time on a ICS appeal as this will go nowhere.

Await a load of dross from debt collectors but keep the letters safe.
These letters get nastier as they go along so I'm now of the opinion, in certain circumstances, to do a debt denial letter if the keeper wasn't the driver stating that these letters should be addressed to the driver and are causing you (the keeper) distress.

Others will know what I'm hinting at.

Castle

WillPS wrote: »

My issue is - if that 'no return' period is true, is the driver on a hiding to nothing?
The NTK alleges a violation took place which didn't, but the evidence the driver returned to the car park inside 5 hours is there.

If the no return within 5 hours was true then on the second visit the same driver is trespassing because there is no offer of parking. VCS don't have any evidence of a second visit otherwise they wouldn't have issued the NTK in the first place.

You could ask Tescos if the 5 hours applies to the car or the driver!

Umkomaas

Suggest to them that two drivers used the car to visit the supermarket. Driver 2 had no idea that driver 1 had visited the store earlier in the day. Ask Tesco which driver do they think is liable?

Ask them what happens should the driver, on exiting the car park, realise they have forgotten an important item, do they return immediately (definite risk of a £100 fine) or would Tesco expect them to wait for 5 hours to return later (probably no fine) or go to Sainsbury's/Morrisons/Asda to get it (definitely no risk of any fine).

Perhaps this will get them to sit up and think this absolute nonsense through!

hoohoo

If they refuse to cancel, get into the habit of visiting twice a day with different drivers. Keep a photographic record of the driver.

If they issue charges sue for £250 a time for data protection violation.