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Private parking charge Lewes laura ashley

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RandymartianRandymartian Forumite
6 posts
I have been disputing a ticket I received via cctv enforcement outside Lewes laura Ashley. I had always assumed that the spots were for laura ashley customers and when my wife said pick me up there I just did it.

I pulled in for 4 minutes and all was good until I got a letter from parking enforcement in Brighton. The letter was a charge not a fine and I should have just kept quiet in hindsight but I wrote and explained I had not even parked and that I was the driver not my wife who was the registered keeper and who the letter was addressed to

I thought they would go away as it was so ridiculous but no they did not

I then went through the IAS appeals process and they said pay up as well but they had still not changed the Addressee of the demand for payment

Anyway I ignored it for a couple months as it thought they were jokers and earlier in the month I got a letter from Gladstones solicitors demanding I pay up or else's court action and CCJs beckon

The main reason for my dispute that was registered with the company and IAS was that the signs cannot be read from the car and I was there forn4 minutes without switching my engine off.

I went to write the letter to Gladstones this evening and I noticed that my wife should have informed them that I was the driver rather than me. Are they going to get out of the fact that I have told them twice that I am the driver and that I dispute he ticket on the basis that my wife has never informed them of this?

Any advice

Thanks
Andy
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Replies

  • edited 30 December 2016 at 7:40PM
    pappa_golfpappa_golf Forumite
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    edited 30 December 2016 at 7:40PM
    parking enforcement in Brighton.

    please can you tell us the full name (and address) of this company ,

    gladstomnes are solisitors , but often rent out their notepaper to debt collectors , a hint might be WHO wants paying (for example debt recovery plus)

    the full name of the company please

    *PS , gladstones ARE ithe IAS , small sour world innit
    Save a Rachael

    buy a share in crapita
  • SystemSystem Forumite
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    AFAIK this is Sussex Security Solutions

    Who does the Gladstones letter say to pay. If it is DRPL then file it.
  • pappa_golfpappa_golf Forumite
    8.9K posts
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    and from a company that are not even in a AOS

    Sussex Security Solutions Ltd (Trading As Parking Enforcement)

    18/11/2013
    Membership Expired with the IAS on 17/11/16
    Save a Rachael

    buy a share in crapita
  • hoohoohoohoo Forumite
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    If you were there for 4 minutes it is likely any charge is not legitimate as either the grace period was not exceeded, or the signage was 'forbidding' (ie forbidding you to park.

    There are several court cases which confirm this. This will mean that the parking company are potentially committing a data protection breach in pursuing you, and this month one company was successfully sued for £250 for pursuing an invalid charge.

    One you are on the Gladstones bandwagon I heave never known them not to file a claim. There is therefore a strategic advantage by 'getting in first', by filing a claim before they do.

    Gladstones sell their services to the parking company on the economic basis that most people are frightened of court and pay up. By filing a claim you are putting the parking company on notice that this will go to a hearing, and therefore they are going to be hundreds of pounds out of pocket, whatever the result.

    Small claims are a lottery and a win is not guaranteed, but the economics are in your favour.

    If this is attractive, start with a letter before claim to the parking company.

    My name and address information (together with other information) is classified as personal data within the meaning of s1(1) of the Data Protections Act (DPA). You are misusing this data by attempting to claim a charge is do when there is no possibility a lawful reason exists. Additionally you may only obtain and use this data from the DVLA for parking, and not for stopping.

    This is therefore a breach of data principle 1 (data must be used lawfully) and 2 (data must only be used for the purpose provided).

    The case of Vidal-Hall v Google Inc [2014] EWHC 13 (QB) provides authority that misuse of personal data is a tort and that damages may be non-pecuniary. The case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 provides authority that a reasonable sum for compensation would be £750.

    The case of VCS v Phillip, claim number C9DP2D6C Liverpool 07/12/2016, while not binding, concerns a motorist sent a parking charge sent by yourself for briefly stopping at Liverpool Business Park. The signage there has the equivalent wording to the signage in this case. This is therefore a persuasive case that a DPA breach occurs when a parking charge is not legitimately pursued, and that a sum of at least £250 is compensation for pursuing a purported parking charge when there is no reasonable prospect of success.

    Please therefore remit the sum of £250 sum to myself 14 days. I will accept this sum in full and final compensation for the matter. I reserve the right to take legal action without further notice if this amount is not paid.

    I am willing to use alternative dispute resolution to attempt to settle this dispute and suggest the Consumer Ombudsman is a suitable body

    Letter before claim

    My name and address were provided to you for the sole purpose of requiring you to cancel the parking charge and for no other reason. Specifically, it was not provided to you for the purpose of pursuing a parking charge. Additionally, your charge is invalid because the grace period was not exceeded; additionally no contract was in place by performance; additionally the signage does not create a contract; even if it did, the contract is non-binding by consumer law; even if it was the charge is an unfair consumer term.

    My name and address information (together with other information) is classified as personal data within the meaning of s1(1) of the Data Protections Act (DPA). You are misusing this data by pursuing a parking charge

    This is therefore a breach of data principle 1 (data must be used lawfully) and 2 (data must only be used for the purpose provided).

    The case of Vidal-Hall v Google Inc [2014] EWHC 13 (QB) provides authority that misuse of personal data is a tort and that damages may be non-pecuniary. The case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 provides authority that a reasonable sum for compensation would be £750.

    The case of VCS v Phillip, claim number C9DP2D6C Liverpool 07/12/2016, while not binding, is persuasive that a DPA breach occurs when a parking charge is not legitimately pursued, and that a sum of at least £250 is compensation for pursuing a purported parking charge when there is no reasonable prospect of success.


    Please therefore remit the sum of £250 sum to myself 14 days. I will accept this sum in full and final compensation for the matter. I reserve the right to take legal action without further notice if this amount is not paid.

    I am willing to use alternative dispute resolution to attempt to settle this dispute and suggest the Consumer Ombudsman is a suitable body
    Dedicated to driving up standards in parking
  • hoohoohoohoo Forumite
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    If you can provide a photo of the signage I can give an opinion as to if it is 'forbidding' or not.
    Dedicated to driving up standards in parking
  • Coupon-madCoupon-mad Forumite
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    Are you saying the demands are still coming to the keeper (your wife) despite you appealing as driver? Even better for you both.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi everyone

    The company is Parking enforcement suite 200, 91 western road Brighton

    I will attach a photo of signage when on a pc later

    And the letter is threatening court action on the basis that I have not paid debt recovery plus

    I was ignoring as it all looked like debt re overly templates that I have seen in my working life but when I checked the solicitors online there seemed to be cases of people going to court

    Cheers
    Andy
  • Coupon-madCoupon-mad Forumite
    95.1K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    Are you saying the demands are still coming to the keeper (your wife) despite you appealing as driver?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • yes the demands for payment are still coming to my wife despite 2 letters from me saying I was the driver. This is one of the reasons I have ignored it until now as they seemed totally crap but then I rewound to the first demand to my wife saying she had to state who the driver was rather than me writing and saying it was me. I then got worried as I realised I could have messed up!

    Thanks
    Andy
  • edited 30 December 2016 at 11:05PM
    Coupon-madCoupon-mad Forumite
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    edited 30 December 2016 at 11:05PM
    The point is, that's good. They are misusing her data which means:

    - she can sue them (or threaten a counter-claim) for DPA breach for a three figure sum.

    - Your wife can't be held liable for the parking charge under any rule of law or even by assumption. Did you keep proof of your letters/get replies to your letters and did you make it clear you were driving?
    earlier in the month I got a letter from Gladstones solicitors demanding I pay up or else's court action and CCJs beckon

    You need to get the response right and send it in the name of the registered keeper, as discussed in this thread on pepipoo:

    http://forums.pepipoo.com/index.php?showtopic=110577

    and this one which your wife could use some of the wording from:

    http://forums.moneysavingexpert.com/showthread.php?p=71831982#post71831982

    and see this:

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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