PCM Parking Charge at Hayes and Harlington Station

Gooston

Wait, are you taking it to the IAS or refusing the use of IAS? I would appeal against the use of IAS personally. Glad this thread is of use, I've received a lot of private messages!

Timothea

Gooston wrote: »

Reading through it again, it seems the DVLA are also at fault for not taking the necessary steps to ensure that reasonable cause has been met. The way it is described to me, any individual would be able to get details of someone from the DVLA as long as they half some picture. The DVLA has taken no professional action here to ensure PCM have enough authority to obtain the keepers details: I've responded with the email below.

I'm afraid this won't go anywhere with DVLA. They should check that the reason given for requesting the keeper's personal information appears plausible, but they have no responsibility or the resources to check evidence or contracts. The question to DVLA should be, since you have shown that PCM did not have reasonable cause to obtain the keeper's details on multiple occasions, what are they going to do about it? You could add that, since writing about this on an internet forum, several other people have contacted you because they are in exactly the same situation regarding this location.

Have you sent the Section 10 Data Subject Notice to PCM yet? If not, do so now. Also, start to prepare a claim against PCM and Bally for multiple breaches of the DPA, as you might have to do that to get this resolved. A properly-argued Letter Berfore Action claiming thousands of pounds should stir Bally into action, especially if you tell them that this scam has been going on for years and you have been contacted by many other victims. You will get help if you are up for this.

kris007

Gooston wrote: »

Wait, are you taking it to the IAS or refusing the use of IAS? I would appeal against the use of IAS personally. Glad this thread is of use, I've received a lot of private messages!

Thanks Gooston for your message. I haven't appealed yet but was about to draft something today and sent to IAS.
From what i gather there are two ways from what you shared and also by looking into the IAS website - flowchart - theias.org/appeal-flow-chart
a) STANDARD APPEAL :
You may use the IAS to appeal FREE of charge.
The result will not be binding on you but will be binding on the operator.

b) NON-STANDARD APPEAL :
You will need to pay the non refundable appellants fee of £15
There are 2 potential outcomes:
If your appeal is ALLOWED: The parking charge is CANCELLED and any associated debt-recovery fees are also cancelled. This outcome is binding on the operator.
If your appeal is DECLINED: The parking charge has been considered to be lawful. You will be required to pay the charge, along with any debt-recovery fees that have been incurred up to the date of your appeal. This outcome is binding on you.

Now am thinking to do standard appeal first and if that is a negative then maybe use the non standard appeal? Since the results of the standard appeal is not binding or am i wrong in assuming that?:j

Timothea

kris007 wrote: »

Now am thinking to do standard appeal first and if that is a negative then maybe use the non standard appeal? Since the results of the standard appeal is not binding or am i wrong in assuming that?

1. You are wrong. Read it again. Only fools pay for IAS appeals.
2. IAS is not independent or fair, so there's little point in appealing at all.
3. Read the NEWBIES sticky thread. Then read it again.
4. Start your own thread. Please don't hijack this one.

Coupon-mad

Now am thinking to do standard appeal first and if that is a negative then maybe use the non standard appeal?

STOP!!!!!!!!! DO NOT TRY IAS AT ALL - AND NEVER, EVER PAY TO LOSE. NO.

nonononononononono!!!

Gooston

Kris007, as coupon-mad and Timothea said. Do NOT pay for it. If you want to go down the road of appeal to the IAS I recommend you start a new thread as there are some members for and against this.

Timothea I have not filed a section 10. I wouldn't even know where to stsrt, I'll have a look around the forums and internet and come back here for critique on what I've got

Timothea

Gooston wrote: »

I just received this email from the MP's office as well

Dear (my name)
We are sorry that (the driver) received a ticket.
We have received so many complaints about this company by innocent residents.
John has been battling with the company about their signage and unfair practice.
The issue is that part of the road is privately owned and therefore not even the council has jurisdiction over it. This did not affect us before because we had the turning point by the station which is not private. Now due to the Crossrail work, the turning point has been closed meaning we are entering and stopping on private land.
John is actively working with Trading Standards and other consumer groups in regard to this and will continue to do so.
He has written to the council to request that they put up their own signage to protect the residents, we are waiting for a response
John has also been working with British Motorist Protection Association who have been advising people on this. There details are below should you wish to contact them

BMPA
The Old Courthouse
Battle
East Sussex
TN33 0EX

01424400475

www.bmpa.eu

[EMAIL="contact@bmpa.eu"]contact@bmpa.eu[/EMAIL]

We are sorry that you have been caught by this practice.
Rest assured, John is doing all he can on this and will continue to do so
Best wishes Helen

Office Manager for John McDonnell MP

I had an idea to write to John McDonnell MP and ask him to ask a question in the House. However, he is not my MP and it would be better for this to come from someone (or more than one) who lives in his constituency.

Dear Mr McDonnell,

Thank you for your letter regarding the aggressive and unlawful private parking practices at Hayes and Harlington station. I know that you would like to do something to help.

Are you aware that this sort of thing is happening every day to thousands of innocent motorists across the country? Some private parking companies have discovered that they can issue tickets to almost anyone, aggressively pursue and threaten them with court action and make pots of money. This is because most people are scared of going court and they just pay up "to make it go away" even though they did nothing wrong.

Of course, parking management on private land is necessary in many cases. However, these private parking companies target everyone, not just the abusers. In retail parks, 95% of victims are genuine customers. In residential estates, 95% of victims are residents or their visitors.

The problem has been getting worse because the "good" parking management companies cannot compete with the "bad" ones, who pay landowners large sums for the privilege of farming their customers or residents. As a result, private parking enforcement is sprouting up in locations where parking was never a problem.

DVLA should be stopping this but it is happy to sit back and collect £2.50 from private parking companies each time it provides registered keeper details. The number of requests that DVLA gets for registered keeper details has soared over the last few years as private parking companies have become more widespread and more aggressive.

As well as clogging up the court system, these private parking companies pay no VAT and no business rates, because HMRC and local authorities are unwilling to act. This is costing the country millions of pounds each year. It is a scandal on the scale of PPI waiting to happen, although in this case there will be no compensation because these are small private companies, not big banks.

Perhaps you could raise this matter in the House when you next have your little tête-à-tête with Philip? We should at least hold the government to account for this sorry state of affairs.

Yours sincerely,

XX

In fact, everyone should send a letter like this to their MP!

Timothea

Gooston wrote: »

Timothea I have not filed a section 10. I wouldn't even know where to stsrt, I'll have a look around the forums and internet and come back here for critique on what I've got

There is an example Section 10 Data Subject Notice in post #1 of my Data Protection Act Guidance thread. You must adapt it to fit your particular circumstances, of course, but that should be straightforward.

Gooston

UPDATE 7: Not good news.


Received an email back from the DVLA that a new contract had been signed with the landowner back in November last year. I have a copy of the contract but am unable to upload it yet as I am at work, but I will when I get home.


But it states:
- 20 minutes max stay in all marked bays
- No parking/stopping/waiting outside of a marked bay at any-time including drop & collection
- Resident permit parking in all allocated bays (gated areas)


Then goes to say Ballymore authorise them to operate in the area etc.


I will upload the full contract but I'm not sure where to go from here.

Coupon-mad

One wonders if that document was really signed last November...