PCM Parking Charge at Hayes and Harlington Station

Timothea

The Road Traffic Regulation Act 1984, as amended (RTRA) does not define "parking" so the OED definition is as good a definition as any.

It should be noted that both the RTRA and the Highway Code talk about "parking", "waiting", "loading or unloading" and "setting down or picking up passengers", each as a separate activity, with the term "stopping" encompassing all of them. It is possible that "waiting" could be regarded as "parking" as they are frequently mentioned in the same breath (e.g. "parking or waiting" is common in the RTRA). However, "loading or unloading" and "setting down or picking up passengers" are clearly different from parking.

A good example of the difference between "parking" and "setting down or picking up passengers" is a taxi or minicab, which are allowed to set down or pick up passengers on the public highway when parking restrictions are in place. However, if a taxi or minicab is waiting to pick up a passenger then any parking or waiting restrictions would apply. The same applies to any vehicle setting down or picking up passengers; it doesn't have to be a licensed taxi or minicab, as they do not have a special status in the RTRA.

Gooston

Timothea wrote: »

The judgment in Halliday -v- Creation Consumer Finance Limited [2013] EWCA Civ 333, paragraph 29, says:So, the Appeal Court judges took the failure by the data subject to send a section 10 data subject notice to the data controllers as detrimental to the data subject's case.

A section 10 data subject notice, in my view, has several advantages:

1. It is the correct way for a data subject to ask a data controller to stop processing heir data
2. It requires the data controller to provide a substantive response to the data subject within 21 days
3. It shows the data controller that the data subject is familiar with the Data Protection Act 1998
4. If it is found that a DPA breach has occurred and the data controller has not complied with the notice then it may justify an increased quantum for compensation

I'm sure the BMPA has a point and, obviously, District Judges are not Appeal Court judges, but I think the balance is definitely for sending a section 10 data subject notice as soon as a DPA breach is suspected. If nothing else, it puts the data controller in a negative light if it fail to respond at all.

Interesting, I will definitely consider this then.


More directed towards Coupon-mad and Timothea. If I was to wait for the debt collector letters from Gladstones (which add on additional costs) would that do me any harm before receiving the inevitable LBC from PCM? I'm only asking because I am unsure how these additional costs look like in court? I was thinking of waiting for the first debt collectors letter before replying (with Gan's example) refuting any additional costs which may have been made up. I might start looking into writing up a defence already or is it too soon?

Coupon-mad

Yes you can wait if only at debt collector stage. The only time not to miss a deadline is at court papers stage.

Gooston

Got it. I've seen Gan has replied to the debt collector letters so I may go down that road (when I get them, I have nothing yet). I will likely send a s10 as well, I will speak to the helpful person at BMPA again with Timothea's suggestions.

Coupon-mad

Gan and the BMPA main adviser are both spot on with their advice. Can't go wrong following what they say.

Gooston

Coupon-mad wrote: »

Gan and the BMPA main adviser are both spot on with their advice. Can't go wrong following what they say.

That's reassuring to hear! Is Gan on MSE boards as well or just PPP?

Coupon-mad

Gan doesn't post here AFAIK but I do know his advice is spot on.

Gooston

Not an update, I have PM'd bargepole and received an answer from BMPA as well, but I was hoping I could PM someone on here who is a lot more knowledgeable than I am and give me another thought on the matter? I do not want to post the question here in case PCM are monitoring.


Thanks in advanced.

Coupon-mad

Most regulars here don't take pm's as a rule, no time...but we do know that advice from bargepole and the BMPA is spot on.

Gooston

Yeah, I received a response from bargepole and it was pretty much what the BMPA said. Thanks!