Private carpark clamping warning signs - ground for refusing PCN?

Umkomaas

CR2025 wrote: »

I have sent Park Watch a letter which includes the below:



The reply was as below:



It doesn't directly respond to my Section 10 Notice under The Data Protection Act 1998. Does it mean the clock is still ticking for them to address it within 21 days?

I wouldn’t be overly concerned on that front right now. What I’d be a bit more perplexed about is the following:

In response to your appeal received 12th January 2018. As per BPA code of practice, the time to challenge the charge now expired. The opportunity to raise your dispute with Independent Appeals Service is no longer available.

What was the date of your Parking event?
On what date did you receive the Notice to Keeper (through the post)?
On what date did you submit your initial appeal?

The_Deep

Clamping is illegal on private land. Read about unfair terms in consumer contracts here.

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

CR2025

What was the date of your Parking event?
On what date did you receive the Notice to Keeper (through the post)?
On what date did you submit your initial appeal?

The parking event happened on 3rd November. The first letter received was dated as of 4th December and it was already a reminder (the first letter was not received). My first letter to Park Watch was submitted on 11th January. I moved houses in November so that's why it came to my attention only in January.

Clamping is illegal on private land. Read about unfair terms in consumer contracts here.

I'm aware of that, I have addressed it in the letter to Park Watch:

To start with, there was no contract between the driver and the Park Watch. Firstly, at the entrance of the private parking in question there are two signs warning of clamping. First sign reads “Warning. Private wheel clampers operate in this area. Beware.", while the second contains “Warning. Off-street areas. Private land Wheelclamping in operation.” As per Protection of Freedoms Act 2012 clamping in England is an offence. For a contract to be legitimate, the signage in the parking has to be clear and prominent. Moreover, such signage breaches BPA’s Code of Practice as it implies the private parking operates under statutory authority. Only statutory authority has a right to clamp vehicles. Displaying signs which are misleading and unlawful, confuses the drivers and such signage cannot be a basis for a contract between the driver and the Park Watch. Also, the Park Watch is in breach of BPA’s Code of Practice as there were no other signage except clamping warnings at the entrance of the private site.

CR2025

so does anybody could give me some advice please??

Redx

yes , IGNORE DRP

see post #4 of the NEWBIES FAQ sticky thread

CR2025

I have been ignoring DRP...

Any advise of how do I deal with Park Watch please?

Do I wait 21 days and tell them that they didn't respond to Section 10 Notice under The Data Protection Act 1998? Do I keep sending letters to them despite their referrals to DRP? Do I appeal to the landlord?

Coupon-mad

How about a complaint to the ICO online, showing the Section 10 notice that you sent and the reply which has ignored it?

Redx

CR2025 wrote: »

I have been ignoring DRP...

Do I appeal to the landlord?

a COMPLAINT (not appeal) should be made to the landowner , this goes without saying and you should not even need to ask, its a given