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Resident Parking

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Comments

  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    KeithP my brain does not work, I have done the AOS for the others they have sent,
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    will it help if I get my Consultant to write to the court explaining my difficulty's since my brain injury?
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There has to be a limit to what a private parking ticket forum can do.

    Perhaps ask on Legal Beagles forum whether a Consultant's letter may influence a judge.
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It should help, yes, as there must be 'reasonable adjustments' made for people with protected characteristics (defined in the Equality Act 2010) to access the courts service.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Reply from DVLA, what a load of bull, but did I expect any less.
    if DVLA looked at the evidence that will see the cars parked clearly on the highway, the evidence was mostly supplied by the council.

    Thank you for your email of xx November 2018 about the release of information from the Driver
    and Vehicle Licensing Agency’s (DVLA) vehicle register.
    The DVLA takes the protection and security of its data very seriously and has procedures in place
    to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the
    Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of
    motorists is respected while enabling those who may have suffered loss or damage to seek
    redress.
    Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 permits
    the disclosure of vehicle keeper information to those who can demonstrate a reasonable cause for
    needing it. The release of information under this legislation is not based on the consent of the
    data subject. Regulation 27 provides a legal gateway for the release of information. Disclosure in
    these circumstances does not breach the Data Protection Law and the Information
    Commissioner’s Office is fully aware that data held on the DVLA’s records is released in this way.
    Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out
    on signage in the car park. The need to contact individuals who may not have complied with these
    conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by
    the DVLA to enable landowners or their agents to pursue their legal rights and to address
    disputes. I hope you can appreciate that if this were not the case, motorists would be able to park
    with disregard for the conditions applying with little prospect of being held accountable.
    While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it
    is not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil
    disputes between motorists and private car park enforcement companies. The DVLA cannot
    regulate any aspect of a company’s business. Any representations should be made to the
    landowner or his agent, however I have been in correspondence with Parking Control
    Management (UK) Ltd to review the evidence for all 3 of the vehicle registration numbers you have
    mentioned and DVLA are satisfied that reasonable cause has been met to seek keeper data.
    To help ensure motorists are treated fairly when any private parking charge is pursued the DVLA
    discloses vehicle keeper information only to companies that are members of an appropriate
    Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an
    ATA is to ensure that those who request DVLA information are legitimate companies that operate
    within a code of practice. The code of practice promotes fair treatment of the motorist and ensures

    Page 2 of 2
    that there is a clear set of standards for operators that cover, among other things, signage,
    appeals processes, and methods of contacting drivers.
    The company in question Parking Control Management (UK) Ltd is a member of the International
    Parking Community (IPC) which is an Accredited Trade Association for the parking industry. The
    IPC’s code of practice is published on its website at https://www.theipc.info under the heading Accredited
    Operators Scheme. If a member of this AOS does not comply with the code of practice, it may be
    suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel
    that any of the practices used by the company do not comply with the IPC’s code of practice, you
    may wish to contact the IPC at PO Box 431, Knutsford, WA16 1EP.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    Great news Sir Gregs bill passed it second reading in the house of lords.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    Just to keep everyone in the loop, I have got a hearing in my local court to get these tickets set aside,
    due to my health conditions, my application for help with court fees (form EX160) have been accepted.
    Just waiting for a date now.

    as always there is a question,:-)
    Gladstones have had these heard in 6 separate cases, can i ask the court to hear them all in one hearing, (or Two) as 2 are in my wife's name and 3 in my name and one that they have misspelled and the court have rejected as its not been sighed by Mr
    instead signed by Mrs
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Gladstones have had these heard in 6 separate cases, can i ask the court to hear them all in one hearing, (or Two) as 2 are in my wife's name and 3 in my name and one that they have misspelled and the court have rejected as its not been sighed by Mr
    instead signed by Mrs

    Hmmm, there are two ways of looking at these!

    If you win the set aside, you could ask for all hearings to be merged...

    OR you could stay silent on that, leaving the PPC to have to pay for 4 hearings (or whatever) if they want these 4 cases to proceed!).

    Which PCNs/claims does your set aside application relate to?

    Just one?

    All of yours but not your wife's as she is a different Defendant?

    Is she doing her own set aside or are hers not at CCJ set aside stage?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    Hi Coupon-Mad,
    I have funding for 5 CCJ's to be set aside, 3 of mine and 2 for the wife, the last one I have, I have written to the court explaining that there is no one at this address with the name Mr -
    only a Mrs -
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    I also like your idea of making them pay for all hearings.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
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