BW Legal ringing family members

clairey262

I just don't know how to sound professional and use the words that sound important! Il have a go though

beamerguy

clairey262 wrote: »

I just don't know how to sound professional and use the words that sound important! Il have a go though

You don't need to be professional, just in your own words
will suffice

clairey262

Letter to the council ... just need help to wrap it up..

Dear land owner /

I was issued with a Parking Charge Notice on the 27/02/18 at Lincoln St Rumbolds Street NCP carpark for 'parking longer than the time paid for.'
The ANPR Camera shows I entered the carpark at 15:48 and left at 17.02 after having purchased a 1 hour ticket at the pay and display machine. I have appealed this with the BPA's ten minute grace period but it was rejected on the terms that the ticket was still 4 minutes over. I have now received a letter of claim against me in the county court and I will be taking matters further by reporting this as it is an unregulated scam.

None of the carpark signs or documents comply with the ICO Code of Practice for ANPR and Surveillance Cameras, thus breaching the KADOE rules and the BPA Code of Practice.
ANPR use is not a proportionate response to collect data about genuine, paying motorists in a Pay & Display car park, since it provides for and collects and processes charges based on irrelevant and inaccurate timings, before a driver has even had a chance to read any terms & conditions, let alone find a space, park, and use your machine. The carpark was also full of snow therefore it took too me longer than usual to get the pushchair / children ready to leave the carpark.

(How can I end the complaint) do I mention it's gone to parliament and do I ask them to cancel my PCN ?

The_Deep

As this is a letter to the Council you might like to point out that £100 is a lot higher than if the same occurred in a Local Authority car park. Also, because of the known failures of ANPR technology, these cameras are not allowed in LA car parks.

clairey262

Ok will do (I think I've already balls this up as I said in my appeal I was struggling with the snow in the carpark so they will see that ad admitting the driver)

clairey262

My balance is now £160 ,

what's La carparks?

Fruitcake

Local Authority. The UK central government has prohibited the use of ANPR for car park monitoring in LA and Council car parks because it is seriously flawed. Parking scammers use ANPR because these flaws generate revenue for them.

I suggest you add this to your complaint, and any correspondence with the scammers and their solicitors.

"The contract would be expected by any reasonable person, to begin and end at the times stated on the Pay & Display ticket purchased, as this is the 'point of sale' as confirmed in Thornton v Shoe Lane Parking 1971, where the Court of Appeal held that that the ticket machine was the offer, the insertion of money was the acceptance and any contract began at that point in time.

As opposed to being charged and held into by an unknown contract term, from the very second the vehicle was purportedly captured by ANPR entering into the car park. No signs explained at the site entrance (as cars pass in moving traffic, Smart's remote, high cameras that they cannot even see) that the driver's time was being counted from that point and not from the payment at the machine. Why would a different time be shown on the Pay & Display ticket, if it is not the timing upon which a driver can fairly rely?"

Note that this was for Smart Parking, so you would need to clarify that this also applies to NCP car parks.

Also add that the BPA allows two grace periods and 14 minutes are well within what is allowed, on top of the fact that the timing should begin at the time on the P & D ticket, not on entry to the car park.

clairey262

Thank very much

fisherjim

I am sure all the communication with the council will just result in a "This car park is not operated by the council, the land has been leased to NCP and has nothing to do with us" reply.


https://thelincolnite.co.uk/2018/03/city-council-buys-two-lincoln-ncp-car-parks-6-6m/

clairey262

Yes I've read this before. I don't expect to get anywhere with them but it's worth a try!