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NW Parking Management - Not parking within marked within markings

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Comments

  • Fruitcake
    Fruitcake Posts: 59,469 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The article from the Grainiad is utterly wrong. It gives incorrect information of the worst kind, and unfortunately people will believe it, follow it, and drop themselves in it as a result
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • please note , BPA conditions (code of practice) state that in the case of an ANPR type of ticket , photos should be enclosed with the NTK , in most cases those would be timed ones showing entry/exit times

    however in the case of NW parking management , dispensation has been allowed and he has licenced 42 drones
  • Fruitcake
    Fruitcake Posts: 59,469 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 August 2018 at 2:51PM
    Google Street Map image of car park and space: https://postimg.cc/image/espg3stwb/
    PCN page 1: https://postimg.cc/image/tnwf109vv/
    PCN page 2: https://postimg.cc/image/828yudegb/
    PCN photos of car: https://postimg.cc/image/5k5nci1mz/
    Car park signs 1: https://postimg.cc/image/r8m5xo59n/
    Car park signs 2: https://postimg.cc/image/glscs9k9n/
    Car park signs 3: https://postimg.cc/image/718q5dfi3/
    Car park signs 4: https://postimg.cc/image/718q5dfi3/

    Inadequate signage will be one of the winning points. The £100 charge is in tiny font.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • https://postimg.cc/image/718q5dfi3/

    we collect your data by CCTV / ANPR cameras or attendant on site

    in this case it is clear that the data was collected by "attendant on site" so a ticket should have been placed on the car and data collected from the DVLA after 29 days
  • Fruitcake
    Fruitcake Posts: 59,469 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 August 2018 at 3:07PM
    PCN 1 and 2: -

    No mention of the POFA at all.

    Uses a prohibited premium rate 'phone number. Minor but should still be mentioned.

    The name of the creditor changes part way through from Northwest Parking to Northwest Park.

    Using the word "should" in conjunction with "supply the name and address of the driver" is misleading. The PoFA 2012 makes no such statement. Complain to the BPA and DVLA.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,563 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    https://postimg.cc/image/718q5dfi3/

    we collect your data by CCTV / ANPR cameras or attendant on site

    in this case it is clear that the data was collected by "attendant on site" so a ticket should have been placed on the car and data collected from the DVLA after 29 days

    Dispensation from the DVLA that hand-held camera shots can be the equivalent of ANPR camera capture, with NtK following within 14 days. Helps with the cash flow!

    No windscreen ticket required, plenty of them at it, Mrs Sunglasses at Heath Parade really milked the opportunity provided by the DVLA's 'blind eye'!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Just had a POPLA win on this one, by virtue of the fact that Northwest Parking Management capitulated. The POPLA email came back as follows:
    Northwest Parking Management Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Many thanks to those here who helped me. I threw everything at the POPLA appeal and it paid off. My (redacted) POPLA appeal can be found below in case anyone else wishes to use it as a foundation for their own appeal under similar circumstances. In short, the grounds for appeal were:

      The triviality of the 'offence' (de minimis defence) / profiteering on the part of the operator
    1. No evidence of contractual authority
    2. No evidence of eligibility to recover under the Protection of Freedoms Act 2012
    3. Failure to provide evidence of the period of parking as required by the Protection of Freedoms Act 2012
    4. No proof of the enforceability of the Parking Charge
    5. Inadequate signage / breach of BPA Code of Conduct

    [Sorry, not allowed to post links due to being a new user]
    dropbox[dot]com/s/aqrtcyk8n0y9xp0/POPLA%20Appeal%20-%20REDACTED.pdf?dl=0
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