Park Watch PCN for Entering Buses Only Access Area

TheMuteParadox

Hey all.

The registered keeper of the vehicle received a letter a non-disclosed time period ago stating that the driver of the vehicle drove through a buses only access area and was now liable to pay a PCN. The registered keeper of the vehicle has refused to disclose the name of the driver, and so POFA 2012 comes into effect if the company wants to invoke Keeper Liability.

POFA makes several references to 'parking' in writing. Is driving through a location without stopping considered 'parking' by law?

In addition the letter fails to give a 'period' of parking as required by Schedule 4 section 9(2)(a). It instead gives a single time at which the vehicle entered the area. I think this means it is POFA non-compliant and no judge in their right mind would side with the company in a court case.

The registered keeper is currently at the stage before POPLA, and was wondering if this argument is basically the first thing that should be written at the top of the appeal. Can any bus area charges issued by a private parking company be lawful under POFA? Just want to weigh up the chances about how far this will go (court case? chance the PPC wins?) from some experienced users.

Many thanks guys, I've lurked over many of the great posts here and it's helped tremendously. I have an image of the letter that I want to post but I can't as a new user.


EDIT: Charge cancelled via complaint to the land owner. Now we go onward to a claim against either the PPC or the DVLA either for lying to the DVLA or giving out my personal information negliegently respectively. Phew!

Coupon-mad

the driver of the vehicle drove through a buses only access area and was now liable to pay a PCN. The registered keeper of the vehicle has refused to disclose the name of the driver, and so POFA 2012 comes into effect if the company wants to invoke Keeper Liability.

Chortle...

POFA makes several references to 'parking' in writing. Is driving through a location without stopping considered 'parking' by law?

No! You hit the nail on the head.

This is a fake 'moving traffic offence' and they are relying on people's stupidity in thinking a parking firm can use parking law to issue pseudo 'bus lane' fines like Councils!

Show us the NTK plase, minus your name, address, VRN and PCN number but showing all dates and small print.

Host the image in Dropbox and BREAK THE LINK AS YOU CAN'T POST A WORKING LINK YET AS A NEWBIE. SO POST A CHANGED/BROKEN URL.

I'd like to see if Park Watch now issue POFA-worded NTKs, as they never used to.

Half_way

where was this?

The_Deep

This is not parking, this is a scam, read Jepson v Homeguard for one Judge's definition.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Johno100

Half_way wrote: »

where was this?

Educated guess One Stop Shopping Centre, Perry Barr, Birmingham.

https://goo.gl/maps/jN53wvQTPxP2

TheMuteParadox

tiny (no space here) url (dot) com (slash) ya7uoblq

Le_Kirk

I hope this is your link, tiny changes it to this. The forum doesn't like tiny url, changing it to !!!! when in a link!


https://drive.google.com/file/d/1nUiZUOy8sQXG-J9i9jkyAFxIKOkmD5Ll/view

Umkomaas

I think you need to check with the DVLA the reason for which they believe they have 'reasonable cause' to access your personal data.

On the NtK they have stated 'Entered a Buses Only Access Area'. I bet they didn't put that on the DVLA request. It's important you get to the bottom of this.

You should email the DVLA and ask which organisation (and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date of the parking incident. You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

Even though you email your request, the DVLA will respond via Royal Mail.

Come back with their response so we can advise further on this. In the meantime continue to follow the advice already given.

The_Deep

The PCN states that the T&C are displayed at the location, are they?

Umkomaas

The_Deep wrote: »

The PCN states that the T&C are displayed at the location, are they?

Agreed - own photos needed @OP.

Fruitcake

SAR to the scammers asap. Include a copy of your V5 as proof of ID. The scammers are not permitted to charge you for this.

Request to the DVLA for details of who asked for your personal data including VRN, when, and why. This service is free.

Get your own pics of the site and signage.

Complaint to the BPA and DVLA that the scammers have unlawfully requested your personal data for a non-parking event which is a breach of the BPA CoP and KADOE contract with the DVLA.

Complaint to the ICO about the scammers obtaining your personal data as above.

Complaint to the ICO about the DVLA not performing manual checks and unlawfully releasing your personal data automatically when there was no justification to do so.

Complaint to the landowner.

Complaint to your MP about this unregulated scam.

Have I missed anything?

Oh yes, a PoPLA appeal.