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Park Watch PCN for Entering Buses Only Access Area

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Comments

  • Umkomaas
    Umkomaas Posts: 43,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They've clearly accessed my data in breach of the KADOE contract and I want to see how far this can go.
    Please do that as it has the potential to really expose PW (and there may be many who have fallen for this scam whom the DVLA might be in an awkward spot over).

    You can guarantee full forum interest, and help where necessary.
    Appealed to the landowner and they said that they'll cancel the ticket

    What exactly did you say to the landowner that caused them to cancel? Are they aware of the reality of this scam? I wonder if they understand (potentially) vicarious liability?
    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
  • Dear Sir/Madam,



    I am the registered keeper of the vehicle xxxx xxx. The driver of the vehicle drove through the bus lane at xx:xx on 22 December 2018 and I received the following in the post.


    picture of PCN


    It is disgraceful for a company to enforce a 'Parking Charge Notice' without even parking the vehicle. See the following signage below:


    picture of the 7 red circles image that was linked in this thread


    There are three signs in all capital letters 'ONE WAY SYSTEM’, ‘MAXIMUM SPEED LIMIT’, ‘CAUTION SPEED RAMP’. The 'No vehicles except buses' sign from the left approach is specifically angled away from the driver so they cannot read it. The 'contract' between the driver and the company is above the 5th circle from the left. How is the driver expected to process all of this information within a second?



    It's shameful for the company to insist on this charge. I insist that Kingfisher Shopping Centre cancel this parking charge in a good faith gesture on the assurance of further business to their retail outlets. What was supposed to be a good day out was seemingly ruined and me, the driver and my friends are very unlikely to return if this is not addressed.



    I look forward to your response.

    Many thanks,

    first name last name
  • Okay, so SAR the PPC, wait for the DVLA's response and then draft up a claim from there on out? Either the DVLA is at fault for giving out information against the contract or the PPC staightly lied to the DVLA fraudulently.


    If the PPC lied then it's a lot simpler, but how can one get damages from the DVLA if they've negligently given out my personal information?
  • Umkomaas
    Umkomaas Posts: 43,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Either the DVLA is at fault for giving out information against the contract or the PPC staightly lied to the DVLA fraudulently.
    Got it in one (or is that two? :)).
    but how can one get damages from the DVLA if they've negligently given out my personal information?
    You'd need to get the ICO involved, and they might apply sanctions on the DVLA, which might include them making a settlement to you. Uncharted waters at the moment.
    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
  • TheMuteParadox
    TheMuteParadox Posts: 12 Forumite
    Second Anniversary
    edited 12 February 2019 at 5:10PM
    Okay: update time.


    I got a response from the DVLA in the post.

    Date of enquiry: 28/12/2018
    Enquiring reason: Breach of terms and conditions of a private car park


    Read the thread earlier, and you'll find that I've been sent two notice to keepers stating the reason the PCN was issued was 'Entered a Buses Only Access Area'.



    The PCN has fraudulently lied to the DVLA in order to obtain my details. In doing so they've committed a civil offence against me and maybe a criminal offence with fraud. Any thoughts?
  • Coupon-mad
    Coupon-mad Posts: 154,777 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you tried to upload a picture of the reply? Just show us a link with the URL 'broken'.
    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
  • I got a response from the DVLA in the post.

    Date of enquiry: 28/12/2018
    Enquiring reason: Breach of terms and conditions of a private car park

    the PCN was issued was 'Entered a Buses Only Access Area'.


    with the original NTK (stating bus lane) and the note from the DVLA , both the BPA and DVLA should sanction this company

    you will have to push hard , as they will both whitewash over this . pity we cannot find out how many fraud attempts they have made to the DVLA at this site
  • Mahone1302
    Mahone1302 Posts: 168 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    edited 19 February 2019 at 11:33AM
    Could you let me know exactly who the landowner is (I'm presuming Kingfisher Shopping Centre or their owners) and on what basis you appealed? I too, as RK of a vehicle, have received a PCN for this location and wish to start with an appeal to the landowner. I will also post my own thread.



    Thanks


    Edit:


    Apologies, just read further can see your letter below!
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