£3K in parking fines - help!

nosferatu1001

Indeed, do the notices CLAIM the keeper is liable ?
If they do then drop them into the DVLA and potentially sue THEM for misrepresenting the legal position and causing distress and harassment.

ShedHeadgirl

@nosferatu1001
Thank you for this. Which notices please?
- The notices in the car park say the motorist agrees to pay (see wording of notices above)
- The Claim Form for the initial £242 assumes that the keeper is the motorist (see wording of claim above)
- The original PCNs indicate that the driver agrees to be contractually bound by entering the site, and that "we have reasonable cause...you were the registered keeper of the vehicle on the date of the parking event"..."if you were not the driver at the time, you should tell us..."

So, I dont think there is any such claim here? Or am I missing something?

Coupon-mad

@nosferatu1001
Thank you for this. Which notices please?

The NTKs.

The original PCNs indicate that the driver agrees to be contractually bound by entering the site, and that "we have reasonable cause...you were the registered keeper of the vehicle on the date of the parking event"..."if you were not the driver at the time, you should tell us..."

None of that is the relevant wording.

You need to look at Schedule 4 para 9 (if they were just postal PCNs) or para 8 (if there were alleged or actual windscreen PCNs first, then postal letters a month later).

That's the wording we want you to look for, either 8(2)f or 9(2)f, is it there?

ShedHeadgirl

Thanks for clarifying Coupon-mad.
They were all just postal PCNs so para 9 applies.
I've had a quick read, and what jumps out is that no evidence was supplied, ie they have made a statement but there is no photographic evidence as proof or any other kind of evidence provided.

I sent the SAR in via email as previously posted, including requesting the photos but have had no response to it. The email was bcc'd to a number of other email addresses, and it arrived at all of these addresses. Yesterday I emailed again asking for them to confirm receipt but still no response. The email was sent to info@green-parking.co.uk (have copied this from the email).

I will go through the full para 9 at some point in the next day or so.

ShedHeadgirl

PS the PCN states "Photographic evidence is held on file to support this claim in accordance with the Data Protection Act. The data is used for the sole purpose of pursuing settlement of this PCN."

Le_Kirk

According to their privacy policy you are sending it to the correct address: -

Green Parking Ltd. will be the data controller and the contact details for the company are: –
Data Protection Officer: Neil Edwards
Email: [EMAIL="info@green-parking.co.uk"]info@green-parking.co.uk[/EMAIL]

How long ago did you submit the SAR request (did you mark it SAR)? If over 30 days complain to the ICO.

ShedHeadgirl

Thanks Le_Kirk, and for checking that the email address is correct.
The email has SUBJECT ACCESS REQUEST in the subject line, and it was emailed on 17th Feb. I followed up yesterday asking for confirmation of delivery as I had not received anything. Nothing has been received in confirmation. Obviously I'll complain to the ICO if nothing materialises, but in the meantime we still do not have the photographic evidence to be able to review.

Umkomaas

But they have a month to respond, chasing up just after 1 week is a waste of time. While the SAR might be a major priority for you, it will be the very lowest priority for the PPC.

Coupon-mad

I'll ask again, as you looked at the POFA wording needed for keeper liability:

9(2)f, is it there?

ShedHeadgirl

Hello all
Thought it would be helpful to reproduce the PCN notice in full:
"This Parking Charge Notice has been issued to the above-mentinoed vehicle due to a breach of the terms and conditions of parking at the location noted above.
The terms and conditions to which the Driver agrees to be contractually bound upon entering the site are clearly placed at the entrance to the site and in prominent places throughout. Having identified that a contravention occurred, your data has been released by the Driver and Vehicle Licensing Agency as we have reasonable cause (under regulation 27 (1) (e) of the Road Vehicles (Registration and Licensing) Regulations 2002): their records indicate that you were the registered keeper of the vehicle on the date of the parking event.
Due to a breach of the terms and conditions of parking as set out in the signage, this PCN is now payable to the Creditor. As a reputable operator, we are members of an Accredited Trade Association and follow a code of practice which states that any charge issued cannot be unreasonable or used as a penalty. Please note that this is a Parking Charge and not a 'penalty' or 'fine'.
If you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them.
Photographic evidence is held on file to support this claim in accordance with the Data Protection Act. The data is used for the sole purpose of pursuing settlement of this PCN.
Please pay this PCN now or see overleaf for further details. "

All thoughts gratefully received!

ShedHeadgirl