SAR refused!

Robbishon

I have received an SAR system report that gives the Pcn details (incident date, pcn ref, veg reg make and model, location, contravention: parked longer than paid for time).

I have also recieved two photos showing front and back of my car. I believe that dates and times are printed but I can’t make out the small print on the photos.

PCN History - detailing the date pcn created, pcn validation approval, processed letter requesting owner details from Dvla, driver added etc - interestingly the pcn was created two days after the contravention. Then it gives dates on which “ processed initial letter to owner” “processed first reminder letter to owner and then a date for payment entry.

Copy of the original pcn

Copy of a pcn overdue letter - detailing the charge had gone up to £100

That was the whole SAR they sent.

Coupon-mad

OK, so this next:

Make sure you have read bargepole's summary of what to do when - it's linked in the NEWBIES thread second post all about court stage and how to win.

Oh, and go and get some photos of the signage, and lack of it, at the entrance/in corners.

Show us!

Are they using BW Legal, or any solicitor?

Robbishon

sorry they also sent an ANPR Log.

I always overpay at that car park so I’m a bit miffed.

Robbishon

No they are not using a solicitor

I can get photos tomorrow. Can I post them on here?

I will re read barge pole throughly. Thank you.

Coupon-mad

You can post if you break the URL link (change http to hxxp and put a gap in).

Robbishon

hxxpp /s1248.photobucket.com/user/Robbishon/library/

Hope this works!

waamo

http://s1248.photobucket.com/user/Robbishon/library/

There you go.

Coupon-mad

The sign is clear enough, but interestingly, there's nothing about:

''failure to pay for full time on site'' or
''you will be charged for total stay, so do not rely on the times on your ticket'', or
''we are using ANPR and this is how your data is being used and for what purpose'' (contrary to the Information commissioner's Surveillance Camera Code of Practice that all parking firms have to sign up to and follow).

So it's important that you've said, despite using the car park often:

(I didn’t even know it was an ANPR operated car park).

So their signs fail on that basis, and cause the listed t&cs giving rise to a £100 charge do not include overstay allegations, and even if the Judge thinks it's implied by the tariff/hourly rate list, that's only about parking time and doesn't tll you at all about ANPR and that your timing is from hidden cameras, not from the PDT.

I wouldn't amend your defence, as that costs you a fee unless you qualify for fee remission.

Just read up on decent WS and evidence in readiness. Don't ignore/file the letter giving your local court date, it also gives you the date by which to file & serve your WS and evidence.

The_Deep

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.

Robbishon

I do intend to go to my MP ....next surgery is 1st March. Thank you.