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Park Watch PCN - Bus Area (Redditch)

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  • Mahone1302
    Mahone1302 Posts: 154 Forumite
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    Well the Manager of the Kingfisher has emailed back to me, simply saying that they are happy with the contract they have with Park Watch. Poor show, however dependent on how things go with DVLA and ICO, I may well be sending him an LBC as well as Park Watch.

    Nothing from DVLA yet who said they would get back to me within 10 days.
  • Mahone1302
    Mahone1302 Posts: 154 Forumite
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    Ignore the DVLA bit, they emailed me on Friday didn't they. ��!♂️ Night shifts eh...
  • bunkersoldier
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    Mahone1302 wrote: »
    Well the Manager of the Kingfisher has emailed back to me, simply saying that they are happy with the contract they have with Park Watch. Poor show, however dependent on how things go with DVLA and ICO, I may well be sending him an LBC as well as Park Watch.

    Nothing from DVLA yet who said they would get back to me within 10 days.
    Do you have a copy of the contract? If not, I can upload it. They have given authority to Park Watch to issue a PCN only to a vehicle which PARKS in contravention of the restriction on the land, not for simply entering the area.

    I am still awaiting my POPLA appeal decision, but if I win, I intend to submit a joint claim against Kingfisher and Park Watch for breaching my data protection rights.
  • Mahone1302
    Mahone1302 Posts: 154 Forumite
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    Received a letter from the DVLA today. They have been in touch with the BPA who are conducting an investigation. In the mean time Park Watch have been advised to stop enforcing on the site.
  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    Mahone1302 wrote: »
    Received a letter from the DVLA today. They have been in touch with the BPA who are conducting an investigation. In the mean time Park Watch have been advised to stop enforcing on the site.
    Excellent progress @Mahone1302, thanks for updating us. Currently cramming handfuls of popcorn dans ma bouche!
    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
  • Coupon-mad
    Coupon-mad Posts: 132,120 Forumite
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    Mahone1302 wrote: »
    Received a letter from the DVLA today. They have been in touch with the BPA who are conducting an investigation. In the mean time Park Watch have been advised to stop enforcing on the site.
    Mahone1302 wrote: »
    Email this morning from KADOEservice.support@dvla.gov.uk:

    Good Morning

    Thank you for your email dated 24th April 2019 regarding Park Watch.

    We are currently fully investigating this matter and we will be in touch shortly.

    Kind Regards

    Zoe Newson

    Compliance Officer
    Data Sharing Strategy & Compliance
    Strategy, Policy & Communications Directorate | C2 | DVLA | Swansea | SA99 1DY
    EXT: 82503
    Twitter: @dvlagovuk

    Must remember to add that DVLA complaint email address to the NEWBIES thread post #5 as that's a new one on me.

    Just reminding us all, it's this scam 'bus gate' that looks like Council land and has so many different signs nothing can be 'agreed', never mind the fact this has nothing to do with 'parking on private land':

    https://drive.google.com/file/d/1ACGP-yiVEoBSdTCOC96Yult_Wz0avIJt/view

    Nice fightback, Mahone1302. :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Mahone1302
    Mahone1302 Posts: 154 Forumite
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    Only half of the bus station is subject to the bus lane TRO. It's difficult to explain, but imagine the letter "h"

    The bottom bit (like an n) is the bus station.
    The left hand part of the "n" is covered by the TRO and is an extension of a road called "Station Way" (which would be the top of the "h".) Station Way isn't subject of a TRO here but is "Access Only" for local houses and the bus station. Interestingly where you enter this side of the bus station there are the usual council signs but also Park Watch signs.

    The right hand part and the horizontal part of the "n" is not subject of the TRO and is private land. This is the part seen in the image posted above, and where my vehicle received a ticket. Again there are both council signs and Park Watch signs, but this is definitely private land no subject to the TRO.

    In any event there are so many signs and they can only be seen from an awkward angle, at a section of road covered by white zigzag, that nobody could have sufficient time to read them and make sense of them before driving in to the bus station.
  • bunkersoldier
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    I am pleased to report that my appeal was successful, but bizarrely the adjudicator said that I identified as the driver, even though I was not and I stated this in my appeal! Also, he did not even consider my first 3 appeal reasons (1. Not a parking event 2. No time period on PCN 3. No contract accepted), but instead went straight to my 4th reason, inadequate signage.

    After finding that the signage was indeed inadequate, he then said he didn’t need to consider the other reasons. Therefore, in the operator’s eyes, if they change their signs, then they can continue to collect for mistakenly entering the bus area, even if no parking takes place, not withstanding DVLA’s advice to ParkWatch to stop enforcing on the land pending BCP’s investigation, instigated by Mahone1302.

    Anyway, I would now like to claim against the operator and land owner for the data breach in requesting my details, and providing a false reason to DVLA. I would be grateful for any advice on whether I should first report the operator to DVLA and the ICO and await the outcome, before issuing an LBA to the operator and land owner. Or should I do them all straight away?

    Many thanks.
  • Mahone1302
    Mahone1302 Posts: 154 Forumite
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    I would suggest a complaint to DVLA first, then ICO.
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