Opportunistic PCN - Vehicle not even on private land

Woppyman72

Looking into an interesting PCN issued from a site in Worthing, operated by One Parking Solutions Ltd via a CCTV camera.

Photo’s of vehicle concerned seem to evidence that it is not actually on the clients land, but stationary at a junction for 7 mins, on land which appears to be council owned/part of highway just in front of their clients land.

Normal template with a few mods sent to PPC, but this case seems an obvious breach of GDPR as there is no valid reason to have obtained keepers details from DVLA.

I’m intending on lodging a complaint with ICO along with BPA. Do I complain to my MP or the area where the PCN was issued (or both?).

Interestingly two of the Directors of this firm have been prosecuted for running a LTD company whilst in liquidation
//.
Re PCN number: xxxx

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn.
I have examined the so-called evidence you have supplied. The facts of the matter are that the vehicle concerned is not infringing upon your clients land whatsoever. For this reason the driver of the vehicle has not entered into any contract with the land-owner and any claim otherwise is viewed as opportunistic and/or vexatious.
I have evidence in the form of the boundaries of your authority at the site in question (OPS397) combined with the GPS vehicle tracking information at the time in question that proves this point.

Not withstanding the above, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

In all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date. In particular the entrance sign facing the direction of travel as a driver enters the site.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Redx

your MP complaint is to your local mp, asking them to copy in the MP for the area in question, plus Sir Greg Knight and also the MHCLG or whatever they are called (to Rishi Sunak MP)

Woppyman72

Smashing. I think this is a very clear example of abuse so want to use it to our advantage to highlight predatory nature of PPC’s.

Half_way

Whose car park / where is this?

Coupon-mad

Photo’s of vehicle concerned seem to evidence that it is not actually on the clients land, but stationary at a junction for 7 mins, on land which appears to be council owned/part of highway just in front of their clients land.

Is it the same place Stubborn Goat's thread is about, Broadwater Street West?

Woppyman72

Hi both,

Yes, same land as Stubborn Goat - Broadwater St. West. It was the map that he posted from Gladstones that clearly showed the boundary of authority of OPS (the line with ‘Pay and Display’ painted on road surface).

Not sure who owns this land but I’m suspecting it’s Worthing/Adur council in front of line where vehicle was photographed stationary at junction, and maybe Halfords behind the line (or whoever leases the site to Halfords).

Vehicle had reversed round corner, then drove forward again, so never entered private land at all,

The_Deep

If they are trying to charge you for parking on a public highway this would be a matter for Trading Standards. If it turns out to be for a stay on private land enlist the help pf your MP.

Nine times out of ten these tickets are scams and will fail in court.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Half_way

who's car park is it that the cameras/parking company are supposed to be infesting?

Fruitcake

Check with the local council to see if this is a public road. In addition, check with the council planning department to see if they have planning permission for the cameras, and advertising consent for the signs. Not having the latter is a criminal offence.

Woppyman72

@Half_way, not clear who landowner are - it’s an access road. Will be looking into land registry to find out.

@The Deep, yes, I intend to do this. One of the directors of this company (one who was prosecuted in 2017) also ran for local councillor. Fortunately unsuccessfully.
Will report back with my correspondence.

Coupon-mad

Not sure who owns this land but I’m suspecting it’s Worthing/Adur council in front of line where vehicle was photographed stationary at junction, and maybe Halfords behind the line (or whoever leases the site to Halfords).

Get a copy of the TRO from the Council.

I just tried looking online and the Worthing TROs are had to find the actual wording of the Order (loads of unhelpful maps but no wording found).

If you can get proof this is public highway in front of the writing on the road, then report OPS to the BPA and DVLA and the local Trading Standards, for taking CCTV images of cars on street and passing them off as if they are on private land and issuing a scam PCN on the public highway (that's illegal).

Vehicle had reversed round corner, then drove forward again, so never entered private land at all,

How long was the car there, according to the photos?