NCP and railway parking double dipping and NTK

Dartforddad

Hi

a friend of mine has asked for some help on a number of PCN's he has just received.

I think there is a lot wrong.

The station is one he visits regularly to drop off a member of the family. The station is Cheshunt station and is run by Greater Anglia.There is a pay and display car park further in from the entrance but he only uses an area next to the station where he drops off and picks up a passenger. The car park has a number of signs and states there are ANPR cameras but the route he would take never takes him past these or into the car park. From the images provided they have used some additional cameras next to the entrance which I would say is a public road as there are double yellow lines on all of the images.

He has never left the vehicle and no windscreen ticket was ever attached.

All four notices arrived together.

The first is dated this month for a notice for 3.5 days back at the beginning of July. I understood that NCP would have 14 days to issue the PCN and clearly this is a double dip though he is struggling to find meaningful evidence of the car elsewhere given the length of time that has elapsed.

The second notice is basically the same, again for three days, this one relates around the 12th August to the 16th August.

He has also received two notices for contravening the parking rules for 30 minutes, one dated the 30th August and the other the 7th July.

So my questions are:

1. Should the DVLA be giving out Keeper information for events in July and August (we have applied to the DVLA to find out when NCP applied for this info)
2. Can they use the same information to pursue 4 separate events.
3. Is there anything different for railway parking (given he never entered the actual car park with the signs I cannot see how you can say a contract was entered into)
4. It would be good to kill all of these off at appeal stage but the elapsed time makes evidence difficult but would the non-compliance of POFA be meaningful on appeal or would this come in at the POPLA stage.
5. Apart from complaining to his MP, is there anything extra others would recommend at this stage.

On a separate note their signs are small print of white letters on a red background. I certainly don't think it makes the reading of the signs easy plus the signs are been obstructed by random stickers (various protesters or random events). Also after re-visiting the site the signage on the car park does not say what the APNR cameras will be used for and how the images will be used. I thought they had to.

Dartforddad

So we appealed all 4 notices and the two stating the car was parked for over 3 days have been cancelled.
The other two now have POPLA codes.

Simple question, given notice 1 parking date was the 7th July 2019 and the date of sending the notice was 2nd October 2019, notice 2 parking date was the 30th August 2019 with a sending date again on the 2nd October surely both fail as they are outside of the 14 day period of issuing a NTK or can they attempt to issue a PCN if the document does not state POFA.

KeithP

Dartforddad wrote: »

Simple question, given notice 1 parking date was the 7th July 2019 and the date of sending the notice was 2nd October 2019, notice 2 parking date was the 30th August 2019 with a sending date again on the 2nd October surely both fail as they are outside of the 14 day period of issuing a NTK or can they attempt to issue a PCN if the document does not state POFA.

They only fail in their ability to use POFA to transfer the driver's liability to the keeper.

The PCNs are perfectly valid in themselves, but will ultimately fail if the driver's identity is never revealed.

You must remember that many people will pay up in fear when they receive a PCN whether or not they are liable.

The whole industry is a scam.


Easily winnable at PoPLA.

waamo

If this is railway land POFA won't apply. Railway land is one of the exclusions to POFA as it's not relevant land

Castle

Dartforddad wrote: »

So we appealed all 4 notices and the two stating the car was parked for over 3 days have been cancelled.

That's two breaches of the GDPR to report to the ICO.

The_Slithy_Tove

If you look at Google Street View for Cheshunt station, you need to "drive" into the station and then turn around to get the latest pictures from 2019. There is a camera right at the entrance to the road, as well as one further down when you get to the car park proper. There is also an NCP notice on the building hoarding, but it's completely invisible as you drive in, so there is effectively no signage.

If the ANPR system is that unreliable, then I am surprised the taxis which wait in the rank beyond the camera haven't been "done" many times by now.