Parking charge - but I was driving past!

TheGardener

The_Slithy_Tove wrote: »

Please tell us where this road is. Sometimes what people think is a public road is, in fact, private, e.g. an access road to premises which looks to all intents and purposes like a public road. I can't believe it's just any old public highway, else CEL would be dishing these out in their hundreds.
...

I am 110% certain this is not a private road - it is absolutely a public highway on the approach to a busy urban area - I have used the road regularly over the past 30 years - along with many, many millions of other motorists into and out of town. It is a B road marked on all highway maps, GPS Sat-navs etc and is quite evidently not a private access road.

The ticket accuses me of 'parking' on the road (presumably on the double yellows) - not accessing it. The photos show me driving on the road towards town (rear numberplate photo) and then the 2nd photo shows me driving back out of town half an hour later (front number plate) - headlights on and in the normal lane position you would drive in on a public road.

I am shown on the CCTV parking my car at the place I went to for the job so evidencing this is not a problem. I'm just surprised a photo that clearly shows I am driving into and then out of town is considered to be 'parking' :rotfl:

Le_Kirk

If it is double yellows on a non-private road, isn't it likely to be council controlled?

nosferatu1001

Call the council and get the definitive answer from them, alongside a copy of the Terrier

Yo uare NOT certain until you have done this
Do this, then get back to us with a location and the proof you got from the council.

The_Slithy_Tove

TheGardener wrote: »

The ticket accuses me of 'parking' on the road (presumably on the double yellows) - not accessing it.

Does it really? Is it actually saying that the place you (didn't) park was the road itself that you drove down, or does it state some slightly different place, e.g. a car park accessed from that road, possibly with the same name, e.g. "London Road Car Park"? It would be highly unusual even for CEL to try to enforce parking on double yellows on a public road using ANPR. They are more likely assuming you were using that road to access a car park they are "managing", but have their ANPR cameras very poorly set up. If that's the case, then Trading Standards is a route to take (as well as a clear GDPR breach with the DVLA and CEL).

I understand you may be reluctant to give too much away in terms of actual location, but it does make it hard for us having only partial information.

TheGardener

Mystery solved. It is indeed a public highway and it would appear that 'adjustments and updates' to the camera led to a 'computer and positioning error' which was identified quickly. It seems everyone who travelled in each direction within a 2 hour window last Monday was 'caught'
Civil Enforcement Ltd has apologised profusely (something I suspect they are not used to doing judging by their reputation) and cancelled the ticket. They assure me they are in the process of writing to everyone affected.

The reason the camera is there at all is that there is a private residents on-street parking area close to the spot I was snapped - something I was not aware of as I've never had call to park in that area.

Le_Kirk

Civil Enforcement Ltd has apologised profusely

Must have had someone write it for them!!!!

Umkomaas

Send them a Letter of Claim following the PaP guidelines (link below) seeking £250 for breach of GDPR principles, threatening a MCOL claim if you are not compensated. Play the game they play.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Then complain to the DVLA that your personal data has been accessed and released, breaching the privacy to which you are entitled and which the DVLA is responsible for protecting under the DPA and GDPR principles.

ccrt@dvla.gov.uk (or) KADOEservice.support@dvla.gov.uk

TheGardener

Much as I would like to sting CEL for some recompense - life is too short and I won't be wasting any of it on them. Their prompt response and genuine apologie are sufficient.

There is a new estate, one road of which runs close and parallel to the highway. They are separated only by a wide grass verge and a pavement. It seems people have been parking on the grass verge thinking it was a 'loophole' to get around the parking restrictions (it wasn't - the verge is owned and maintained by the developer too). So the angle of the camera was adjusted to include the grass verge - but it ended up snapping vehicles travelling along the highway as well by mistake. This has now been rectified.
Thank you all for your input - it was much appreciated.

Coupon-mad

Civil Enforcement Ltd has apologised profusely (something I suspect they are not used to doing judging by their reputation) and cancelled the ticket. They assure me they are in the process of writing to everyone affected.

Can you please just take a minute to report them to the Information Commissioner and the DVLA for harvesting data they were never entitled to?

https://ico.org.uk/make-a-complaint/your-personal-information-concerns/

Parking firms are required to report all such data breaches to the DVLA and we reckon they haven't, so report them:

KADOEServices.support@dvla.gov.uk

''If you think your details have been misused or obtained fraudulently, write to the Data Sharing Strategy and Compliance Team, DVLA, Swansea, SA99 1DY or email KADOEServices.support@dvla.gov.uk
You need to tell us the vehicle registration number and explain how the information has been misused. We will investigate all allegations of information being requested unlawfully.''

fisherjim

TheGardener wrote: »

Much as I would like to sting CEL for some recompense - life is too short and I won't be wasting any of it on them. Their prompt response and genuine apologie are sufficient.

Really? These are greedy scammers that won't even let a genuine disabled person off a charge if their blue badge falls down.


I hope you remember your benevolent view of them if you ever get into a tangle with them in the future.

TheGardener wrote: »

So the angle of the camera was adjusted to include the grass verge - but it ended up snapping vehicles travelling along the highway as well by mistake.

ANPR isn't fit for purpose and has been banned from use by local authorities they have failed to show due diligence in setting this up and caused possibly hundreds of drivers unnecessary hassle you are just letting them get away with it.


Hopefully some others will take them on, at the very least this needs media exposure.