UK Car Park Mngt - "Vehicle not registered (ANPR/CCTV)" - reg was entered on iPad style device

qprfact

Thanks in advance to any / all help that can be provided!

Brief facts:

Parking was in an area next to a cafe and swimming pool on 20th February. There is an iPad in entrance to cafe where VRM has to be entered. This was done, but there is no receipt produced. It's therefore impossible to say for certain *what* was entered.

No payment was asked and signs are displayed as below (cannot take pictures of iPad at weekend as the cafe is closed, but will try to do next week - on foot!)

Now (3 March) a Parking Charge Notice has been issued, including times and pictures of vehicle entering and leaving car park.

Newbie advice recommends contacting the business concerned (the cafe owner, I assume). However, does that contact have to avoid reference to who was driver at the time? The thread of successful complaints is encouraging, but I couldn't see anything specific on that aspect.

Secondly, is it worth making a DPA SAR for details of the VRMs that were entered on that date around the times specified (as was done here)?

If I've read the Newbie thread correctly, then we should wait for a Notice to Keeper to arrive before engaging with them, so the only other question (I think) is whether we should also complain to MP as suggested in a number of threads.

Redx

Never reveal who was driving unless there is an overwhelming reason for doing so , which is rare
The royal WE is sufficient for complaining to retailers or landowners

A SAR could be useful for those reasons , so yes

If a postal notice was issued , that is an NTK , so do we assume only a windscreen ticket was issued ? Your post implies a postal notice with pictures was posted out , which is the NTK

Why would you not complain to your MP ??
Nothing will change until the MP,s get it sorted and it's almost 12 months since the bill received royal assent , with no changes yet , so how long are we supposed to wait ? 4  years like br*xit ?

qprfact

@Redx - thanks, that makes things clearer about the landowner response and the SAR too

Thanks also for clarifying about the letter - no windscreen ticket was issued, this is the first we've heard at all. Does that change anything? They are quoting £60 for paying within 14 days of issue, else £100

Redx

You said you were to wait for the NTK , yet that has already arrived and is what you are appealing , so as it's already arrived why are you waiting ?

Any appeal is likely to be rejected , regardless , so no it doesn't change anything except you aren't waiting for anything

The landowner complaint is always the best option , hence why it's strongly recommended

If you don't feel the system is fair , that is why you complain about it to your MP, same as thousands have already done

qprfact

Thanks again for coming back so quickly. I think I misread the Newbies thread as I didn't realise the letter received *is* the NTK.

So (hopefully last question for now!), I believe we now are at this stage:

"In the case of CURRENT IPC AOS MEMBERS ONLY, we now advise to WAIT for a Notice to Keeper to arrive and then challenge once as the KEEPER, not driver, using the template appeal, as shown below."

Is my understanding correct and we should be sending that template appeal?

Redx

Yes it's correct

The postal NTK has already arrived , because the Notice arrived in the post with The Keeper details on it , obtained via the DVLA , so an NTK

The blue text template is used to appeal as keeper , ukcpm will reject the keeper appeal

It's limbo land after that , unless you get a landowner cancellation , then possibly court within 6 years

Now you know why you should complain to your local MP

D_P_Dance

All of that small print at the bottom is likely to convince a judge that a valid contract has not been formed, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Also, the £100 on the sign is likely not to comply with the ATA's code of practice.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

 

qprfact

Thanks all for your help. Emails sent to owners of cafe and MP. SAR sent to CPM, and appeal completed online (and email acknowledgement received) - fingers crossed!

Umkomaas

SAR sent to CPM

What exactly did you ask for?  I wouldn't hold out much hope of getting a list of the VRMs entered into the  system on the day as each is personal data to the RK of the vehicle in question. 

You might try to get it again if a court claim is raised, but I don't think you'll get too much cooperation even then. 

Coupon-mad

Parking was in an area next to a cafe and swimming pool on 20th February. There is an iPad in entrance to cafe where VRM has to be entered. This was done, but there is no receipt produced. It's therefore impossible to say for certain *what* was entered.

Because there is no appeal that works (and the template is not designed to *work* v any IPC firm) and because UKCPM will sue you in the end, you need evidence.

Urgently get the CCTV images from the swimming pool Manager to prove you stood there and used the tablet.  Like in the other thread exactly like this where someone has the proof from CCTV (it's not the parking firm's CCTV).  You will need that later in court when you win and tear them a new one, and get costs.

Act quickly as they might wipe the reception CCTV every 21 days, or something.

qprfact

Well, here's the outcome - MP's office replied and asked for details, and the cafe owner too said they would take this up with council. We in the meantime got a response from UKCPM rejecting our arguments to them. Fortunately, though, the MP came good and confirmed that the ticket was to be cancelled. 
And the final thing - the DSA request - we got an email today saying that as the PCN had been cancelled, they had deleted all information and couldn't honour it. Funny that.....