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Couldn't buy a ticket and left after 15 mins - NTK received using ANPR

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  • Vic20
    Vic20 Posts: 23 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Happy to oblige, here is a redacted version of the email sent for anyone to use as a template. I'll also add a link to this post on the main thread above as requested:
    --
    Dear < CEO name >,

    I hope you and your family are well.

    I am writing about the conduct and behaviour of Total Parking Solutions Limited (TPS) who < company name > have contracted to manage the car park at < full car park address >.

    As the keeper of a vehicle that visited < location / retail park name >, the car entered < car park name > and subsequently attempted to purchase a ticket. This was at < time > during a dark January evening and the machine would not accept coins, nor does it accept credit cards. The car park is also barely lit so it was a struggle to actually read the instructions on the tiny display and keyboard. The sign on the entry of the car park has not even been fixed correctly resulting in it falling off and I attach an image showing this for your reference. The car park is clearly not maintained to a satisfactory standard.

    After several minutes of trying to purchase a ticket in the dark without success, the driver left < car park name >. Subsequently, a Notice to Keeper parking charge was received from TPS several days later with ANPR images claiming that the vehicle parked without payment. The camera pictures merely show the time the vehicle entered and left the car park which amounts to < minutes > in total and does not recognise if the vehicle actually parked or that the machine failed to accept coins. The ANPR also clearly shows the sign at the entrance which has not been fixed correctly and fallen off.

    I have started the initial appeal process with TPS but wanted to get in touch with you as the purpose of entering the car park was < reason for visit >, and I understand that < company name > are the landowners. The car park itself does not follow industry guidelines for adequate signage, including not explaining the grace period for obtaining a ticket, and I have also searched the < local council > planning portal and could not find any planning permission to erect a pole mounted ANPR. This is a clear breach of the Town and Country Planning Act 1990.

    In the light of these circumstances, I would be grateful if you would in your capacity as landowner contact TPS to cancel the parking charge on the grounds that the intention was a legitimate visit to < location / retail park name > but given the machine would not accept coins, the vehicle left after several minutes without parking. TPS have also illegally erected a pole mounted ANPR and the law makes the principals liable for the actions of their agents so if you could also advise who from < company name > I can include as a witness in the event of a court claim by TPS, and available dates, that would be much appreciated.

    The conduct and behaviour of TPS in managing < car park name > is sub-standard given that they do not follow industry guidelines, and have put < company name > at risk of being liable for construction without the required planning permission. TPS have not looked after the interests of < company name > by illegally erecting a pole mounted ANPR, not maintaining the site to a satisfactory level and installing machines that do not work having inadequate signage and lighting that does not even follow standard industry guidelines for grace periods when obtaining a ticket.

    I urge you to reconsider your appointment of TPS to manage < car park name >, especially given the clear planning breach and manner in which the car park is being operated.

    Yours sincerely,

    < your full name >
    --
  • Umkomaas
    Umkomaas Posts: 43,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nice complaint letter. 👍

    Very helpful framework for anyone implementing Plan A - but watch how many copy it blind!
    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
  • Fruitcake
    Fruitcake Posts: 59,462 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 March 2021 at 10:52AM
    It would be extremely useful if you remind us of the location address, and the name of the landowner as well as the active email address you sent the complaint to. If we don't know who the landowner is, we can't direct other victims to them.

    Well done on getting this cancelled, and well done on doing good, proper research to aid your case.


    I married my cousin. I had to...
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    "You're Safety Is My Primary Concern Dear" - Laks
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