Smart Parking and Pedestrian Zone on private land

DwayneDibbley

It also shows as not an adopted/council maintained road or public right of way

DwayneDibbley

Does this cover a private pedestrian zone as trespass even without parking a vehicle?
From the DVLA.

Landowners, private car parking companies and trespass management companies

Private car parking facilities provide a vital service in towns and cities throughout the UK. Many shops, hotels, pubs and doctors’ surgeries are affected when motorists park their vehicles in breach of a car park’s terms and conditions. Properly controlled data release from the DVLA vehicle register helps these organisations operate effectively for the benefit of all motorists. A motorist who parks a vehicle on private land does so subject to the terms and conditions set out on the car park’s signage. It is considered reasonable for businesses and landowners to seek redress if vehicles have been parked in breach of the terms and conditions. This could include overstaying the permitted time period, failing to pay the relevant charge or trespassing on land where parking is not allowed. Vehicles may also have been inconsiderately parked, for example in a space reserved for disabled motorists when not entitled to or obstructing access for emergency vehicles. DVLA provides data to allow landowners or their agents to pursue their legal rights and resolve disputes. To make sure motorists are treated fairly when any parking or trespass charge is pursued, DVLA will only provide vehicle keeper details where the company is a member of an Accredited Trade Association (ATA). ATAs enforce a code of practice which covers many aspects of a car parking operator’s business. While complying with the code of practice is an important consideration for DVLA when releasing vehicle keeper data, not all requirements of the code affect reasonable cause. DVLA will not disclose data to parking or trespass companies who are not members of an ATA. We expect the ATAs to monitor adherence to the code of practice and investigate and address non-compliance when it arises. 

Coupon-mad

 DVLA will not disclose data to parking or trespass companies who are not members of an ATA.

They did to Wing Parking after they left in October 2020, but that's for another thread...I got an FOI back from the DVLA today about that.

But no, they cannot have DVLA data for a moving traffic allegation - if the DVLA allow this they will allow all the stuff that @Half_way said:

Half_way said:
If PPCs start on so called moving traffic, then plenty of scope to cash in on things such as wrong way in a car park, 5mph limits, cars must reverse/must not reverse into spaces, the list is almost endless

Did anyone else notice that the APAs tried to sneak in non-parking contraventions in their fake '3rd tier' of suggested ridiculously extortionate £120/£100/£80 parking charge tier model that the MHCLG actually used as a proposal in the public consultation to PAS232 and the associated regulatory framework? 

The 3rd tier was imaginary, in the main, including ''selling goods from a vehicle'' and ''parking in a bicycle bay'' IIRC. 

Anyone ever heard of those as real breaches...no?   Selling goods, being boy racers - don't worry - a PPC ex-clamper thug firm near you is coming to the rescue of landowners, apparently, and it's all about security of car parks.  And the deterrent 'penalty' sum has to me massively high, according to the APAs who wouldn't know the meaning of a proper, fair and balanced 'credible deterrent' model if it was written on their bathroom mirrors for them to read every morning and night.

Anyhoo, the 3rd tier was mostly made up, wasn't it, to pretend to create a lower tier than three figures, and to sneak in a non-parking contravention under the radar.  If they get away with that as part of the new framework then anything can happen because it would mean there would be statutory agreement that DVLA data can be harvested for non-parking imaginary contraventions that the PPCs will make up as they go along.

Anyway re this specific issue, I complained to the BPA and DVLA in one email last night and the BPA have confirmed they are investigating.  As ever, the DVLA are silent (in the APAs' pockets).  A sorry state of affairs and one the MHCLG will have to get hold of by the scruff of the neck, or we will see all sorts of shenanigans and the DVLA will carry on handing over millions of registered keeper data for no reason whatsoever except profiteering by a thug industry.

DwayneDibbley

I almost want them to issue a PCN so they can be taken to task.

Coupon-mad

In your shoes I would as well. 

If they do show it to me by pm. It will add to the complaint if the DVLA are unquestioningly releasing data at this scam site and believe me I have complained in the right ears.

Half_way

Ive got a feeling nothing will come out of this, it will either be brushed under what is already a bulging carpet with a few fob offs, while the PPCs re write the codes of practice, again to suit their latest business model.
If you thought that the noris cole self ticketing was bad enough, wait until they get hold of a cheap radar gun, and/or start recording vehicles going the wrong way round a car park, not reversing into spaces and so on.
And it will all be done under the excuse of improving safety and security

nosferatu1001

"Private car parking facilities..."
This isnt a car park, so nothing in that applies

DwayneDibbley

nosferatu1001 said:

"Private car parking facilities..."
This isnt a car park, so nothing in that applies

That's what I thought. 

Half_way

Coupon-mad said:

 DVLA will not disclose data to parking or trespass companies who are not members of an ATA.

They did to Wing Parking after they left in October 2020, but that's for another thread...I got an FOI back from the DVLA today about that.

But no, they cannot have DVLA data for a moving traffic allegation - if the DVLA allow this they will allow all the stuff that

They may try and claim it as Trespass.

 As for previous examples, heres one from 2015 in Norwich where a PPC tried to enforce a car park one way system, the DVLA said they would investigate according to the article but no more was heard - I'm guessing it was another brush it under the carpet jobby

 https://www.eveningnews24.co.uk/news/motorists-stung-for-using-wrong-entrance-to-norwich-car-park-1736958

DwayneDibbley

They have a problem in that on the left hand entry side there is no sign, it looks like there used to be one there but it is juts a filled in little round hole now. Also, the pedestrian zone sign refers you to another sign half way down the 'restricted' area for full terms and conditions.

When you approach the road you cannot clearly read the cost of the fine on the entry sign on the right hand side of the road. It also only refers to it being a private car park, which it isn't.

The sign at the entry point states that ANPR will be used and DVLA will be accessed for any vehicle parked in breach of its T&Cs. Not stopping is not parking.