Smart Parking and Pedestrian Zone on private land

Fruitcake

Only if they want to rely on the PoFA 2012, or a NTD was issued in which case it is too early to receive a NTK (An NTD could have been issued but may have been removed by a person or persons unknown after the scammer's weasel took a photo of it on the car.)
They don't have to use the PoFA if they don't want to.

nosferatu1001

DwayneDibbley said:

nosferatu1001 said:

Not really, no, given they have 6 months to

But they've missed the going after the RK deadline though. 

and? 
We have a claim live, right now, with a NtK from 113 days after the material date. The (R) Keeper can still get sued...

DwayneDibbley

Fruitcake said:

Only if they want to rely on the PoFA 2012, or a NTD was issued in which case it is too early to receive a NTK (An NTD could have been issued but may have been removed by a person or persons unknown after the scammer's weasel took a photo of it on the car.)
They don't have to use the PoFA if they don't want to.

No NTD was issued, no vehicle left unattended or parked.

I thought they could only go after the RK if PCN issued within 14 days if the driver hasn't or won't be be identified? 

Fruitcake

DwayneDibbley said:

Fruitcake said:

Only if they want to rely on the PoFA 2012, or a NTD was issued in which case it is too early to receive a NTK (An NTD could have been issued but may have been removed by a person or persons unknown after the scammer's weasel took a photo of it on the car.)
They don't have to use the PoFA if they don't want to.

No NTD was issued, no vehicle left unattended or parked.

I thought they could only go after the RK if PCN issued within 14 days if the driver hasn't or won't be be identified? 

Again, no, not if they do not wish to rely on the PoFA. They have six months to obtain keeper data from the DVLA.

DwayneDibbley

Is that the same situation for BPA members and IPC? 

Fruitcake

It makes no difference.

nosferatu1001

DwayneDibbley said:

Fruitcake said:

Only if they want to rely on the PoFA 2012, or a NTD was issued in which case it is too early to receive a NTK (An NTD could have been issued but may have been removed by a person or persons unknown after the scammer's weasel took a photo of it on the car.)
They don't have to use the PoFA if they don't want to.

No NTD was issued, no vehicle left unattended or parked.

I thought they could only go after the RK if PCN issued within 14 days if the driver hasn't or won't be be identified? 

POFA is optional
They, like anyone, can file a claim on MCOL against anyone they like. 
I dont know why people assume there is a magical gateway that stops them. There isnt. They can make a standard POC claim of "driver and / or keeper" . Done

Coupon-mad

Just to conclude this one (probably) I complained to the BPA and DVLA about this set up and the response from Sara Roberts (Head of AOS) is as follows:

April:

BPA-017883

Thank you for your patience whilst we have approached Smart Parking Limited regarding this case.

I can confirm that we have investigated this complaint and discussed it with both the DVLA and Smart Parking Limited.

Smart Parking Limited have confirmed that the intention for the pedestrian area of the site, also known as Westway Place, Church Way, was to operate this area as a no parking area, to create a safe pedestrian zone and ensure delivery and emergency vehicles had safe access.  Having opened up the far end of this area, following site developments, in January 2021,  they were aware that motorists would be tempted to use this pedestrian zone as a through route and the signage was erected to discourage this.

A grace period was in place and parking charge notices were issued to vehicles parked within the area for longer than 10 minutes.

The site signage is currently being reviewed and replaced. Signage will shortly be in place to reflect that the area is a ‘no parking’ area and parking charge notices will be only be issued to vehicles not adhering to the revised parking terms and condition signage. Smart Parking Limited have also confirmed that parking in this area will be managed using a mix of ANPR and warden patrols and that parking charge notices will only be issued after the consideration period has elapsed.

Enforcement of this area has been on hold throughout our investigation.

Prior to our investigation 32 parking charge notices were issued to parked vehicles within this area.  Smart Parking Limited have shared with us the VRM data for these vehicles and have also confirm that all 32 notices will be cancelled.  9 of the 32 parking charge notices had been paid and will be refunded.

Thank you for bringing this case to our attention, we will continue to work with Smart Parking Limited as the site changes are implemented.

I hope the above is helpful.    

Kind regards

Sara RobertsHead of Approved Operator Scheme

Then I asked a few questions and got this response in May:

BPA-017883

Thank you for your email.

I am now able to confirm that the changes have been made to the signage in the pedestrian area of the site, also known as Westway Place, Church Way.

The area will be managed 24/7 as no parking.

I will now close the case with a note that the following actions have been taken:

• Existing T&C signage replaced, new T&Cs reflecting that this is a ‘No Parking’ area and that parking in this area may result in a parking charge notice has been erected.
• The area will be managed using a mix of ANPR and warden patrols
• Parking charge notices will only be issued after the consideration period has elapsed
• All 32 PCNs issued during the time this area was opened up have been cancelled,  where payment had been received they have been refunded.

I am happy for you to quote my comments.

Kind regards

Sara Roberts

Head of Approved Operator Scheme

I would say, if anyone gets any PCNs or letters that don't fit with the above, then you can quote the complaint number above and take it back to the BPA.