Question. Why is this scenario "legal" and not a crime.. Baffled??

scamnomoreplz

Thank you to all the moderators and experts for all your help and advice on these boards.   Brilliant job.   I am not asking for help yet but just querying: When does a "legal - ish" scam become a "criminal" scam?  

I paid and displayed my ticket in accordance with the instructions on the information boards.  My ticket was in date and clearly visible from the windscreen and side window.   Got a PCN for non display of ticket.   Applied for SAR from the issuers and received several photos.  The person taking the photos had been very creative with their photographic angles and brilliantly managed to use the sun glare to blur out the area where I placed the ticket.   In  other words they have made it look like I did not display my ticket. 

Surely this is illegal isn't it???    I know these parking parasites use every "legal - ish" trick to extort money and scare us into paying but to disguise/falsify evidence is illegal???  Isn't it???

Or am I just naive??

Thanks in advance.

Redx

I believe that it happens daily , so if you take them to court and prove fraud then maybe you are right

Maybe a complaint to your local MP and trading standards may prove your point , especially if the photographer is prosecuted for fraud or similar and found guilty

The photographer is deemed not guilty until proven guilty in a court of law. The question is , how do you achieve a successful prosecution ??

fisherjim

They try every trick as you say, UKPC are notorious for it, but that's down to their incentivised employees, which is another thing that is against the rules but they flout it.

Fruitcake

The whole private parking industry is unregulated. There are no rules, so PPCs can do whatever they like. This is why MPs across all parties have referred to these companies as rogues, scammers, and bloodsuckers.

In your case, what crime do you believe has been committed? Attempting to obtain monies by deception perhaps?
What do you think would happen if you reported this to the police? I suspect the answer would be along the lines of, "It's a civil matter madam/sir."

You could try a private prosecution, but unlike a civil case that relies on the balance of probabilities, you would have to prove that the parking attendant deliberately attempted to defraud you, and the company and its officers was complicit.

What proof do you have that there was a ticket on display at the time of the alleged event, and the attendant deliberately took misleading photos. I would surmise that you do not have the necessary proof that would stand up in court, and that's how these unregulated companies get away with it.

UKPC were caught doctoring time stamps on their photo "evidence". Nobody was prosecuted, and all they got was a temporary ban from obtaining keeper data from the DVLA.

Another company had an attendant who carried a portable no parking sign. It would be placed next to a parked car, photos taken, then the sign removed. The first the motorist knew about it was when they got a love letter in the post from the PPC.
Nobody was prosecuted, and again the PPVC got a mild slap on the wrists.

I suggest you complain to the landowner, the PPC, their ATA, the DVLA, the DVLA KADOE team, the ICO, and your MP.

Please also tell us the name of the PPC, and the location as it may have cropped up here before.

D_P_Dance

Surely this is illegal isn't it???  

There is a distinct difference, read this,

https://www.google.com/search?q=is+there+a+difference+between+legal+and+lawful&oq=legal+v+lawful&aqs=chrome.1.69i57j0i390l2.11447j0j15&sourceid=chrome&ie=UTF-8

Snakes_Belly

Is it possible to post the photograph in question please?

There are people that can analyse photographs.

I have a friend who is an astro photographer. I could ask her to take a look.

Snakes_Belly

There are ways of telling if a photograph has been doctored. Jenni_D may be familiar with software that can tell if a photograph has been altered.

If you can get evidence that the photograph has been altered (expert witness), I would let them do their worst and counterclaim to stop them pulling out at the last minute.

scamnomoreplz

Snakes_Belly said:

Is it possible to post the photograph in question please?

Thank you for your reply and offer.   I am not suggesting they have doctored the photographs just that they have deliberately missed off my displayed ticket to deceive me and possibly (probably) the courts.    These are 3 of the images supplied.  I have drawn over the date as I know the parking companies are monitoring the boards. My ticket was displayed on the dashboard visible through the windscreen and the side window.     They placed the PCN on the door window, again giving the impression that no ticket was displayed.  

Coupon-mad

Send your evidence to the landowner and ask if this is the sort of conduct they want their agent to carry out against paying patrons as the Country starts to recover and people come back to retail parks and other public facilities.

Which PPC?  UKPC?

scamnomoreplz

Coupon-mad said:

Send your evidence to the landowner and ask if this is the sort of conduct they want their agent to carry out against paying patrons as the Country starts to recover and people come back to retail parks and other public facilities.

Which PPC?  UKPC?

Thank you for your reply.   Sadly it was lots of years ago, but just enough time for the parasites to trawl through their past PCNs, so I have missed the landowner route.   It was Excel.

Redx

So it's a civil matter between you and Excel parking !!

They say you didn't follow the parking rules , you say you did , you paid and displayed !!

So depends if they are complaining about non payment or failure to display properly

You both disagree with each other , so if they claim , you counter claim , a judge decides !!

Or the 6 year statute kicks in due to the Limitations Act 1980 , if it's in England and Wales ?