Alliance Parking Fine

ImNoExpert

moneysavingexpertaccount12 I don't have a great deal to add, other than my vehicle received a PCN from this firm (under the guise of A S Parking) back in 2016, and thus far no court action has ever been forthcoming, so I wouldn't worry too much as I don't think this firm is as savvy with County Court claims as say ParkingEye, VCS, Excel, CPM, etc. For my vehicle, it only ever got as far as the "DRP stage" which is easy to ignore.

That's not to say you should be complacent, as there is always that possibility, but I do think you're in a much safer position with a firm like Alliance, who I don't think will go down the County Court route unless you make it easy for them - so be sure to follow the guidance in the Newbie thread.

On a side note, I did see that the car park that A S Parking were operating in that my vehicle was ticketed have recently been kicked out (PDF) due to their own breach of contract, so excuse me while I  I did see in the PDF that both Alliance Parking and A S Parking were referenced, so maybe @Castle was spot on with "Looks like they simply took over the contracts; I wonder if their landowners know?" - maybe this land owner found out?

A shame they are being replaced with Armtrac however.

Fruitcake

Thanks ImNoExpert.

For anyone searching, the info about AS breaching their contract in the above link, kicked out is on page 5 of the minutes, item 122. I hope someone has told the council that the car park cannot be operated as if it is privately owned.

Coupon-mad

Nope, it says they were source a replacement firm with an extraordinary meeting two days ago.  Someone needs to write to the Council and show them Robert Goodwill’s DFT letter and the Deregulation Act 2015 that banned Councils from using ANPR and CCTV for parking enforcement.

ImNoExpert

Would the above mean that the land was never "relevant" under POFA 2012 - Schedule Four?

Coupon-mad

Land that is under statutory control isn’t relevant land.  I wonder which horrific firm they’ve decided to let set up illegal ANPR cameras?

Castle

Fruitcake said:

Thanks ImNoExpert.

For anyone searching, the info about AS breaching their contract in the above link, kicked out is on page 5 of the minutes, item 122. I hope someone has told the council that the car park cannot be operated as if it is privately owned.

And I think this is the "(Off Street Parking Places) Order" from 2013 for that car park:-
https://www.stendellionpc.com/council-documents/attachment/parish-council-car-park-parking-places-order/

Fruitcake

Coupon-mad said:

Nope, it says they were source a replacement firm with an extraordinary meeting two days ago.  Someone needs to write to the Council and show them Robert Goodwill’s DFT letter and the Deregulation Act 2015 that banned Councils from using ANPR and CCTV for parking enforcement.

This might help. (Taken from a thread started last year by Umkomaas.) It needs to be read in sequence.

Prohibition of ANPR use by councils

Part 6 of the Traffic Management Act 2004 para 87 as amended by the Deregulation Act 2015 section 53 (*addition of para 87a *) allows for certain types of equipment to be prohibited.

* (1)The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.*

According to,

The Secretary of State's Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions, published in 2006

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/873752/statutory-guidance-local-authorities-enforcement-parking-contraventions-document.pdf

1.1 This Statutory Guidance is published by the Secretary of State for Transport under section 87 of the Transport Management Act 2004.

...

Enforcement using Approved Devices 
8.9

"Penalty charge notices must not be served by post on the basis of evidence from an approved device other than when vehicles are parked on:

a bus lane;
a bus stop clearway or bus stand clearway;
a Keep Clear zig-zag area outside a school; or
a red route."


In other words, a device has to be approved by the Secretary of State. Even if  ANPR is an approved device, it can only be used in the circumstances given above. Conversely it cannot therefore be used anywhere else for any other reason, including on street and off street parking.