Shenfield Station PCN - Success of Plan A (Title change)

Nuddmann

Ok folks, so glad I lurk around here all the time so didn't need to have a tantrum today...

Driver parked in Shenfield station car park, paid for parking via PaybyPhone app. All receipts and parking history saved. In fact, as I type there's still 10 hours left on the session!!

NTD left on windscreen. 

NCP managed station car park is owned by Greater Anglia so not relevant land. Reason for PCN is parking in a restricted area. Photos taken by driver of car in situ, fencing behind car and of the bay once car driven out; there is nothing to mark the bay as a restricted bay. The Ts & Cs do mention restricted areas but, as stated, photographic evidence clearly shows that the bay used was not marked in any way and so therefore a significant degree of telepathy would have been needed to identify its as a restricted area.  Some bays are marked with printed laminated labels, which don't have the NCP logo on them and one is actually handwritten in runny felt-tip pen, but not this bay. No other signs near the vehicle to indicate a map showing restricted bays, certainly none at the entrance. 

So, I understand that keeper liability won't apply and usual process for a NTD is to wait until day 25/26 however, I would quite like to kill this off ASAP, as proof of payment and photos that the bay used was not shown as restricted, are all available. I'm minded to adopt the following strategy and would value any constructive opinion:

1. Use the blue template, with addition of proof of payment and total absence of bay restrictions.
2. Addition to the blue template to the effect that, in the face of evidence, if charge is not cancelled and keeper details sought I WILL be suing for a GDPR data breach and WILL start at £500. Plus complaints to BPA, ICO et al. 

I realise that this could be strung out for 6 months as not relevant land but in the current climate where the pond life PPCs have no money, they seem to be chancing their arms at small claims court with a foot in each camp re non relevant land. Plus, it seems to me if I send them an early appeal with evidence, it will strengthen any small claim that I make. Which I most definitely will. 

Your thoughts?

D_P_Dance

How have thet breached your data?  Surely they have every right to ask for the details of any vehicle parked anywhere  on their land.  

Redx

They haven't obtained your data as keeper , yet , so there is no breach , yet !

I would stick with the appeal at day 26 , because you are hoping that they won't obtain keeper data by day 56 and so won't issue a NTK either

Slowly slowly catchee monkey !  😁😁

Nuddmann

Redx said:

They haven't obtained your data as keeper , yet , so there is no breach , yet !

I would stick with the appeal at day 26 , because you are hoping that they won't obtain keeper data by day 56 and so won't issue a NTK either

Slowly slowly catchee monkey !  😁😁

Be patient, got it. 

Nuddmann

Ok folks, so an update to demonstrate how plan A, with suitable persistence can work, even with railway station car parks. 

While waiting for day 26 to appeal, I emailed Greater Anglia complaining about predatory ticketing, attaching my photo evidence and insisting on a cancellation. Initial customer service response was the usual, limp excuse that they're neutral, can't intercede, use the appeal process blah blah blah. 

This was followed up by an email to the CEO, address took 30 seconds to find on Google, so all those who ask for a template etc for everything, please note the value of your own research. 

Email received the very next day (today) informing me that NCP contacted and told to cancel the charge, which they've agreed to do. This hasn't yet been done on their website but, rest assured, I'll be checking this daily.

I've posted the emails I sent below, in case anyone finds them useful and in case anyone's had a PCN for parking in a Premier Bay at Shenfield station. You'll note Mr Farrell's naive confidence that an appeal would have worked! Still, decent customer service and the end result should be that the bays now get properly marked. 

Nuddmann

Initial email to Greater Anglia followed by email to CEO and replyDear Sir or Madam

I am writing to you to complain about the predatory actions of your agent, NCP, in issuing a parking charge notice to the vehicle of which I am the registered keeper, on 21/10/21. 

The PCN notice number is XXXXXXXXX, VRM XXXXXXX

The charge was issued because the car park attendant alleged that the vehicle was parked in a restricted area. As you will see from the NCP photos attached, there were no signs in the bay chosen by the driver to indicate that the bay was in or part of a restricted parking zone. The close up of the sign indicating a restricted bay appears to be taken from the empty bay next to the vehicle, as clearly seen in photos 1 & 7.  Having entered the car park and seeing some signs, the driver carefully chose a bay in which there were no restriction signs, thus not creating a contract in that respect. It seems that the close up photo has been deliberately taken to infer that it is in the bay used by the driver, which is clearly not the case, an indication of predatory ticketing outside of your agent's professional associations's guidelines.  

On returning to the vehicle, the driver took their own photos, one of which is the empty bay the driver parked in, clearly showing the total absence of any signage indicating that the bay was restricted, either on the fence or marked on the bay tarmac.  In addition, car parking was paid for, at the cost of £11.00. Confirmation of this is below. The photos are attached along with the NCP evidence.

 

SCREENSHOT OF PAYBYPHONE PAYMENT HERE

While, as the keeper, I am aware that NCP have an appeal process, Greater Anglia is the principle in the car park management arrangement, with NCP being your agent.  As such, I am sure that you are aware that you are responsible for the actions of your agent and have the ability to have this unfairly issued, predatory parking charge cancelled without me having to waste my time appealing to NCP, who are likely to reject it despite evidence that their attendant issued the charge unfairly and in error. 

I strongly insist that you contact your agent, in the face of the prima facia evidence that they and I have supplied, informing them that there was no breach of contract and that signage relied upon to issue the charge was simply not applicable to the bay chosen by the driver. In light of this, I need to strongly assure you that in the event that any personal data is obtained by your agent, or any form of legal proceedings instigated, Greater Anglia as the principle will be included in my counterclaim for breach of GDPR and any actions relating to unreasonable behaviour by your agent. 

Please ensure that this charge is cancelled immediately and perhaps insist that your agent properly marks the full extent of any restricted areas so as to comply with their own associations requirements and those of the Consumer Rights Act 2015. 

Photos are attached to this email as a PDF file. 

Yours faithfully

INITIAL REFUSAL

Dear,

Thank you for contacting Greater Anglia regarding the fine you have received at Shenfield Station. 

Regrettably as the car park is operated by NCP we must remain neutral regarding any appeals customers may have. NCP has a robust appeals process and take into account the situation as a whole. 

We have forwarded your complaint, as per our process, on to their Customer Relations Centre. However, I would encourage you to log an appeal with them directly also. 

I am sorry we were unable to assist on this occasion and if there are an other enquiries we can help with please do not hesitate to contact us. 

Best regards, 

Stewart
Customer Relations
Greater Anglia 

Nuddmann

FOLLOW UP COMPLAINT TO CEO

Dear Mr Burles

I am writing to you in relation to a prior complaint made to your customer relations department to which I have not received a satisfactory response. The original email is copied below however, in short, my complaint relates to the issue of a parking charge notice in the Hunter Avenue car park for Shenfield Station, which I believe is owned by Greater Anglia and managed by your agent, NCP. 

The driver paid £11 for parking and parked the vehicle in a bay that was in no way marked or otherwise indicated as a restricted area, yet a PCN was attached to the vehicle for this reason. Photo evidence produced by the NCP attendant and the driver clearly show that the bay was not shown as restricted in any way therefore, the breach of contract alleged clearly did not take place. 

I write to you, as the owner of the car park and principle in the contract between Greater Anglia and NCP because it is within your ability to direct your agent to cancel the PCN without the driver, or keeper, having to engage in the appeal process with NCP. NCP have become increasingly predatory in car parks, with tickets being routinely issued without cause and appeals routinely rejected and debt collection proceedings and court action following. I would respectfully draw your attention to the MoneySavingExpert (MSE) forum dealing with dozens of unfairly issued and predatory parking charges a day. NCP increasingly figure among some of the more egregious examples and reflect poorly on the landowners with whom they have contracted. 

In the event that the charge is not cancelled NCP are highly likely to reject an appeal, even in the face of irrefutable evidence that the vehicle was parked correctly. Any request for personal data by NCP will be pursued as a breach of GDPR, through the small claims court if necessary. As the principle in the contract with NCP, Greater Anglia, as I am certain you are aware, are liable to be included as a defendant in any action. Stated cases such as Vidal-Hall vs Google have set a precedent for damages to be recovered for breaches of personal data. While I fully understand that NCP manage the car park on behalf of Greater Anglia, this does not remove Greater Anglia's responsibility for the actions of their agent in the predatory ticketing of paying customers. 

I must respectfully insist that you contact NCP and have this  charge, unfairly issued to a paying customer of your company, cancelled without having to engage in NCP's biased appeals process and averting the need for me, as the keeper, to have to engage in lengthy appeals to POPLA after the inevitable rejection of any appeal by NCP. 

The charge reference is XXXXXXX Vehicle XXXXXXX

I attach the driver's photos taken immediately on return to the vehicle plus the original email complaint. 

Yours faithfully

TODAY'S EMAIL CANCELLING CHARGE

 Dear 

Thank you for the letter you sent to our Managing Director Jamie Burles.  

My name is Steve Farrell and I work within the Senior Customer Contacts Team here in Norwich.  Jamie has read your letter and asked me to make direct contact with you on his behalf.  The letter did not contain any contact details so I searched your name on our systems and found that you already had this case open with Customer Relations.  

Please allow me to apologise for any distress caused by the Parking Charge Notice you were issued at Shenfield Station.  In addition, I am also sorry that you were left disappointed by the response from Customer Relations who simply passed this back on to NCP.  

I fully appreciate what you have said regarding the lack of signage and how this Notice should not have been issued.  At present we are seeing the road markings fading considerably, especially at the premier bay side of the car park.  As a result of this, if the appeals process had have been followed then NCP should have cancelled this for you.  

I have been in direct contact with NCP today and asked them to cancel the PCN for you.  This has been agreed and will be cancelled with immediate effect and therefore no further action will be required.  

In addition, I would like to let you know that NCP and our Asset Management team are now in discussions regarding the signage at Shenfield.  We recognise that this needs to be renewed so that it is more clear to customers, and action will now be taken. 

I hope that I have been able to bring this to a suitable conclusion for you and I am sorry once again for the inconvenience caused.  

Regards, 

Steve Farrell
Senior Customer Contacts Team



So, hopefully, will be useful to show what some persistence will do. Photos were sent with the emails, which I think proved decisive. 

Coupon-mad

That's very good.  

followed up by an email to the CEO, address took 30 seconds to find on Google, so all those who ask for a template etc for everything, please note the value of your own research. 

Email received the very next day (today) informing me that NCP contacted and told to cancel the charge, which they've agreed to do.

Nicely done! 

Please can you add a summary to SUCCESSFUL COMPLAINTS ABOUT PPCS, linking to this thread to read the full story and telling newbies who to contact (email address or where to look to find it...).

Nuddmann

Coupon-mad said:

That's very good.  

followed up by an email to the CEO, address took 30 seconds to find on Google, so all those who ask for a template etc for everything, please note the value of your own research. 

Email received the very next day (today) informing me that NCP contacted and told to cancel the charge, which they've agreed to do.

Nicely done! 

Please can you add a summary to SUCCESSFUL COMPLAINTS ABOUT PPCS, linking to this thread to read the full story and telling newbies who to contact (email address or where to look to find it...).

Thanks

All done

patient_dream

Congrats ..... you beat a cowboy ..... it's happening more and more

PLAN A is a cowboiy beater

D_P_Dance

Have you complained to your MP?