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Parking Charge Notice ***** SUCCESS *****

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Comments

  • Umkomaas
    Umkomaas Posts: 43,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please advise what else I need to do at this stage. Thank you.
    Politely, please keep anything to do with your own case on your own thread, otherwise this one will split and drift.  Your own thread has all the details of your case. This one has those relating to the @carolec case.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • John79bhx
    John79bhx Posts: 25 Forumite
    10 Posts Name Dropper
    Umkomaas said:
    Please advise what else I need to do at this stage. Thank you.
    Politely, please keep anything to do with your own case on your own thread, otherwise this one will split and drift.  Your own thread has all the details of your case. This one has those relating to the @carolec case.
    @Umkomaas - Yes, sure - I only added info in here as it's exactly the same issue - carolec and myself have taken the same steps as advised until now (requested SAR, complained to BPA) but not clear what to do next. 
  • Fruitcake
    Fruitcake Posts: 59,473 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    John79bhx said:
    Umkomaas said:
    Please advise what else I need to do at this stage. Thank you.
    Politely, please keep anything to do with your own case on your own thread, otherwise this one will split and drift.  Your own thread has all the details of your case. This one has those relating to the @carolec case.
    @Umkomaas - Yes, sure - I only added info in here as it's exactly the same issue - carolec and myself have taken the same steps as advised until now (requested SAR, complained to BPA) but not clear what to do next. 
    That's why you need to ask that question on your own thread. By all means keep an eye on this one, and keep in touch with the OP if you can help each other, but please only post your queries on your thread.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • carolec
    carolec Posts: 50 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    SUCCESS!!

    I have just received the following email from Sara Roberts following my letter of complaint and I’d like to take this opportunity to sincerely thank everyone who has helped me to reach this successful conclusion.

    Dear ******

    BPA-******

    PCN ******

     Thank you for your patience while I contacted Defence Systems Limited t/a Park Watch for further information.

    It might be helpful if I begin by explaining that our role as an Accredited Trade Association is to investigate alleged breaches of the Code of Practice by members of our Approved Operator Scheme. Please appreciate that our remit does not extend to compelling operators to cancel charges or becoming involved in the appeals process.

    Parking Charge Notice

    Defence Systems Limited t/a Park Watchhave responded to advise of the following timeline:

     Timeline

    05/02/2022 – Vehicle found in contravention

    07/03/2022 – Request for Registered Keeper details sent to DVLA

    08/03/2022 – Response received from DVLA with Registered Keeper details

    08/03/2022 – Reminder sent to Registered Keeper

    16/03/2022 – Data Subject Access Request received

     

    Defence Systems Limited t/a Park Watchhave advised that this Parking Charge Notice was issued because the vehicle was parked in a No Parking area within the Arena Shopping Centre, Coventry car park on 5th February 2022. The signage states, “No parking at any time” and “No waiting at any time”. The vehicle was observed parked on hatched white lines.

     

    Defence Systems Limited t/a Park Watchhave confirmed that on this occasion the application used to issue the parking charge defaulted to issuing a Notice to Vehicle rather than a Notice to Keeper. The Operative therefore treated this as if it was a Notice to Keeper and didn’t affix a notice to the vehicle (as would be the correct process for a Notice to Keeper). 

     

    As per the BPA Code of Practice, 13.4 applies in this area of the car park as the vehicle is parked within a no parking area, clearly on hatched markings. By the Driver choosing to park the vehicle in contravention of the signage, they entered into a contract and agreed to comply. As such, a grace period was not required.  

     

    Defence Systems Limited t/a Park Watch have commented that whilst there was reasonable cause to issue the Parking Charge (as the vehicle was parked in a no parking area with no authority to do so) they have cancelled the Parking Charge Notice, as a gesture of goodwill, rather than re-issuing a Notice to Keeper.

     

    Website

     

    With respect to accessing their websiteDefence Systems Limited t/a Park Watchhave commented that they were unaware of any issues. They have however passed your feedback onto their  IT department and apologise for the issues this caused you.  From additional communication now received from you they believe you have now managed to access their website

     

    Self-Ticketing

     

    You have also mentioned Self-Ticketing.  Within our current code of practice Self-Ticketing is permitted and parking charge notices can be issued to windscreen or to keeper.  With respect to revenue paid to self-ticketers our code does not permit the practice of offering financial incentives relating to thequantity of charges issued.

     

    Clause 15.8 The practice of offering financial incentives relating to the quantity of parking charge notices directly to the person who issues a parking charge notice or gathers evidence for one, in a self ticketing or similar arrangement is prohibited

     

    Summary

    As the operator has responded accordingly and the parking charge notice has been cancelled this case is now closed. Thank you for bringing this matter to our attention and assisting us to raise standards within the private parking sector.

    I hope the above is helpful.    

    Kind Regards

     

    Sara Roberts

    Head of Approved Operator Scheme

    British Parking Association 

    Web:  www.britishparking.co.uk

     

    cidimage001jpg01CC52C5F7D86250        

     

     

    Think of the environment - do you need to print this email?

     

    For information about what we do with personal data see our Privacy Policy . Please note that we may share with the operator elements of what you have sent us if we believe doing so assists our investigation or helps us to determine whether a breach of our Code of Practice has occurred.

     

    Legal Disclaimers

    British Parking Association Registered in London with Limited Liability.

    Registered No. 979689. Registered Office: Chelsea House, 8-14, The Broadway

    Haywards Heath, West Sussex RH16 3AP

    VAT Registration No. GB 600 3376 86

     

     

     

  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper


     

    Defence Systems Limited t/a Park Watchhave confirmed that on this occasion the application used to issue the parking charge defaulted to issuing a Notice to Vehicle rather than a Notice to Keeper. The Operative therefore treated this as if it was a Notice to Keeper and didn’t affix a notice to the vehicle (as would be the correct process for a Notice to Keeper). 

     

     

     

     

    This is incomprehensible gibberish and makes no sense whatsoever . Or is it me?
    The pen is mightier than the sword ..... and I have many pens.
  • carolec
    carolec Posts: 50 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker


     

    Defence Systems Limited t/a Park Watchhave confirmed that on this occasion the application used to issue the parking charge defaulted to issuing a Notice to Vehicle rather than a Notice to Keeper. The Operative therefore treated this as if it was a Notice to Keeper and didn’t affix a notice to the vehicle (as would be the correct process for a Notice to Keeper). 

     

     

     

     

    This is incomprehensible gibberish and makes no sense whatsoever . Or is it me?
    Didn’t mean a lot to me either. I’m just so pleased that the PCN has been cancelled 🥳
  • Castle
    Castle Posts: 4,950 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes, it's "gibberish", as they appear to blaming "computer error", (yet again).
  • Fruitcake
    Fruitcake Posts: 59,473 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 April 2022 at 5:40PM
    Notice to vehicle?! Are they now sentient beings, with their own data rights, ability to pay, and to argue their case? I know that electric vehicles are a big step forward but a notice to vehicle suggests human- mechanical hybrid.  Do the PPCs have inside intelligence of a key new development? Humdinger 

    Post corrected for clarity.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • 95Rollers
    95Rollers Posts: 808 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    Notice to vehicle?! Are they now sentient beings, with their own data rights, ability to pay, and to argue their case? I know that electric vehicles are a big step forward but a notice to vehicle suggests human- mechanical hybrid.  Do the PPCs have inside intelligence of a key new development? Humdinger 
    They are called "Defence Systems Ltd" so maybe they sre like a real life version of Stark Industries or Skynet from the Terminator movies! But instead of using their machines to take over the world they are more interested in using their Tech to maximise opportunities for harvesting NTK details from the DVLA !?! 
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