Private parking ticket issued on land not owned by the property!

Umkomaas

Park Direct are ex-clampers and have been at this game for years!

https://www.dailymail.co.uk/news/article-1213482/Gone-30-seconds-How-cowboy-clampers-pounced-half-minute-claim-150-fine.html

WesAslan

They're an absolute disgrace! I've now also email citizens advice trading standards team. Hopefully they can deal with the matter, as this is not a fair practice and a fraudulent scheme on public highway. 

WesAslan

DVLA responded saying vehicle details have not been release... meh I forgot that this is a new vehicle that got the new ticket, now that I appealed to the PPC, I guess they don't need to go to the DVLA regarding this ticket... kind of a loophole. But I now mentioned my old vehicles details were released on the same spot. 

I actually also said, well now the DVLA have the information before hand and they have ample room to perform a regulated service preventing a data breach. Hoping they do something this time. 

Le_Kirk

WesAslan said:

DVLA responded saying vehicle details have not been release... meh I forgot that this is a new vehicle that got the new ticket, now that I appealed to the PPC, I guess they don't need to go to the DVLA regarding this ticket... kind of a loophole. But I now mentioned my old vehicles details were released on the same spot. 

I actually also said, well now the DVLA have the information before hand and they have ample room to perform a regulated service preventing a data breach. Hoping they do something this time. 

Just a question about why you receive so many PCNs.  On a previous post you mention that you had "had enough" of the ticketing and started to write complaint letters.  Do you live somewhere that is infested with PPCs or do you fail to follow instructions in paid for car parks?

Fruitcake

Le_Kirk said:

WesAslan said:

DVLA responded saying vehicle details have not been release... meh I forgot that this is a new vehicle that got the new ticket, now that I appealed to the PPC, I guess they don't need to go to the DVLA regarding this ticket... kind of a loophole. But I now mentioned my old vehicles details were released on the same spot. 

I actually also said, well now the DVLA have the information before hand and they have ample room to perform a regulated service preventing a data breach. Hoping they do something this time. 

Just a question about why you receive so many PCNs.  On a previous post you mention that you had "had enough" of the ticketing and started to write complaint letters.  Do you live somewhere that is infested with PPCs or do you fail to follow instructions in paid for car parks?

Le_Kirk, the OP is getting NTDs left on their car when parked in what appears to be a public road, outside the area where the PPC operate according to their site plan.
This appears to be a self ticketer who is slapping bog paper on cars parked in an approach road leading to an infested parking area.

WesAslan

Le_Kirk said:

WesAslan said:

DVLA responded saying vehicle details have not been release... meh I forgot that this is a new vehicle that got the new ticket, now that I appealed to the PPC, I guess they don't need to go to the DVLA regarding this ticket... kind of a loophole. But I now mentioned my old vehicles details were released on the same spot. 

I actually also said, well now the DVLA have the information before hand and they have ample room to perform a regulated service preventing a data breach. Hoping they do something this time. 

Just a question about why you receive so many PCNs.  On a previous post you mention that you had "had enough" of the ticketing and started to write complaint letters.  Do you live somewhere that is infested with PPCs or do you fail to follow instructions in paid for car parks?

Hi, thanks for the question. Like @Fruitcake metioned, the road I'm parked on is a public adopted road which is made available to public use by the London Borough of Enfield. Additionally, they don't even own the strip of land I'm parked on. On top of all this, there's no sign on entry and no road markings/signs on the side I'm parked on; all the signs are on their side of the road and their buildings. 

Either it's a self ticketer or the parking company (I suspect its the PPC because the ticket is printed out). They have ample space with several bays and over 20 garages + huge empty space, but they're preventing me from parking on public adopted highway maintained at public expense! Like I mentioned before, I don't nuisance park, nor do I block anyone's driveway or anything. 

I live on a bus lane and have 24/7 operated shops nearby so It's incredibly difficult to find parking spot nearby. I park on a side street with car wash/bikeshop but someone keeps deflating my tyres. It is dangerous for us to park far away as I have a parent with disabilities, I don't want to go through the stress of having to deal with deflated tyres too... so when there is no space on main road, I park on place mentioned in the original post, i.e. on land not owned by the landowner of clare court issuing the tickets. 

When I tried to contact the PPC they made mockery of my intelligence by using intimidating pseudo-legal language, they're not accepting any guilt or wrongdoing, they're claiming Her Majesty's Land Registry "may or may not be wrong" by 2-5m... it's not like the plot is empty with nothing in the surrounding, if it had any margin or error it will overlap other properties/main-road or a bus stop!

I sent them evidence that the road was adopted by the London Borough of Enfield and they're failing to respond. 

The PPC were even unsure of their patrol zone, when I questioned them they had to confirm with the landowner because all they had was a google satellite image not the official Land Registry! This gives them incredible leeway to obtain anyone's data even on public road, so technically anyone can draw a custom boundary on google maps and start a pyramid scheme to fraudulently profit of the public's back!

Coupon-mad

I think @Johnersh said earlier, this could be considered a course of conduct that is harassment.  Had you thought of sending a LBC to the parking firm, telling them to stop and drop every PCN, and cease and desist ticketing your car there, or you will sue them for abuse of your data and distress due to a course of conduct of harassment, because this is now impacting your daily life, keeping you awake and stopping you from doing important work and family (real life) things.

WesAslan

Coupon-mad said:

I think @Johnersh said earlier, this could be considered a course of conduct that is harassment.  Had you thought of sending a LBC to the parking firm, telling them to stop and drop every PCN, and cease and desist ticketing your car there, or you will sue them for abuse of your data and distress due to a course of conduct of harassment, because this is now impacting your daily life, keeping you awake and stopping you from doing important work and family (real life) things.

If I do send a LBC I would have to claim right essentially later on... because it is guaranteed the parking firm are just going to say go ahead and are probably going to ignore it. 

If that occurs where do I go, how do I start a claim, what are the costs associated? How long will it take?

I emailed the PPC for a subject access request, they sent the letters they sent me, added to this post as image. Two penalty letters essentially to the keeper to pay or name the driver. 

They however failed to send all the solicitor letters and debt collection letters and the pre action protocol stuff. I asked them to send these too but they said they don't need to and directed me to the privacy policy: 

Your personal data may be shared for the payment of a parking tariff or charge with: third parties, such as a payment facilitator, an external software provider, debt recovery companies, solicitors, The IPC, court and high court officers/bailiffs where necessary to ensure compliance with your obligations under the contract. We will not transfer your personal data out of the EU.  

It is apparent that this is clearly based on a contract between two parties... but the contract is essentially void because I was not parked on private land owned and operated by the PPC/land-owner, in fact it is public adopted road! So doesn't that give them liability in this instance, where there is a void contract they need to acquire and share this data with me because they shared my data to third parties without my consent... 

The code of practice for private parking via the Department of Levelling UP, Housing & Communities and the IPC code of practice both are based on the land being owned privately. They are breaching both code of practices, additionally there is lack of signs on entry and road markings/signs on side I was parked on, so this is also a breach. 

I emailed them now for the names of the companies involved so I can request them myself. 

WesAslan

@Coupon-mad @Fruitcake The parking firm replied to my complaint, like I thought as I appealed they said there was no breach  
Response to complaint: 

Thank you for your email.

I have acknowledged your complaint.

I can see that you have submitted your appeal giving us your personal data.

Could you please specify where the breach occurred?

My response to this: 

If I hadn't appealed and submitted my data were you not going to request my data from the DVLA and has Park Direct UK Ltd obtained vehicle data for that road/plot of land before for any vehicle? The answer to these questions is of paramount importance... There is clearly contempt of Data Protection Act; Park Direct UK Ltd. forced me into sharing my data by issuing a unlawfully ticket on public road, then violated harassment laws by threatening me that the fine would increase if I don't share my data and appeal/ pay... clearly I was intimidated and left with no choice.    

This is not the first case on this road that Park Direct UK Ltd is targeting the citizens of Enfield. The road is a public adopted road that is in fact a highway maintained at public expense. 

Ps. The two vehicles in question are different by the way, one is mine and other is on my parents name. 

I complained regarding the initial breach just now and will take it with IPC once they respond, I will also take my parents pcn with the ipc too, even though there is no breach, there is clearly wrongdoing on the PPC's side by unlawfully ticketing people on public road. 

Fruitcake

Issuing NTDs by sticking bog paper on a vehicle is not a data breach. If you appeal a NTD and give the PPC your data, then that is not a data breach.

If the keeper has not appealed a NTD and therefore has not given the PPC their data, but the PPC has obtained the keeper's data from the DVLA whilst the vehicle was parked on a public road, and/or outside the area where the PPC are contracted to operate, then that is a data breach of the DPA 2015 and GDPR 2018.
If that is the case then a separate complaint should be made to the PPC, the IPC and the DVLA each and every time a NTK is issued. If the situation is not resolved then complaints should be made about the PPC and the DVLA to the ICO about each and every data breach.
Separate complaints to the keeper's MP should be made about each and every data breach.

I suggest from now on you do not appeal any NTDs, and see if the keeper then receives NTKs as a result. The keeper can then make the complaints as described above since a data breach will have occurred each time.

You should also complain to the PPC and the IPC that the 0845 number is a prohibited premium rate number.