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

Umkomaas

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?

There is no requirement to follow up a LBC with an actual court claim. But should you wish to do that .......

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

https://www.parkingcowboys.co.uk/data-protection-act/

Costs ....

https://www.gov.uk/make-court-claim-for-money/court-fees

Examples .....

http://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html

http://parking-prankster.blogspot.com/2016/12/liverpool-business-park-motorist-wins.html

WesAslan

@fruitcake Is it possible I can appeal without giving my details, and state within the appeal box that I wish to not disclose my details due to safety and privacy concerns. If the parking firm feels they're entitled to this data they should request it from the DVLA. Thus ill be cornering them to breach the data protection act just like they corner us to appeal and give our details or else you get a even bigger fine. 

Even though they make you tick a box stating you accept that the details are correct before you can actually send the appeal. But technically its not like I'm not giving someone else's details, maybe I can fill the address box with XXXXXXXXX. I can give my name though, from my name they would still require to the DVLA for address details to post NTK, and by giving my name I confirm that I actually am not trying to illicitly misguide or evade the ticket. 

WesAslan

Umkomaas Thanks for the great examples and info packed post, much appreciated! Will go though the cases and see what I should do! 

Fruitcake

I don't see the point in appealing if you don't give your details. It will just be ignored. I also don't see the point in appealing any NTDs, as no data breach will have occurred.

My suggestion is to ignore NTDs and see if you get NTKs. As long as the vehicle is parked on a public road, then the PPC will have unlawfully bought and processed the keeper's personal data, and the DVLA will have unlawfully sold the keeper's personal data, both in breach of the DPA 2015 and GDPR 2015.

I don't see how you can issue a LBC and make a claim just because some random person stuck some bog-paper on your car.

You can issue a LBC and make a claim if a data breach has occurred, but that can only happen if the PPC has obtained keeper data,

WesAslan

@Fruitcake I'm sure I will receive a NTK for this new ticket in due course after they most probably reject the appeal. The old ticket did breach the DPA, I didn't appeal to that so they obtained my details from the DVLA unlawfully. 

But in essence does it matter it they didn't obtain the data through the DVLA on the second instance and I provided it, because they committed the same offence before. Thus, I was scared the ticket price was going to multiply and I provided the details through the appeal; I cant appeal without providing my details so I'm literally forced to do so... I know the outcome if I don't, it occurred on the same spot before and I notified them the road is public and not owned by them, so they are committing an offence regardless. 

They can't say "no we were not going to obtain your details", if so why... is the PCN unlawfully issued? So my point is, both cases go hand in hand, accepting they were not going to obtain my details would mean they should have cancelled the old ticket which they failed to do so. And not cancelling the old ticket meant they were going to uphold this one and commit a data breach once again.

Additionally, one could also complain about a NTD, it's essentially harassment due to the fact that it isn't even on their land and on public highway.  

WesAslan

Ps It wasn't a bog paper, the paper had my vehicle reg and details on it, so it was clearly issued by park direct. Umkomaas mentioned self ticketers can issue tickets like that. 

Fruitcake

You were not forced to appeal. You had the option not to, but chose to supply your data to them, so you can't argue that it was a data breach.
It is only a data breach if the obtain the keeper's details from the DVLA without a valid reason.
As I said before, issuing bog-paper to a car is not unlawful. Obtaining keeper data and issuing a NTK for a vehicle parked on a public road is.

WesAslan

Fruitcake said:

You were not forced to appeal. You had the option not to, but chose to supply your data to them, so you can't argue that it was a data breach.
It is only a data breach if the obtain the keeper's details from the DVLA without a valid reason.
As I said before, issuing bog-paper to a car is not unlawful. Obtaining keeper data and issuing a NTK for a vehicle parked on a public road is.

They're going to issue a NTK eventually because I will not pay. I think putting a NTD is also a crime, I mean it has the vehicle details and is a legit piece of document from park direct, they can't deny putting it... its not a generic piece of paper that could have been stuck on the vehicle by anyone. Moreover, it's on their system as I was able to appeal to it.  

It's like if I start going and putting random papers on public road too... that would be a crime i'm sure. Even if I don't issue NTKs or obtain their details.. the NTD itself would make most people pay up because it says the fine will multiply if you don't. 

My whole point here is them issuing tickets on public road, which is undoubtedly wrong and not disputable. This is a legit reason for complaint I believe regardless of a data breach... at least in my humble opinion. 

KeithP

WesAslan said:

Fruitcake said:

You were not forced to appeal. You had the option not to, but chose to supply your data to them, so you can't argue that it was a data breach.
It is only a data breach if the obtain the keeper's details from the DVLA without a valid reason.
As I said before, issuing bog-paper to a car is not unlawful. Obtaining keeper data and issuing a NTK for a vehicle parked on a public road is.

I think putting a NTD is also a crime, I mean it has the vehicle details and is a legit piece of document from park direct, they can't deny putting it... its not a generic piece of paper that could have been stuck on the vehicle by anyone. Moreover, it's on their system as I was able to appeal to it.  

It's like if I start going and putting random papers on public road too... that would be a crime i'm sure. 

You seem to be suggesting that if I were to look at a vehicle, write that vehicle's registration mark on a piece of paper and stick that paper on that vehicle's windscreen then I would be committing a crime. Or would I have to add my name and address to that note to make it a crime?

Sorry, but you are way off the mark here.

Of course a Notice to Driver is perfectly legal - even if it has the parking company's name and address on it.
Of course it will have the vehicle's registration mark on it too.

Remember, you are publicly displaying your vehicle's registration mark on the front and back of your vehicle for anyone to see and make a note of.

WesAslan

KeithP said:

WesAslan said:

Fruitcake said:

You were not forced to appeal. You had the option not to, but chose to supply your data to them, so you can't argue that it was a data breach.
It is only a data breach if the obtain the keeper's details from the DVLA without a valid reason.
As I said before, issuing bog-paper to a car is not unlawful. Obtaining keeper data and issuing a NTK for a vehicle parked on a public road is.

I think putting a NTD is also a crime, I mean it has the vehicle details and is a legit piece of document from park direct, they can't deny putting it... its not a generic piece of paper that could have been stuck on the vehicle by anyone. Moreover, it's on their system as I was able to appeal to it.  

It's like if I start going and putting random papers on public road too... that would be a crime i'm sure. 

You seem to be suggesting that if I were to look at a vehicle, write that vehicle's registration mark on a piece of paper and stick that paper on that vehicle's windscreen then I would be committing a crime. Or would I have to add my name and address to that note to make it a crime?

Sorry, but you are way off the mark here.

Of course a Notice to Driver is perfectly legal - even if it has the parking company's name and address on it.
Of course it will have the vehicle's registration mark on it too.

Remember, you are publicly displaying your vehicle's registration mark on the front and back of your vehicle for anyone to see and make a note of.

Hey Keith, the point here is that the vehicle was parked on public road and the ticket was issued by the private parking firm unlawfully. Alright there technically isn't a data breach but It's not like its the first time, we've had this breach before on a different vehicle on the same address. 

An NTD that was issued on public road that isn't within the patrol zone of the PPC is my point, not any old NTD; the NTD has a fine on it and says the keeper is liable to pay this fine because it was parked on a private spot which is clearly not true, it also says the fine would go up if you fail to do so.

That would mean their PCN is also legal regardless of a data breach or not and whether or not the vehicle is parked on private land doesn't matter. -_-

Their NTD isn't any old paper, it a legit piece of paper from the parking company, it can't be done by anyone else, even if its a self ticketing service per the code of practice the ticketing people need to be familiar with the rules and their boundaries. 

Like I said its like me going sticking formal looking papers on vehicles claiming they owe me due to a contract breach... because they're parked on my land... how could the average person verify this? Its their duty to make sure they issue NTDs on solely private land within their jurisdiction. 

It's fraud to put it boldly. 

Thank you.