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

WesAslan

Essentially if they accept my appeal there is no issue but they haven't on previous instances so why should I think they would now. So clearly it's a vexatious ticket deliberately harassing me and causing distress. The amount of time I spent writing them emails is insane. 

Its not like I'm going out of my way to nuisance park on numerous private land, its literally the same spot where tickets are being place on my vehicle... 

Ps. Above ticket is from google but I got the same one. 

KeithP

WesAslan said:
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.

There is absolutely no mention on any of their paperwork about a fine, is there?

WesAslan said:

It's fraud to put it boldly. 

No it isn't.

WesAslan

It says the driver is laible to pay a sum of xxx due to a breach of parking restrictions. 

Was there a breach of parking restrictions if im parked on public road? This would mean private firms are allowed to issue NTDs on space available to the public? 

You are saying an NTD due to using pseudo-legal terms doesn't breach any rule, I should start a PPC and start slapping these on any vehicle I guess if 1/100 pay thats still legitimate profits. 

Fruitcake

I say again, leaving bog-paper on your vehicle is not a data breach, nor is it fraud, nor a criminal offence, nor is it harassment. The VRM is already displayed, and the parking operative/self ticketer will have merely copied it onto the bog paper.

You want this to stop. You need to fight it on winnable points. Forget the NTDs. Wait for NTKs and then attack the PPC and the DVLA as already advised.

I have gone as far as I am able. I cannot help you any more if you are unwilling to follow the advice I have given you. I hope you get this problem resolved, but I do not know how more I can try to help you.

Jenni_D

As per above - let them put as many bits of bog paper on your car as they wish ... YOU DO NOTHING (other than remove them). IF they then send a PCN to you via post (this will be a NTK - Notice to Keeper) THEN they will have committed a data breach and you'll have a sound basis for pursuing a claim against them.

If you respond (appeal) to the bog paper then no data breach has occurred as YOU will have given them your details.

WesAslan

Now that the PPC has my data would there even be an instance where data breach can occur. Wouldn't they use what they have for the a new ticket too? It's same reg which they can look on their system. 

An NTK should come for this one regardless as they will decline the appeal and I will not pay. 

Trainerman

I understand your anger and wish to hit back. However, the people giving advice really know their stuff. I think what is being said is that we all agree with you about the harassment, frustration and potentially unlawful activity here, BUT if you want to strike back , you have to pick your fights very carefully and it is obvious that data breech will not fly.

Remember though that the members here will help you if these scammers do try court !

Jenni_D

WesAslan said:

(1) Now that the PPC has my data would there even be an instance where data breach can occur. Wouldn't they use what they have for the a new ticket too? It's same reg which they can look on their system. 

(2) An NTK should come for this one regardless as they will decline the appeal and I will not pay. 

(1) If you don't respond to a windscreen ticket then they can only pursue you if they either (a) have the details for the driver (which they can't - even if you've appealed previous NTDs), or (b) send an NTK to the registered keeper. They CANNOT use filed details for that vehicle reg to send an NTK - they MUST get the details via DVLA for the NTK to have any chance of being POFA-compliant so as to hold the keeper liable. Using filed details for an erroneous purpose may itself be a breach of DPA/GDPR. Getting keeper details from DVLA for a charge issued where they have no authority to issue one is a breach. That's why you're being advised to ignore every NTD and wait to see if they send an NTK.

(2) No it won't - if they already have respondent details from the NTD then they have no need to send an NTK - they already have a name to pursue. In fact they can't pursue the keeper via an NTK if they already have a respondent to an NTD. (If you outed yourself as the driver then that makes things simpler for them - if you only responded/appealed as keeper then that makes things more difficult for them, as they'd need to prove you were the driver).

Bottom line - follow the advice given. The guys here know what they're talking about - they've been helping here for years, decades in some cases.

Humdinger1

Yep, and at least 2 of the regulars have made massive contributions to the govt review of the law on this, wading in definitively for the consumer.  We all understand your frustration here but you are getting free advice from absolute experts.

Coupon-mad

Filing a claim is done online and costs £35.  It exists for the man in the street to get access to justice.  This is worth trying to make sure it's worded and the legal basis of claim pleaded properly:

https://smallclaimsadvisor.co.uk/

No connection with me but we know the person who runs it is trustworthy, knows about parking law and might take this on.