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

The_Slithy_Tove

I'm a bit late to this thread, and have just read through. A couple of points.

• Have you contacted your MP yet? Getting him/her on board could see something done
• You've mentioned how useless Enfield council is. You should contact your councillor and get them on side. They will be able to rattle suitable cages within the council itself.
• This should also be reported to Trading Standards that PD are operating a business issuing fraudulent tickets on public land. Again, this is something the council deal with, so having your councillor on board could help
• If you're going down the DPA route, forget the NTDs on the car. I could write your reg down on a bit of paper and put it on the car. Means nothing. Stick with the NTKs - that's where they get your name and address unlawfully.

Good luck! PD deserve to get a large and very expensive kicking for this.

WesAslan

@The_Slithy_Tove Hey thanks for the excellent points. I've contacted my MP, they will represent my case to the IAS. Coincidentally I contacted my local councillors/mayor yesterday, hopefully they can do something. 

The council seems to think it's out of their control and a civil matter, one would think it should be their fiduciary duty to protect citizens of the borough against frauds like this, how would an ordinary motorist deal with an entire parking firm and their law firms alone, legal services are very costly. Literally a david vs goliath situation. I've spent months on this now, there's literally zero remorse from the parking firm, they're not providing any disclosure too for why they're rejecting the appeal, it's all nonsense... "you should have called our 24 line" etc. 

I reported them to citizens advice which forwarded it to Trading Standards, they said they will investigate and contact me if they require anything else. 

As I mentioned before, for one of the recent tickets, I appealed to one so they have my details for that one. However, for the rest I will not appeal and wait for them to illegally obtain my data from the DVLA. 

For one case on a previous vehicle there was a data breach which I will be pursing with a legal firm that I contacted and waiting to hear from. 

I'm not certain if I can pursue them for harassment - I mean it literally is, because for every ticket they issue I have spend an awful amount of time, the stress this is causing is immense, as a result I cannot spend time on my daily activities, work and family. On the response to appeal they literally neglected all of my concerns and points, zero counter claims. 

I'm not sure if I should email the landowners asking for them to stop or I will pursue a claim against them, essentially they are the ones advising the parking firm over the boundary of the property; in this case they are not respecting their boundary lines and are going over it. I have proved in the google doc. that even at a 99% confidence level (where the legal requirement is 95%), the car fits in that passage of land with ample space. 

Technically the parking firm are acting in accordance with the law it may seem because they're following the instructions of the landowner and information from them. Although they are neglecting the evidence even when they are now made aware, it may seem as if they're careless because the liability falls on the landowner because they can only go by what they're instructed.  

Jenni_D

Send to the landowner and the parking company a Cease and Desist notice else legal proceedings will commence? (Maybe for trespass to property, perhaps also for damage to property)

WesAslan

@Jenni_D I should send the landowner a cease and desist notice indeed, the parking firm are just going to neglect it so no bother. I think I will send the parking firm a LBC via the small claims adviser. 

Unfortunately I didn't quite understand the trespass to property/damage bit, I don't own the land I was parking on, neither does the landowner who is issuing the tickets, which is my main point. It's essentially unadopted per the land registry/council - even when we add maximum tolerances per the Ordnance Survey my vehicle still can fit in that land assuming the parking firm's claim of the land may be larger... of course it can be smaller but that doesn't fit their needs in this case

I mean if the landowner of clare court wants to claim that part of the land or get a determined boundary, so be it... however, going by the current best available evidence... it is very apparent we are not parked on their land, therefore there is no enforceable and valid contract for them to issue tickets on. 

WesAslan

Ps. We actually now have video evidence of park direct actually putting the ticket on the car even though they were warned the land is not private and within their jurisdiction. Maybe this may help in terms of the harassment claim, as it's not self ticketing? 

Jenni_D

The car is your property, legally parked on public land. IMHO if they put something on your car then they are trespassing on your property - not your land, your property (goods).

No idea if this would fly though - it was just a thought that occurred.

How are the PCNs affixed? Under your wiper blade? "Glued" to the screen? That could be a property damage angle.

WesAslan

@Jenni_D Ah that makes sense, was confused for a second. I will mention that point to the small claims adviser and have his take. 

One pcn was stuck on and made a huge mess on the window - the mark didnt go even with numerous counts of washing it using the wipers. So we paid for car wash which was £15, the guy had to scrub it for ages. The others were put under the blade. 

I didn't take images of the mess though, even though I thought it would make sense -_-, however from their images sent in the reject to the appeal it is apparent it is glued to the screen. 

Coupon-mad

David does get ALL of this that you are saying, even if he doesn't think it's worth a small claim by you.  He writes a mean 'cease and desist' style letter too.

WesAslan

@Coupon-mad I haven't received any correspondence from David as of yet, only just writ to him yesterday with minor detail, hopefully I can make it more clear once we start liaising. 

At the moment I'm in the midst of the IAS, the MP will represent me. As you guys mentioned that's probably going to come out negative, which then we will proceed by a LBC I guess. Is a cease and desist different form the LBC, essentially in both you say you will claim if no agreement is reached. 

Hopefully a claim will go through through small claims - as for one ticket there was an absolute breach of data. For the new tickets on the new vehicle its just NTDs, one of which I appealed and they have my data for, I guess for the others they need to request data from the DVLA and issue NTKs. Was it 57 days they had since the issuance of the ticket to when the have to send the NTK?

Fruitcake

Where a NTD has been given, they must issue a NTK by day 56 if they want to hold the keeper liable. The date of the alleged event is day zero.