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

Coupon-mad

Except if the driver is known.

Snakes_Belly

If the first claim is heard at court and the judge dismisses the claim on the grounds that the road is a public road then would all the others be dismissed on the basis of estoppel?  

Coupon-mad

Possibly but why the heck is there no way to stop this rogue ticketing.  The local Council should be up in arms if this is public highway.

Jenni_D

Coupon-mad said:

Except if the driver is known.

Which they can't assume on the basis of receiving an appeal to a previous NTD. Each new NTD must be followed by an NTK (if they wish to pursue the keeper), and each time the keeper details must be obtained from DVLA.

(I know that you know this, but others may not).  

WesAslan

@Fruitcake Thanks. I will take that into account and keep all the correspondence from now on. 

Btw guys they gave my data to a third party company, I will contact them for a SAR - it's a legal firm in the name of Debt Recovery Plus Ltd. These letters will be beneficial in the data breach/harassment claim as they sent several letters with further action - pre-action protocol for small claims etc. 

@Coupon-mad They don't know the driver in any instance. I appealed as the keeper to one, honestly in all instances the keeper was not the driver so there we have it.

I'm not sure if they have CCTV - there is a sign but no cameras as far as I can see (not certain) but will check. 

@Snakes_Belly Exactly what I was thinking. Also say the IAS gives a decision in my favour for one ticket which I appealed to and went to the IAS, would all tickets be cancelled, at that point do I stop worrying about the tickets as I can use the IAS result for the rest, all tickets are issued on the same spot and for the same reason. I would logically apply to all tickets however with law you never know there are a lot of loopholes. 

Thnx

WesAslan

Coupon-mad said:

Possibly but why the heck is there no way to stop this rogue ticketing.  The local Council should be up in arms if this is public highway.

Council said this is not public highway, I think I writ their response somewhere above. I mean their document online is misleading which they accepted. However, the land is still not theirs per the land registry - even when applying a 99% confidence and enlarging the land, the vehicle fits there. 

Jenni_D

WesAslan said:

Coupon-mad said:

Possibly but why the heck is there no way to stop this rogue ticketing.  The local Council should be up in arms if this is public highway.

Council said this is not public highway, I think I writ their response somewhere above. I mean their document online is misleading which they accepted. However, the land is still not theirs per the land registry - even when applying a 99% confidence and enlarging the land, the vehicle fits there. 

I thought you'd ascertained that it is public highway? If not, who owns it?

WesAslan

@Jenni_D I appealed to one as the keeper not the driver which was true. The rest I didn't appeal too, I don't see why I should bother because in each case the circumstances are identical - it would be an absolute burden if I have to go through the process each and every time. I mean they rejected the appeal - so why would I appeal again with the same reasoning for another ticket. They actually neglected every point in the appeal which was bizarre it was like their response was a pre-written template. 

I added the response above to the appeal. Basically was saying there's signs, even though the signs are only on and within the court, none on the side where I was parked. They also said you should of called our (arbitrary) 24 hour phone line - which on the sign is a pay phone number, they're assuming I had credit/minutes/payphones aren't barred from my line. 

WesAslan

Hey @Jenni_D the council said the road is unadopted - I don't know who the owners are but it is evident the part I'm parked is not owned by clare court. Per the council data online it shows the road is public however I guess that's not the case - or it is and they have no idea, I'm not sure. But the basis of my argument and the reason why i created the original post was because they don't own the strip of land I was parked on. 

Trainerman

Without reading back over pages to find out ..... have you by any chance checked whether that land belongs to one of the closest houses?

Councils are often useless. Mine is and insists that our unadopted road is a private road. The two things are entirely different. However, in your case if the council insists it is not theirs, it should belong to somebody. Local house?

I don't suppose that you have been parking in that spot for twenty years by any chance?