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Private driveway
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I think I am going to be the next Mr Davey! I would be happier if the landowner had control for sure. I am going to hopefully meet with him on Monday and see if I can persuade him to keep control of it. He is not here 24/7 which is a concern for him.I am further forward thanks to this forum. There is a cafe in the next village with no parking restrictions, I think signs for parking restrictions etc will definitely put people off using the shops or they will just use free roadside parking which will create a different problem.1
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Lindsey006 said:There will be a visiting foot patrol, who would arrive at random times in addition, sorry should have said that, as well.UKPC's attendants work as a profit unit and get profit related pay and bonuses, although banned by the BPA UKPC pay a percentage of their generated revenue minus costs and call it PRP to get around the rules.Think about it increasing ticketing increases their pay on a small car park they will look for any loophole they can!They have also been caught out falsifying evidence numerous times to bag more victims who had done nothing wrong.What the landowner does with his car park is his business but make sure your rights are not affected from the outset or you will have a long headache.6
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Lindsey006 said:He is going to put up CCTV that would view the car park, and assures me my driveway is not going to be monitored he is only interested in the car park. It would be his own CCTV.
He remains keen to use UKPC to issue PCNs to people of his own choosing. He wants to be able to say it is UKPC issuing the PCN and not him.
He wants to target the motor trader and anyone who parks all day without using the local shops.
I am mostly at work during the day but any inconsiderate parking is unlikely, this would surely hardly be any income for UKPC.
I doubt UKPC would agree to those terms, as it limits their revenue. And the car park owner needs to realise that "saying it's UKPC" does not absolve him from legal responsibility for their actions.
If the owner is insistent on some scheme, then self-ticketing may be best - leaves him in complete control (mostly). But as has been mentioned, ticketing vehicles "in trade" has its own problems, as the registered keeper won't be the trader who he's trying to target.8 -
If the main offender is a back street motor trader, its most unlikey the PPC will see any monies as the DVLA won't have the motor trader as the registered keeper, just the poor schmuck who sold it to them. Motor trader can carry on without worry.
A cease and desist letter is the way to go along with a gate.6 -
A cease and desist letter is the way to go along with a gate.I don't think a gate is an option as it's a small car park servicing a range of shops. A cease and desist letter is definitely a precursor to, possibly, the serving of an injunction.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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Umkomaas said:A cease and desist letter is the way to go along with a gate.I don't think a gate is an option as it's a small car park servicing a range of shops and the OP's right of access. A cease and desist letter is definitely a precursor to, possibly, the serving of an injunction.Jenni x4
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Umkomaas said:A cease and desist letter is the way to go along with a gate.I don't think a gate is an option as it's a small car park servicing a range of shops. A cease and desist letter is definitely a precursor to, possibly, the serving of an injunction.2
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How would a gate stop the motor trader? He parks a car at mid day along with various shoppers and visitors to OP's house, none of whom have a key. At evening the gate is locked with his car safely tucked up for the night. 3 days later when the gate is up he can move it.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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Cease and desist letter followed by an injunction
Simple.3 -
UKPC won't just trot round as an when, to issue an odd ticket.
https://www.dailymail.co.uk/news/article-2709056/NHS-hospitals-patients-hit-cowboy-parking-wardens.html
"a whistleblower from one of the largest firms has revealed the extent to which they use ‘dirty tricks’ to claim money from the elderly and patients who are critically unwell.Tony Taylor, 53, claims he was told by his bosses that wardens should focus on hospital cancer wards to exploit chemotherapy patients.
He said they were made to ‘give tickets, no matter what, regardless of any illness’ and that they were offered huge bonuses to ‘give the sites a good banging’.
‘When I had to visit the hospital sites, I was told to instruct the wardens to concentrate on the area outside the cancer departments because cars would overstay their time more than any other part of the hospital due to them or their passenger receiving chemotherapy,’ he said."
And just to repeat what has been said twice now already, UKPC cannot have access to a landowner's CCTV. I already pointed out this is in breach of the DPA 2018.
Landowner needs to drop the entire idea of using any parking firm.
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