Private driveway

Coupon-mad

Sounds good. If their CCTV films your property, cars and people on your land you could sue (see the recent Ring doorbell court case).

95Rollers

Trainerman said:

I agree with all the above. Bl****y cheek !! However, there is a practical way out that will totally be at the expense and time of the PPC. They must put another ANPR camera to cover the entrance to your drive, and spend time subtracting the VRMs that pass that one, from the ones that enter the car park.

They are creating the problem, let them spend time and money solving it !

One problem is with this is that it would also further impede on the privacy of the OP, their guests, deliveries and trades persons. No doubt Ukpc would try and abuse this power too.  Plus UKPC won't even bother to subtract OPS visitors- they don't even bother checking the ANPRs at their McDonald's drive through contract despite the BPA stating they must do so to rule out repeat visitors. They deliberately choose to ignore this rule and violate peoples rights to privacy and data protection rights in order to extort money out of them. 

Lindsey006

UKPC have said themselves that to put cameras just for our driveways is an infringement of our privacy rights. The CCTV will be sideways to our driveways I think so won’t film directly so I think that will be ok.

There are currently 4 cars in the 20 space car park, it is always quiet in the evenings and on Sundays. I am not sure that UKPC will have enough victims, I have no idea how many PCNs they expect to issue a week. Long stayers will just park on the road which is free and unrestricted.

fisherjim

Lindsey006 said:

There are currently 4 cars in the 20 space car park, it is always quiet in the evenings and on Sundays. I am not sure that UKPC will have enough victims, I have no idea how many PCNs they expect to issue a week. Long stayers will just park on the road which is free and unrestricted.

Which is when they start playing silly devils a bit of harassment costs them very little and potentially pays back dividends that is exactly their modus operandi.

Mouse007

Sounds like the problem here

https://forums.moneysavingexpert.com/discussion/6366504/lawsuit-for-car-parking-fines-on-private-land-anpr#latest

is exactly what everyone was warning would happen here

stationsidecottage

Fruitcake said:

Lindsey006 said:

Thank thank you so much for the advice. It all is a bit overwhelming as I have lived here for 20 years with no issue previously.

I agree that I need to argue against this and had not thought of the planning department at the local council so I will definitely do that and hope they appreciate the issue (thank you!). 

I will write to my MP but he is fairly useless but worth a try. The car park is small, 20 spaces in a semi rural village with free roadside parking so seems a bit over the top but I appreciate the landowner is looking to earn so money from it. 

I will write to both the car park owner and parking management company to say that it will spoil my use and enjoyment of the right of way. I hope we can reach an agreement. Thanks everyone, I will let you know how it goes.

You need to use the correct legal terms when writing to the landowner and PPC. 

Things like the right to pass and repass to access and leave your property.
Your right to quiet enjoyment.
Your right to use a right of way.
Your right for you and anyone visiting your property not to receive parking charges.
Your right not to have your data purchased and processed by an unregulated private company without your permission in breach of the Data Protection Act 2015 and the General Data Protection Regulations 2018.

Warn the landowner that they are responsible for the actions of their agents, and warn them that you reserve the right to take legal action against them and the PPC.

I suggest you also write to the DVLA instructing them not to release (sell) your personal data without your permission at this site to any PPC.

Hi-

If anyone is reading this... I am in the same boat and need a solicitor who might do a no-win no-fee basis because i have 3 parties to sue and though they admit fault they won't budge. Help? I need preferably a solicitor/barrister who could squeeze out tens of thousands of penalty.. I don't even care much about the pentaly to line my pockets, I just want the pain to stop for myself and visitors. Thanks.

stationsidecottage

stationsidecottage said:

Fruitcake said:

Lindsey006 said:

Thank thank you so much for the advice. It all is a bit overwhelming as I have lived here for 20 years with no issue previously.

I agree that I need to argue against this and had not thought of the planning department at the local council so I will definitely do that and hope they appreciate the issue (thank you!). 

I will write to my MP but he is fairly useless but worth a try. The car park is small, 20 spaces in a semi rural village with free roadside parking so seems a bit over the top but I appreciate the landowner is looking to earn so money from it. 

I will write to both the car park owner and parking management company to say that it will spoil my use and enjoyment of the right of way. I hope we can reach an agreement. Thanks everyone, I will let you know how it goes.

You need to use the correct legal terms when writing to the landowner and PPC. 

Things like the right to pass and repass to access and leave your property.
Your right to quiet enjoyment.
Your right to use a right of way.
Your right for you and anyone visiting your property not to receive parking charges.
Your right not to have your data purchased and processed by an unregulated private company without your permission in breach of the Data Protection Act 2015 and the General Data Protection Regulations 2018.

Warn the landowner that they are responsible for the actions of their agents, and warn them that you reserve the right to take legal action against them and the PPC.

I suggest you also write to the DVLA instructing them not to release (sell) your personal data without your permission at this site to any PPC.

Hi-

If anyone is reading this... I am in the same boat and need a solicitor who might do a no-win no-fee basis because i have 3 parties to sue and though they admit fault they won't budge. Help? I need preferably a solicitor/barrister who could squeeze out tens of thousands of penalty.. I don't even care much about the pentaly to line my pockets, I just want the pain to stop for myself and visitors. Thanks.

Also which DVLA address does one use to tell them not to release personal data?

Coupon-mad

You do not need a solicitor. We've already told you that on your thread.

No solicitors have the niche knowledge we have about private parking, and none will do a small claim on a no-win-no-fee basis, unless of course your home or car insurance includes free Legal Cover. Commonly it's part of Home Insurance.

The NEWBIES thread already shows the DVLA complaint emails in the 5th post.  That is the resource we ask everyone to read first.

stationsidecottage

So from my point of view, if easment breach is overlooked by the owner, then the anpr company establishes a practice of use sort of like squatting. We all need to act swiftly and file an injunction at the very least or risk impact on property value.

It would therefore be helpful, if some legal professionals were to step forward and message me at least, with proceeding with an actual legal claim. Ie. if my property is worth x, I'd like to claim that the anpr breach is worth x, and they continue to need to pay us x for breach etc.

The fact is, the government all feels that INDIVIDUALS need to give up rights for the COMMUNITY BENEFIT. In the anpr war, the community benefit is a twisted form of their wanting to track your behind at all times. No freedom. F that ok? Fight it now or forever hold your peace. (ps.. this is all a 'top-down' policy stemming from the World Economic Forum... not just a one party problem).

Coupon-mad

We all need to act swiftly and file an injunction at the very least or risk impact on property value.

No, you don't.

Nor did the OP of this thread. She just got it stopped before it started.  You too can get it stopped and I've told you how.

The BPA will sort this. The ANPR camera scope will be moved.

Then it is then within your gift to use small claims. You do not need a solicitor.

You can work out your potential loss of a few hundred for distress due to unjustified harassment and DVLA data abuse, plus any actual loss of Airbnb income.

It would therefore be helpful, if some legal professionals were to step forward and message me at least, with proceeding with an actual legal claim. Ie. if my property is worth x, I'd like to claim that the anpr breach is worth x, and they continue to need to pay us x for breach etc.

That won't happen.

There are no legal professionals who are allowed to advise on this forum, nor would any try to do so.

This is not the fault of the Government.  In fact they are currently working hard to curb the worst excesses by regulating parking firms and are aware of ANPR and its issues.

I made sure the DLUHC heard about this in the Steering Group and in my submissions over the past 2 years that helped to get us to where we are, with a much better Code of Practice and appeals system almost over the line.

The other regulars here - and loads of other motorists - also contributed hugely to the last 2 Public Consultations to get us to this much better place.

Bargepole was fully involved from the start.  I was on the Steering Group. We know what we are talking about.

Here we go again with one more Public Consultation coming, because the bullyboys threw money at a Judicial Review.

Please read more about that and do stick to your own thread. This person has sorted out her issue already by following exactly what we told her to do.

I assume you checked your Home insurance policy already to see if you have free legal cover or not.  But don't reply here as this is not your thread.