Forbidden parking at Travelodge

JustAnotherMotorist

Umkomaas said:

You are completely overthinking this. Nothing, other than silly letters, will happen. Unless you get a landowner cancellation or pay them what they are demanding (highly unlikely to accept less) you cannot 'put this to bed'. 

Would suing them first not force the issue? If they have breached data protection, which from reading the forum seems likely, it would have to go to court which would be over before the six years. Am I missing something there?

Umkomaas

JustAnotherMotorist said:

Umkomaas said:

You are completely overthinking this. Nothing, other than silly letters, will happen. Unless you get a landowner cancellation or pay them what they are demanding (highly unlikely to accept less) you cannot 'put this to bed'. 

Would suing them first not force the issue? If they have breached data protection, which from reading the forum seems likely, it would have to go to court which would be over before the six years. Am I missing something there?

You could issue a Letter of Claim outlining the sum you are seeking and the reasons for doing so and see how they respond. The CAB have a suitable template to use/adapt. When I say 'you', I mean your relative. Does she have the resilience to see this through?

But, please remind us, what would be the basis of your DPA/GDPR claim?

JustAnotherMotorist

A contract cannot be formed when parking is prohibited. Obtaining keeper details from the DVLA for a contractual charge that could not have ever existed is a breach of data protection.

Similarly, though I'm less sure on this point, obtaining details where you don't even have signs at the location. Though that would depend on how the relationship between APCOA and P&C is allowed to work.

I feel like I may be on the wrong forum.

Umkomaas

JustAnotherMotorist said:

A contract cannot be formed when parking is prohibited. Obtaining keeper details from the DVLA for a contractual charge that could not have ever existed is a breach of data protection.

Similarly, though I'm less sure on this point, obtaining details where you don't even have signs at the location. Though that would depend on how the relationship between APCOA and P&C is allowed to work.

I feel like I may be on the wrong forum.

There'd be hundreds of such claims if that was a goer. They're everyday occurrences here. Nothing to stop you attempting.  Try rolling it past more 'legal eyes' on LegalBeagles forum. 

KeithP

JustAnotherMotorist said:

A contract cannot be formed when parking is prohibited.

Yes you are right.
Do you have information about parking being forbidden?
Maybe there are signs in the car park saying something like that, but the sign you have shown us prohibits nothing.

JustAnotherMotorist said:

Obtaining keeper details from the DVLA for a contractual charge that could not have ever existed is a breach of data protection.

I would suggest that the parking company had every right to get keeper details from the DVLA if they believed that the motorist had breached the contract.

JustAnotherMotorist said:

I feel like I may be on the wrong forum.

I think you are on the right forum and I don't think you'll find a better one that helps motorists challenge private parking companies.

JustAnotherMotorist

The sign says, "no parking" several times. The charge says for, "unauthorised parking". The car came under one of the, "no parking" categories. Which, to me at least, is a prohibition of parking.

If the PPC knew there could not have been a contract I cannot see how it would not be a data protection breach. If it is an impossibility to contract for, "no parking" then they cannot obtain keeper details.

Most people don't even defend parking charges, let alone bring their own claims. We're generally not a litigious society.

Cheers both, I'll report back where we go with it.

JustAnotherMotorist

For anybody seeing this in the future, they folded. She's happy it's resolved and we won't be pursuing it further.

https://i.ibb.co/yn51GkT/IMG-20230523-163857.jpg

Coupon-mad

JustAnotherMotorist said:

For anybody seeing this in the future, they folded. She's happy it's resolved and we won't be pursuing it further.

https://i.ibb.co/yn51GkT/IMG-20230523-163857.jpg

Very good. Nicely done.