Seeking Clarification: Access to Raw Footage and Evidence Omissions

Natacha99

Hey!

I need some clarity regarding my rights in appealing a parking fine and the evidence presented by the parking company. Can they refuse to provide me with the raw CCTV footage of the incident? Additionally, can they present images that have glaring omissions, such as the moment I returned to the vehicle with the suitcase? 

For context I have been fined for stopping in private land to load goods into my vehicle. The parking enforcement company is stating that there was no signs of loading activity and therefore the fine will stand. I have made a SARs and I was only given the same images that were used for their evidence which omits my return to the vehicle and would prove the loading activity. 

I appreciate any insights or advice you can offer on this matter.

Thank you!

DullGreyGuy

From a different perspective, GDPR and DPA before it was often quoted as to why CCTV cannot be provided unedited back in my Motor RTA Claims days... councils were the worst for it saying they would give us a copy of edited footage if we paid the circa £5,000 for them to have all other peoples faces and registrations plates edited out of the footage. 

Anyone else capture in the footage has a right to privacy in the same way you have a right to see what a company is storing on you. Often the rights of the masses outweighs the rights of the individual and GDPR does have carveouts on requirements to provide data.

Natacha99

DullGreyGuy said:

From a different perspective, GDPR and DPA before it was often quoted as to why CCTV cannot be provided unedited back in my Motor RTA Claims days... councils were the worst for it saying they would give us a copy of edited footage if we paid the circa £5,000 for them to have all other peoples faces and registrations plates edited out of the footage. 

Anyone else capture in the footage has a right to privacy in the same way you have a right to see what a company is storing on you. Often the rights of the masses outweighs the rights of the individual and GDPR does have carveouts on requirements to provide data.

Thank you! So if this company is fining me and are saying there is no evidence but I know I was loading goods. If this goes to court will the judge want to see the raw footage or will they accept the couple of frames they chose for their evidence and say that’s enough to prove I was parked? How can I prove I was loading when they hold the CCTV footage and are refusing the provide me with the footage? 

Fruitcake

It is not a fine.

What is the name of the unregulated parking company please?

Plan A is always a complain to the landowner and your MP. It is never too late to do so.

Was this a residential site? If so, were you a resident at the material time? 

If not residential, where di the alleged event occur? It may have cropped up on this forum before.

What you say if it came to a court case will be given equal weight to what an unregulated private parking company says, and the case will be determined on the balance of probabilities (greater than 50/50). Are you sure CCTV was used, or was it just some parking person, possibly not even an employee of the PPC if this was a self ticketing site, using a hand held scamera?

Was a notice to driver left on the windscreen, or was it only a notice to keeper through the post? If a person took the images, you can ask for them to be present as a witness, and their notebook to be provided under Part 33 of court protocol regarding Miscellaneous use of evidence.

Loading and unloading is not parking. The appeal case of Jopson v Homehguard applies.

KeithP

...and just to add - if it was CCTV that was used, be prepared to hear the parking company say "oh, we don't keep it more than a few days. The tape gets overwritten quite quickly".

Natacha99

Fruitcake said:

It is not a fine.

What is the name of the unregulated parking company please?

Plan A is always a complain to the landowner and your MP. It is never too late to do so.

Was this a residential site? If so, were you a resident at the material time? 

If not residential, where di the alleged event occur? It may have cropped up on this forum before.

What you say if it came to a court case will be given equal weight to what an unregulated private parking company says, and the case will be determined on the balance of probabilities (greater than 50/50). Are you sure CCTV was used, or was it just some parking person, possibly not even an employee of the PPC if this was a self ticketing site, using a hand held scamera?

Was a notice to driver left on the windscreen, or was it only a notice to keeper through the post? If a person took the images, you can ask for them to be present as a witness, and their notebook to be provided under Part 33 of court protocol regarding Miscellaneous use of evidence.

Loading and unloading is not parking. The appeal case of Jopson v Homehguard applies.

Thank you! That was really helpful. 

I am a resident in the area and the area around my flat is private land. The parking enforcement company took the images from CCTV cameras located around the site but they were careful not to use any frames that would ultimately show the loading activity. I received the letter with their parking charge notice 4 months from the day the event took place. I followed the informal appeal process which was denied, for lack of evidence of loading activity. I am currently waiting for the Independent Appeals Service to review my formal appeal, however the parking enforcement company refuses to provide me with the footage or the frame where it would proof the loading activity.

I have no intentions of paying the fine, since I know that I have not broken the contract in any way, since I am allowed to briefly stop for loading and unloading purposes and it is not unreasonable for a resident to do that. It is just frustrating because they do not fine the dozen of delivery drivers that stop on the double yellows everyday. 

Natacha99

@Fruitcake I just wanted to answer your questions. I am resident and it happened in private land. The company is called Universal Parking Enforcement Ltd. There was no parking officers on site and no tickets were left on the car. The first ticket was issued by post 4 months after the incident. 

Fruitcake

What a shame you didn't find this forum first. With no NTD, the NTK should have arrived by day 14 if the parking company wanted to hold the keeper liable.
If a NTD had been left, or they claim one was left, then they should have issued a NTK by day 56 if they wanted to hold the keeper liable.

In addition, we don't advise anyone to use the kangaroo court that is the IAS, which is not independent. You stand a 4% chance of winning. I really hope you didn't pay the £15 version to appeal as you will have zero chance of winning, and the decision is binding on the motorist. No matter what the result, do not pay. Let a judge decide the outcome.

I think UPE Ltd are a small outfit, possibly newly formed, but a lot of them farm cases out to other companies to do the dirty work for them regarding court claims. Never mind, that's nothing to worry about at this stage.

What does your lease/AST/property rental/ownership agreement say about parking, PCNs, unregulated private parking companies, paying them, court, and your right to quiet enjoyment? What does your head lease say, if there is one.
What it doesn't say is equally important.

You should complain now to the landowner/landlord/managing agent once you have dug out the above documents and read the rights to which you are entitled. These cannot be taken away from you by an unregulated parking company.
If you are a leaseholder, you should ask when an application was made to vary your lease as required by Section 37 of Part IV of the Landlord and Tenant Act 1987, what was the result, and did it comply with the requirements of the Act with regards to numbers for and against.

Coupon-mad

 I am currently waiting for the Independent Appeals Service to review my formal appeal.

We know how that will end up.  95% of people lose.  Guess why?  They are not considered independent, nor a competent appeals service either.  The Government is forcibly removing both the farce 'appeals' services later this year when the rogue parking industry is regulated.

You should have ignored them. If this is your home residence, tell the Managing Agents to kick them out.

Why did residents vote for this unnecessary intimidation?

Were they there before you?

Do you rent, or do you own a flat there?

The company is called Universal Parking Enforcement Ltd. 

Never heard if them.

Ignore them when you lose at IAS and never use IAS again (the new proper Single Appeals Service run under Govt scrutiny will be a different matter).

Please read the NEWBIES thread 2nd & 4th posts.  You won't be paying.

Get them removed asap and NOT replaced.