'PCN NOW CANCELLED' data privacy & complaints NPC Group, DCB Legal, DVLA, IPC, ICO & MP

Thorndorise

Thanks Fisherjim... as I searched last night I discovered that NPC potentially are using the wrong SIC code to identify what the do as a business. 

I may be wrong but I discovered it should be something like 52912 (can't remember the exact number,  but relates to land transport).

Currently they are 'other business' not classified elsewhere...now, normally so what right? But if this means they are getting a preferential VAT or business rate they are scamming people and the HMRC (so indirectly people twice)!!

Don't know if this is something anyone has looked into,  and how would one bring this to the the attention of the HMRC?

Thorndorise

So UKPC seem to have it correctly

Nature of business (SIC)

52219 - Other service activities incidental to land transportation, not elsewhere classified

82990 - Other business support service activities not elsewhere classified

NPC for e.g. have this

Nature of business (SIC)

96090 - Other service activities not elsewhere classified

Mmmm.

Thorndorise

Long established NCP have this

Nature of business (SIC)

52219 - Other service activities incidental to land transportation, not elsewhere classified

68320 - Management of real estate on a fee or contract basis

1505grandad

"Yes, nearly all of these dimwits have latched on to a money making scheme which relies on a smoke and mirrors approach and they are so dodgy they don't want anyone to find them."

And a very profitable scam (atm) it is too for the unregulated industry (1.3.2023):-

https://www.racfoundation.org/media-centre/private-parking-on-course-to-be-billion-pound-industry
"Steve Gooding, director of the RAC Foundation, said:

“If only the rest of the economy was booming like the private parking sector, perhaps we’d all be feeling more prosperous.

“Private parking looks set to be a billion pound-a-year business, if it isn’t already, with demands for up to £100 a time being sent out to drivers at the rate of more than one every three seconds."

Fruitcake

Just a thought, but have you checked with the local planning department to see if NPC have been granted advertising consent for their signs (greater than 0.3m²)? Not having it is a breach of para 12 of the PoFA 2012. More importantly, not having it is a criminal offence, and retrospective approval cannot be granted.

If consent has not been granted then you can complain to the council planning department, naming both the PPC and the landowner as culprits.

Thorndorise

Fruitcake said:

Just a thought, but have you checked with the local planning department to see if NPC have been granted advertising consent for their signs (greater than 0.3m²)? Not having it is a breach of para 12 of the PoFA 2012. More importantly, not having it is a criminal offence, and retrospective approval cannot be granted.

If consent has not been granted then you can complain to the council planning department, naming both the PPC and the landowner as culprits.

Thanks Fruitcake, does this apply to either PPC or the landowner? I assume it would be the landowner that needs to apply on behalf of their contractor? as it's their land....

Is it deemed advertising? Or are they actually just parking condition signs?

Any insight worthy - and of course I will be checking too

Fruitcake

The PPC needs to make the application and be granted advertising consent to install their signs greater than 0.3m². The landowner is jointly and severally liable for the actions of their agent. 
It is the same principle that if, say a commercial driver took an overweight vehicle, or a bus with bald tyres onto the road, the haulage or bus company would be jointly liable.

Generally, signs depicting the name of an establishment, or information such as Entrance/Exit/Open/Closed/This Way do not need advertising consent, but PPC signs are advertising the terms and conditions of operation at the site, therefore need advertising consent.

Give me a mo' to dig out the relevant legislation.

Fruitcake

This information was provided by poster Marktheshark: -

It is written CONSENT they need under the Town and Country Planning Act 1990 section 222 + 2007 section 225 amendment for permission to erect advertising signs.
Consent can not be retrospectively given and conspiracy with the advertiser to do so is misconduct in public office.

Failure to obtain consent is a criminal offence and failure to enforce the criminal offence is also misconduct in public office.

If you are to complain, get it right and make sure you inform the officer dealing at the council you expect the legislation to be followed to the letter of the law.

Offering a parking service conveyed by signs is advertising a genuine offer.

Parking eye went to great lengths at the supreme court to insist they were making a genuine offer. UKSC 2015/0116

Both The landowner and advertiser are jointly and severely liable for the offence.


Where consent has not been granted, the following is also relevant concerning the public law principle going back well over 200 years that no man should profit from his crime

“The principle of public policy is this; ex dolo malo non oritur actio. No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.''


First, though, you need to determine if advertising consent was granted. 

Thorndorise

Just looked into this....so as I understand it

Class 2(A)permits notices or signs to be displayed on buildings or land as a means of identification, direction or warning. These would include:

• the street number or name of a dwelling-house
• a field-gate sign saying ‘Please shut the gate’
• a warning notice saying ‘Beware of the dog’
• a private sign saying ‘No parking please’.

And not bigger than 0.3m² - but a 60cm x 45cm sign is 0.27m² so I'm not sure they need permission? Does that sound right?

But in the case of an entrance sign - they may well need consent as I think these can (and probably should be) bigger - bear in mind this site doesn't have any signs put up by NPC at the main entrance...thus may not apply (obvs helps me)

Thorndorise

Fruitcake said:

This information was provided by poster Marktheshark: -

It is written CONSENT they need under the Town and Country Planning Act 1990 section 222 + 2007 section 225 amendment for permission to erect advertising signs.
Consent can not be retrospectively given and conspiracy with the advertiser to do so is misconduct in public office.

Failure to obtain consent is a criminal offence and failure to enforce the criminal offence is also misconduct in public office.

If you are to complain, get it right and make sure you inform the officer dealing at the council you expect the legislation to be followed to the letter of the law.

Offering a parking service conveyed by signs is advertising a genuine offer.

Parking eye went to great lengths at the supreme court to insist they were making a genuine offer. UKSC 2015/0116

Both The landowner and advertiser are jointly and severely liable for the offence.


Where consent has not been granted, the following is also relevant concerning the public law principle going back well over 200 years that no man should profit from his crime

“The principle of public policy is this; ex dolo malo non oritur actio. No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.''


First, though, you need to determine if advertising consent was granted. 

Thank you, that's very interesting

So here's the rub, of you only need to get an e-permit by entering your details at a reception etc, and the parking is free (assuming you 'agree' to terms and enter your details), Does that constitute offering a parking service in the same way that a paid service does?

FYI, looking on the local planning permission portal I don't think they've ever applied for any advertising, and there's stacks of it on site!! But, not entirely sure that's the right place...will check, comes under South Norfolk and Diss Business park/hopper way