Quick question on bank statements

mrflib

Hello

We received a frivolous parking charge notice from Euro Car Parks. I can prove the driver paid for parking via bank statements and the transaction time vs Euro Car Parks provided APNR entry camera images.

I'm concerned to provide this data... the template response in the NEWBIES thread, in particular, does not sit well with providing a bank statement:

"There will be no admissions as to who was driving, and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date."

Basically, it's clear I know the driver because I am providing their bank statement (with the top/bottom cut off showing transactions only). 

As a second question, and I appreciate everyone is fed up with these parasites, but is it necessary to be impolite in the initial appeal? Could I rewrite it in a more formal and professional tone? I suspect the advantage of pasting as-is is that perhaps they will know I will be appealing this all the way. Thanks.

Iceweasel

1. Yes - you know who the driver is. 
But you're not going to tell them.
That's why the bit about ' no assumptions may be drawn' is there.

2. Being impolite to these parasites is fine.
They deserve no better.

la531983

Iceweasel said:

1. Yes - you know who the driver is. 
But you're not going to tell them.
That's why the bit about ' no assumptions may be drawn' is there.

The OP is more or less asking does providing bank statements essentially answer for them who was driving?

mrflib

Thanks for that, sorry if this question has been asked, I did search first

mrflib

la531983 said:

Iceweasel said:

1. Yes - you know who the driver is. 
But you're not going to tell them.
That's why the bit about ' no assumptions may be drawn' is there.

The OP is more or less asking does providing bank statements essentially answer for them who was driving?

Yes - I am cropping their details out but if I can provide the statement, it is clear to everyone I know who the driver was. I was concerned that I would be compelled to reveal as I have used their statement as evidence.

KeithP

In private parking cases the keeper can never be compelled to reveal the driver's identity.

Even if the statement extract somehow identifies the payer, how does that get anywhere near identifying the driver?



As an aside... what's the point of the 2010 monetary sums seen in your signature?   

mrflib

KeithP said:

In private parking cases the keeper can never be compelled to reveal the driver's identity.

Even if the statement extract somehow identifies the payer, how does that get anywhere near identifying the driver?



As an aside... what's the point of the 2010 monetary sums seen in your signature?   

Those figures have got farrrrr worse due to extensions to the house, KeithP, they remind me of less stressful times, haha!

On a side note, I am actually going to take the opportunity to complain to Kent County Council about Euro Car Parks. I bet so many less tech-savvy (particularly older drivers) end up paying these frivolous parking charge notices.

KeithP

Kent County Council??
How do they fit into this?

With land under statutory control there is no way any driver's liability can be transferred to a keeper unless the keeper confesses.

Your previous thread involved Swanley Town Council.
Are the two threads related?

mrflib

No, this is a different car park. The car park in this instance is owned by Kent CC, but they contract Euro Car Parks to do the APNR. This is Lullingstone.

KeithP

But councils are forbidden by Government from using ANPR for monitoring car park usage.

Somewhere there is a Local Government Ombudsman report on ANPR in council car parks.

Coupon-mad

Lullingstone Country Park?
https://www.kentonline.co.uk/dartford/news/i-went-to-country-park-and-paid-2-50-why-are-the-debt-co-311959/

The rules are different for Country Parks where the land status is designated differently IIRC.  As such, I seem to recall that ANPR can be used.

Might be the Countryside Act 1968.  Not sure but the land status, applicable law and powers of the owning Authority are different.

However, there can be no keeper liability.