Quick question on bank statements

mrflib

KeithP said:

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.

Wow, I don't think I read that. Specifically this says "Lullingstone Country Park",

The letter states "The signage, which is clearly displayed at the entrance and throughout the car park, states that this land is owned and controlled by Kent County Council, the car park is managed by Euro Car Parks."

Perhaps KCC are getting around no APNR by employing a contractor to do it on their behalf?

LDast

Lullingstone Country Park is a designated country park, which means it is managed by a local authority, in this case, Kent County Council. As such, it is considered land under statutory control because it is maintained by a public authority under the framework set out by the Countryside Act 1968 and other relevant conservation and planning laws. The local authority would have statutory obligations for its upkeep, conservation, and management, in accordance with the provisions of the Act.

Therefore, Lullingstone Country Park would be considered land under statutory control in the sense that it is a country park managed by a public authority under statutory obligations, including those set out in the Countryside Act 1968.  If the car park is under statutory control, the PPC cannot use PoFA to pursue the keeper for any PCNs. They can only pursue the driver, which they may find difficult if the driver has not been identified.

Any PCNs issued by the PPC can only be enforced using contractual law against the driver (if known) rather than relying on PoFA to transfer liability to the keeper.

Coupon-mad

Same as I said. Non-POFA.

But they CAN use ANPR.

Fruitcake

Irrespective of the site being a country park, there is no problem with using a bank statement to prove payment for the parking period, unless the vehicle in question only has one seat. There can be no assumption that a passenger did not pay for parking, nor that the person who made payment was the driver.

1505grandad

Although the following thread is in 2018 the discussions  -  including successful POPLA appeal  (bottom of page 2)  -  may be relevant?:-  

https://forums.moneysavingexpert.com/discussion/5770530/ecp-country-park/p1

mrflib

1505grandad said:

Although the following thread is in 2018 the discussions  -  including successful POPLA appeal  (bottom of page 2)  -  may be relevant?:-  

https://forums.moneysavingexpert.com/discussion/5770530/ecp-country-park/p1

Really interesting it was thrown out at the same car park as my question:

Extract from POPLA Assessor's rationale for decision
"As the land appears to be council owned then I am not satisfied that the requirements of PoFA 2012 have been met. Therefore, the keeper cannot be held responsible. As such from the evidence provided, I conclude that the operator issued the PCN incorrectly."

Have the PoFA requirements been updated since 2012? I will Google once the kids are in bed but if anyone has it on the tip of their tongue ...

Coupon-mad

No. The PCN can't hold a keeper liable.

As me and LDast have both already said.

mrflib

Just an update, Euro Car Parks have rejected the appeal but have lowered the fee to £20 from £40.

I think they are banking that the slog of POPLA and sheer amount of effort to prove a negative is not worth £20. They might be right, I just don't have time. Such a bloody scam, the driver paid for the ticket!

What I will be doing is sending a copy of this to my MP, who is new and not worn down from years of Westminster abuse.

They even pasted a copy of their copy of the payment made at the machine on page 2.

mrflib

2nd page didn't attach - they have a screenshot from their spreadsheet at the bottom apparently showing that the ticket was paid for.

LDast

We don't need to see their silly demands for payment. You now appeal to POPLA as the keeper and explain that as the location is not relevant land for the purposes of PoFA, the keeper cannot be liable.

There's a hundreds of these appeals all over the site.