Azure Parking Photographic Evidence ?

looking_forward

These guys are all over the place -   on saturday 22/3 I receive a letter shown earlier in this thread telling me there is now an outstanding balance of £170. 

I get a message the same day from appeals@paymyparkingcharge,com saying I have 7 days to give driver info to them.


Then today from Azure in response to my complaint I receive this from Stephen:

Further to my email earlier today, I am advised that our Appeals Team wrote to you on 21 February 2025 requesting further information.

You subsequently responded, and this is being looked at by them. 

Therefore, I can conclude that your appeal has neither been ignored, removed, nor concluded, necessitating a rejection code. 

Having opened a complaint concerning this matter, I have now closed the case file.

 

It can be re-opened if circumstances require it.


So do i just sit tight atm ? 

kryten3000

Yes, sit tight.  

looking_forward

Latest update.

I have heard nothing from Azure or ZZPS.

Today I received the below from DVLA

  Thank you for your recent correspondence to the DVLA. Just to let you know I will be investigating this matter with the parking company who requested your details, as soon as these investigations are completed I will respond to your complaint.

Kind Regards

Umkomaas

looking_forward said:

Latest update.

I have heard nothing from Azure or ZZPS.

Today I received the below from DVLA

  Thank you for your recent correspondence to the DVLA. Just to let you know I will be investigating this matter with the parking company who requested your details, as soon as these investigations are completed I will respond to your complaint.

Kind Regards

Let's hope you get more than their standard template fob off - 'I would like to start by saying that the DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met'.

1505grandad

As Above  -  also:-

"Safeguards

At DVLA we have tough safeguards in place to protect the privacy of information held on our records. One of those safeguards is that all unregulated organisations, such as private car parking management companies, requesting information from us must be a member of a DVLA Accredited Trade Association (ATA).

All ATAs must have an enforceable code of practice governing the conduct and operations of their members."

Doesn't state that the members have to "comply" with the CoP though.

looking_forward

Ok here we go , latest update just received from Shannon ,  photos are now showing at paymyparkingcharge.com -  a vehicle entering and departing. I will fully digest later when back at my PC.

Good morning,

Contravention Date

PCN Details

08/01/2025 16:28

Site

PCN Details

125-133 London Road

Contravention

PCN Details

No parking

Entry Date/Time

PCN Details

08/01/2025 16:02

Exit Date/Time

PCN Details

08/01/2025 16:28

Thank you for your contact and please accept our apologies for the delayed response or any confusion regarding this matter.

We can see you have been sent a debt resolution letter, please disregard this, we can confirm we have rolled the account back to the appeals stage and removed any extra fees that have been applied.

We can confirm your appeal has been processed, however as we can only add limited information to the response itself, we did deem it reasonable to contact you with some additional information. Please see attached signage on site as requested. We can confirm this signage is in place at this location and has been approved prior to use by the British Parking Association, to which both our client and ourselves are members of. This Parking Charge has been issued fully in compliance with their code of practice and in compliance with the Protections of Freedoms act 2012.

 

We can confirm the photographic evidence can be viewed at PayMyParkingCharge.com We have provided photos of the signage above for your reference. Please note, it does not state in the BPA code of practice of any of the relevant legislation that your vehicle must be photographed with a sign within these photos.

 

Please note, the images are ANPR images that are time, date and will have a location stamp, they are more than sufficient to show your vehicle remained on private land in breach of the Terms and Conditions.

 

The signage on site is sufficient to notify motorists that this is a no parking area.  This signage is approved by the British Parking Association, to which both us and our Client are members, prior to use and therefore your comments to state the signage is insufficient can be proven otherwise. It is clear and legible, and we are unable to assist you with disputes regarding the signage. Please see attached for your reference.

 

The case heard in the supreme court, Parking Eye vs Beavis, the court of appeal unambiguously clarified the common law's position on both the nature and enforceability of parking charges.

 

The Court referred to indirect losses that parking contraventions can cause to operators, the need for large charges to deter breaches, the benefit to the community that such deterrence can create and the intention of Parliament for such charges to be enforceable. Following the ruling in Beavis, it is without doubt that your Parking Charge is wholly valid and fully enforceable.

 

When parking on private land, it is your responsibility as the motorist to ensure that they read the signage as it is a contract and by leaving your vehicle parked you are agreeing to the Terms and Conditions.

 

All signage has been approved by the British Parking Association prior to use. All lettering, sizing and location has been preapproved and meets all necessary regulations needed. Therefore, your comments regarding the signage on site is not relevant to this Parking Charge. Photos and a site map of this signage will be provided in the case of litigation.

 

This has been issued within the British Parking Association code of practice. And Witness statements are not relevant here.

We can confirm your appeal has been fully considered and processed and an appeal response will be sent, via email, within the next two (2) working days. 

 

The document and password will be sent in separate emails so please ensure you check your junk and spam folder.

 

Your appeal response will be sent from email donotreply@zzps.co.uk. If you have not received this within two (2) working days, please call us directly 01932 918 916 or join our live chat service at www.ZZPS.co.uk .  If you are unable to open your appeal response, please first ensure you are entering the password with no spaces before or after. If you are still having issues, please use the previously mentioned options to contact us.

 

We must advise that your appeal response is time sensitive and therefore, if you do have any issues with opening the attachment or receiving the response, you must not email us. This is because we may not be able to action your email before the account progresses which may result in a balance increase that will be unable to be retracted.

 

Photographic evidence is available to view at Paymyparkingcharge.com 

 using your Parking Charge Number (Client Reference) and your VRM (Vehicle Registration Mark).

 

Please note, if your appeal has been rejected and your correspondence states you may pay the reduced balance within 14 days, but the account is showing the full balance, you will be required to call us directly on 01932 918 916, join our live chat service, or use the bank details on the back of our original correspondence to make this payment.

 

Any email correspondence received disputing the balance or asking for assistance may not be picked up in time which would result in progression of the account.

 

Kind regards 

Shannon Kelly

Coupon-mad

Load of codswallop.  Wait for ZZPS to reject the appeal.

looking_forward

And now almost as if synchronised cue DVLA , Just to confirm there are no photos of vehicle parked:  see below:

All comments gratefully received

Dear Mr

Thank you for your recent correspondence about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register. I have been asked to formally review your case at Step 1 of our complaints procedure.

The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of motorists is respected while enabling those who may have suffered loss or damage to seek redress. 

Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I hope you can appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable. 

Schedule 4 of the Act is clear in that it prescribes conditions that must be complied with in order to take advantage of the powers in that Schedule to pursue the keeper for payment. One of these is that the company must issue the notice to keeper so that it is delivered within 14 days. If that timescale is not met, the keeper liability powers do not apply; however, the company is still able to pursue payment of the charge through the means open to them prior to the introduction of PoFA, and therefore they have reasonable cause to receive that data. DVLA is not entitled to impose unlawful restrictions on the disclosure of data to those who have a legitimate claim to receive it. 

Page 1 of 2

 I have investigated this matter with Azure Parking who made the request to the DVLA for the registered keeper details for Vehicle Registration Number (VRN) and I have had sight of their supporting evidence. They have advised the Parking Charge Notice (PCN) was issued to you due to the vehicle parking for 16 minutes at the site where no parking is permitted, on  January. The PCN was issued to you on 17th January, which is within the PoFA timescale.

 To help ensure motorists are treated fairly when any private parking charge is pursued the DVLA discloses vehicle keeper information only to companies that are members of an appropriate Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an ATA is to ensure that those who request DVLA information are legitimate companies that operate within a code of practice that promotes fair treatment of the motorist and ensures that there is a clear set of standards for operators.

The company in question, Azure Parking Ltd, are a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The             BPA’s      code      of      practice      is      published     on      its      website      at http://www.britishparking.co.uk under the heading “Approved Operators Scheme”. If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA via email at https://portal.britishparking.co.uk/compliance/LogComplaint or by post at Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AH 

We have fully considered all the information available. If you feel that your complaint has not been resolved, you can request escalation of your complaint to Step 2 of the complaints process. Further options about our complaint procedure can be found online at www.gov.uk/dvla/complaints. 

Yours sincerely

 Data Customer Auditor

Data Assurance Team/Information & Assurance Group

 

 

 

 

 

 

 

 

 

 

 

 

 

Coupon-mad

Dear Data Customer Auditor,

It's of enormous concern when even the DVLA don't understand the statutory timeline for service of a NTK, under Schedule 4.

Try again: do you know what 'service' means? Here's a clue to assist the calculation: the 17th January was a Friday.

Secondly, Azure have produced no photos of the vehicle parked. Did they bother to supply those to you, or are you just believing them?

You say "I have had sight of their supporting evidence". Well I haven't. Kindly share that with me, in fact share the whole exchange please. You may redact names from emails.

In view of the above concerns, I request escalation of the complaint to Step 2 of the complaints process.

yours sincerely

looking_forward

I like your style