UKCPM PCN - Dropping Disabled person off to attend Blue Badge assessment

dudidudidudi

I've read all the Newbies bits and lots of the threads but haven't been able to find anything like this (so far).

I know UKPCM are scammers I have not intention of paying but want confirmation that PCN is not enforceable, and advice on how to proceed.

Received a PCN from UKPCN (redacted copy attached).

Background to receiving the PCN:
Registered keeper (my partner) was being driven in their car to attend a Blue Badge assessment at a council office located in a library over 20 miles from where we live. Their mobility is severely restricted, hence the need to request a Blue Badge for the first time, resulting in the request to attend a Blue Badge assessment.

The driver of the vehicle drove into the no-through road where the library entrance is located. The driver did not park, they stopped by the side of the road to allow my Partner to alight the vehicle, which is allowed in the Highway Code. My Partner immediately went into the library and the driver immediately turned the vehicle round and drove the car back onto the main road (one way system) and to the nearest public car park, about a 6-7 minute drive (due to one way systems). The public car park is situated at least 5 minute walk for an abled body person, probably 15-20 minutes walk for my partner, and was too far for her to walk. Payment for Parking at the public car park was made via App, copy of redacted receipt attached.

Following the Blue Badge assessment, approx. 50 mins after my Partner alighted, my Partner telephoned the driver on their mobile. The driver returned to the same place where they dropped my Partner off. The driver stopped (they did not Park) to allow my Partner to board the vehicle, again permissible in the Highway Code. The driver immediately turned the vehicle round and drove the car back onto the main road and then headed for home.

A week after the event my Partner received the PCN in the post. No windscreen ticket was issued at the time.

I have subsequently visited the road in question and taken photos of the signage located on the road in question, located about 10-15 feet from the ground on the other side of the road, and about 15-20 feet from the Main Road. The CPM signage is not visible from the Main Road, as it is obscured by a building on the Main Road. The Main Road is a one way system, and there is no visible signage on the Main Road to say the road where the Library is located is a Private Road. 

In my opinion the CPM signage is poorly located as it is almost impossible for a driver to see, as they enter the road, which is a blind corner and any driver would have to concentrate on the road as they turn the blind corner to take into account any peddestrians in the road (no pavement on left side of road) and traffic coming in the opposite direction.

The CPM signage mentions Parking is only permitted for permit holders. It does not state that there is no stopping, see attached. My understanding is that there is a legal difference between, stopping to allow a disabled passenger to alight or board a vehicle and parking. Something that CPM doesn't recognise that stopping is legitimate.

In addition, CPM are claiming that the car was 'Parked' at the location for 54 minutes. This is impossible as the car was being driven on the public highway or was parked in a public car park (proof attached) for the duration of their alleged parking violation.

We're going to fight this rogue PCN.

I understand Plan A, Plan B, etc.

But would appreciate advice on what to do and when.

I believe we can't use 'Grace Period' as the driver did not park, or pay for parking. But I assume we can use 'Consideration Period', as this is a statory requirement for the operator (CPM) to allow for in the IPC Code of Practice.

We are struggling to find the Land Owner, to be able to write to them. I've also seen examples of when people have written to their MP, and it appears writing to most of MP's results in a standard response and is a waste of time. So not sure if this is sensible, given the time available, already 4 days into the 28 day Appeal process.

Can you confirm if the following approach is advisable, or if it needs to be tweaked, changed.

1. Appeal the PCN using CPM online system 1-2 days before the cut-off date. We will use the standard template, plus add the extra's as detailed in the background above. We will not identify the driver.
2. Wait for CPM to reject the appeal.
3. Wait for NTK.
4. Wait for Debt-Collector letters, and ignore them.
5. If Letter Before Claim is issued, we need to deal with it immediately.
6. Keep all communication and evidence in case CPM decide to go to Court, then advise Court of defence.

Thanks in advance.

P.S.
My Partner was accepted for a Blue Badge, and it arrived today. Shame she didn't have it before.

Trainerman

Sounds like they are using ANPR and you are the victim of a double dip, that is taking first entry and last exit. You did not park and I cannot see any signs saying you cannot set passengers down.

So in your position I would not be concerned about this. Yes they will try it on and attempt to bully you but in the long haul you have a number of good defence points ( Double-dip. Jopson v Homeguard). I can't even see them trying it on in Court.

Don't let them grind you down

Half_way

To cut all the waffle...

The vehicle entered the area, someone was dropped off ( loading /unloading of passengers or goods is not parking)

The Vehicle then returned at a later time to pick the person up

The so-called parking company cameras picked up the vehicle on the first entry, but did not pick it up leaving the first time, only picking it up after it left for the second time, resulting in the first entry being added to the second exit and the whole stay being counted as one long stay?

Unfortunately too much info has been blacked out such as length of stay, bit it would appear the first entry is 15 minutes past something, and the second exit could be 10 minutes past another hour.

Is this correct?

 If it is, forget about libraries, assessment centres and so on, this is known as a "double dip" and should be treated as a GDPR breach by the parking company and the landowners ( as principal)

dudidudidudi

Thanks Trainerman,

Yes, it is ANPR, and I haven't seen any signs that don't allow passenger set down, or even loading/unloading.

I'll read up on Jopson v Homeward.

But am I okay for my proposed steps at the end of original thread?

dudidudidudi

Thanks Half_way,

They claim total parking time was 54 minutes.

Why is it a GDPR breach? I thought they are able to take ANPR photos. Is it because they have misused the timings?

LDast

It's a double dip. They have breached the PPSCoP because they were obliged to carry out a manual check quality control check before requesting your DVLA data. They obviously didn't as there are orphan images of your vehicle exiting the first time and entering the second time.

Because they didn't perform the required manual quality control checks they have requested your DVLA data unlawfully. You must also make a forma complaint to the DVLA about this and request that this operator be sanctioned.

If you're fighter, you could even sue them for compensation for breach of your GDPR under the Data Protection Act 2018.

Half_way

Organisations are bound by (UK) GDPR aka data protection.

 They must ensure that the data they gather is accurate and that thye have just cause.

If they have accessed and processed personal data, without taking steps to ensure it is accurate - for example accessing the DVLA database then processing someone's personal data, while relying on an automated system with no reasonable checks/safeguards  then this could be a breach as they are relying on inaccurate data

 

1505grandad

This scam is recognised in the useless latest single cop cobbled together by the ATAs:-

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

"7.3. Use of photographic evidence

Photographic evidence must not be used by a parking operator as the basis for issuing a parking charge unless:

NOTE 1: The manual quality control check for remote ANPR and CCTV systems is particularly important for detecting issues such as “double dipping”, where image camera systems might have failed to accurately record each instance when a vehicle enters and leaves controlled land, and for checking images that might have been taken other than by a trained parking attendant (see Clause 15)."

dudidudidudi

I now understand what 'Double Dip' is, and this appears to be the case here. But that infers that the car may have been parked. They haven't checked all the entry/exit ANPR images, or chose not to show me the orphan images. I'll use this when I appeal the PCN with CPM.

My additional argument is that 'stopping to allow a passenger to alight/board and then immediately leaving the area' is not 'parking'. Am I correct?

Fruitcake

Dropping off/picking up (goods and people) is not parking. It's Jopson v Homeguard, not Homeward, you want. The transcript is available online and you should look for the judge's comments around paragraphs 19 and 20.

Plan A is always a complaint to the landowner and your MP. Please also sign the petition below, and get all your friends and family to do the same.

Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament. - Petitions

kryten3000

You have already received the Notice to Keeper, that's their letter above.

I would appeal as keeper using the following:

Failure to comply with Para 9(2)(e) of the POFA - no invitation to the keeper to pay and use of "should provide" driver's details instead of an invitation.

ANPR failure - no manual check of the images leading to a "double dip".

"on each occasion the driver declined any offer of parking and left within the consideration period".

Provide the proof that the vehicle was parked elsewhere by attaching a copy of the payment receipt (being careful not to "out" the driver in any way).

Breach of KADOE contract with DVLA and Data Protection Act 2018 for obtaining keeper details without "reasonable cause".