Private Parking Company refusing to provide copy of Landowner Authority Agreement

bananapancakes23

As the title suggests, I'm currently dealing with a PCN from a non-reputable car park that I have reason to believe that at the time of issuing the PCN - the contract with the PCN and Landowner were not in place, or fulfilled to the extent of actually being able to issue Private Parking Tickets on the landowners behalf.

I've written to the Parking company via email, twice, asking for the following:

I first wrote my request as 

"Could I please get a copy of your signed, and dated contract with KADOE. 

Secondly, could I also receive a copy of the full contract, signed and dated, with the land owner to prove that you have permission from the land owner to charge for parking. "

And received back via email 

"This site have been audited by the IPC.

They have all the relevant documents.

Please contact them, as we are not in liberty to provide due to GDPR."

I followed this up with:

"I require strict proof that any contract exists between the landowner and [Parking company], and that any such purported contract has been executed in accordance with the Companies Act 2006.

I ask that The Operator be asked to provide proof they have the authorisation at this location in the form of a signed and dated contract with the landowner which specifically grants them the standing to make contracts with drivers and keepers and to pursue charges in their own name in the courts. Documentary evidence must pre-date the parking event in question and be in the form of genuine copy of the actual site agreement/contract with the landowner/occupier.

They must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken. The written authorisation must also set out:

a) the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b) any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c) any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. The contract and any 'site agreement' or 'User Manual' setting out details including exemptions -such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site have a right to cancellation of a charge.

 It cannot be assumed just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

As such, you have a legal duty to provide proof that you have right to issue Parking Charge Notices as an Agent working on behalf of the landowner, and that this duty was given prior to the point of the alleged breach of contract taking place. "

Of which, they responded 

"Thank you for your email.

This site have been audited by the IPC.

They have all the relevant documents.

Please contact them, as we are not in liberty to provide due to GDPR.

Attached screenshots of the Operator Certificate and  the audit for the [relevant car park] with visible landlord agreement."

It's noted that the two attachments to the email are a the following screenshots:

A certificate issued by the IPC, for the parking company overall, noting the following text:

Attachment 1:
"[Parking Company Name]
[Parking Company Logo]
[Parking Company Address] - (Note, this address differs to the addresses included on previously received documentation and PCN, but matches the address provided on Companies House?)
"Has Passed the International Parking Company (IPC) Certification and Audit Process and is part of the IPC's Accredited Operators Scheme (AOS)"

[Logo of the IPC]
Trade Association Start Date: 03/11/2020
Membership Start Date: 04/11/2020
Membership Renewal Date: 04/11/2021
Official Audit Passed on:  05/02/2025 (Note this date is after the date that the PCNs were issued)

[IPC CEO name]
Chief Executive Officer

[IPC Address]
[IAS Logo]
[UNITI Logo]

Attachment 2:
Audit for [Car park number & Name]
Audited on 14/12/2023
Information and documentation within this audit is effective from 15/12/2023
Sitemap(s):
site plan [Car Park Name] .PDF

Landowner Authority :
[site number][Parking Company Name] Authority Agreement 1 - signed 1.pdf

Associated Sign Types:
[Three different IDs]

Signs Audited?
Yes

Do the signs work in conjunction with each other?
Yes

Are there sufficient signs suitably located?
Yes

Auditors Comments: 
No Comments

What are my next steps? As the company has responded with - they seem to think they can refuse to provide a copy of the agreement with the landlord themselves due to 'GDPR', and that I'd need to contact the IPC... 

This feels like an easy fob-off, as I am expecting that the actual detail in the contract may have not been met prior to the PCN being issued (such as receiving appropriate planning permission from the council to operate a car park on this land).

Unfortunately, this is all operating past the point of an appeal being an option - so I'm requesting this document in order to begin to build my case to get the PCN thrown out in court... (or apply enough pressure to avoid taking it that way in the first place).

Gr1pr

There is no legal compulsory reason to provide the information to you,  only your own data under GDPR , so they do not have to provide you with a copy .  You are not entitled to see the documents , its not a legitimate request,  although we can understand why you would want a cooy

A court would expect a copy at the Witness statement stage,  so you would put them to strict proof in your future defence and also in your Witness Statement too

Coupon-mad

Could I please get a copy of your signed, and dated contract with KADOE. 

Why don't you just get that from the DVLA, if you really want it?

You can't get the landowner agreement. They have no legal duty to disclose it.

Personally, I would do ABSOLUTELY NOTHING  because dealing with an IPC firm is like banging your head against a brick wall.

Enjoy the Summer. Contact them ONLY if you move house within 6 years. Open all letters.