PCN issued whilst I was seated in the car.

nwusr

Was having this convo in another thread where someone got the same ticket in the same place for the same reason... but read something somewhere saying to make your own thread for your own issue to avoid confusion so here goes...

I have been issued a private PCN which was issued whilst I was seated inside the car and a passenger jumped out to grab some food from a nearby cart. Was probably there for no longer than 15/20 mins. I can be seen seated inside the car from the back if I look closely. The pictures were taken by someone who was sitting in the car behind me the whole the time. You can even see the glare of their own windshield and the awkward angle (only being from the back) in the pics too (taken 3 mins apart). They also say date of notice is 23rd but it was posted on 28th which seems to be quite a delay for letters like this (my guess is they put an earlier date on the letter to tighten the window I have to pay the discount or appeal which ends tomorrow). 

Do I have any chance/excuse to win this if I go through the long process of court? Been there before and it took a couple years to go back and forth and even get a hearing (That was a bigger fine of a few tickets grouped together and I did win in the end but it was a really tedious process). Don't mind going through it again but only if i'll win in the end because they just inflate the fee once it get to court too. Thanks for the advice.



 

nwusr

Also, I was recommended to submit a complaint to them about covert surveillance and then once they give their standard response report them to the ICO. I am not too sure what the outcome of doing that would be as it wouldn't get rid of the PCN but I have written my response and will be sending it today. Here it is below:

I am writing to raise a formal complaint regarding the parking charge notice issued to my vehicle (#######) on DATE at Uxbridge High Street, UB8 1LD.

At the time of the incident, the driver was seated inside the vehicle, which remained stationary for a short period while a passenger collected food. The driver did not leave the vehicle, and at no point did they "park”, and abandon the vehicle.

The parking charge appears to have been issued via covert surveillance, with images taken from inside an unmarked vehicle. The driver was not approached, warned, or given the opportunity to move, despite being clearly visible inside the vehicle which can also be seen in the photos.

This raises serious concerns regarding your company’s conduct, specifically:

1. Improper and potentially misleading enforcement practices – ticketing from concealment without engaging with a person visibly inside the car undermines fairness.
2. Potential breaches of data protection law – under UK GDPR Article 5(1)(a), personal data must be processed lawfully, fairly, and transparently. Covert image capture of individuals and vehicles, without notification or engagement, falls short of these standards.

Please treat this as a formal complaint and respond within 14 days with:

• An explanation of your enforcement procedures, especially the use of covert surveillance.
• The lawful basis under which the data (including vehicle and potentially identifiable images of the driver) was captured.
• Confirmation that this complaint has been logged, investigated, and will receive a full written response.

Should your response be unsatisfactory or incomplete, I will escalate the matter to the Information Commissioner’s Office (ICO) for further investigation.

Coupon-mad

They also say the letter was sent on the 23rd but it was posted on 28th.

Picture of envelope proving this? If you have it, that would be useful evidence for me to show the Government.

nwusr

I mean posted to me on the 28th not the date they sent it. I just feel like the lag in the date of notice and delivery is usually around 2-3 days especially with these kind of time sensitive letter. 5 Days seemed a bit unrealistic but you never know I guess.

Does the complaint letter seem ok?

nwusr

I just rang the food cart and they confirmed there is a guy who always sits in his car and takes pictures of people who stop or park their car in that area. They described the same car that i saw behind me -_-

Gr1pr

The parking company will reject the initial appeal,  regardless of the content 

Sitting in the vehicle for up to 20 minutes is no defence 

The IAS will likely conclude that the PCN was correctly issued 

They have 6 years to sue you in England and Wales,  so court or statutory timeout are the only real options here

prowla

A general rule is don't identify the driver.

(No "I was sat in the car, etc.)

kryten3000

The attendant has a duty to mitigate any loss by informing the driver they cannot park.  This covert action is predatory behaviour - the already parked vehicle is being used as a trap to make drivers think it is OK to park too.

nwusr

I guess i'll just pay the £60. Today is the 14th day so i'm still in time. Kryten3000, I totally agree with you, but apparently it doesn't invalidate the fine? As I said, I wouldn't mind taking it to court as I have done this before but taking into account what Gr1pr said, ill just pay and get it over with as the only defence I have isn't a defence it seems.

Gr1pr

Nobody suggested paying,  I gave you a reality check on the basics involved,  at no time did I imply payment 

Gr1pr

Nobody suggested paying,  I gave you a reality check on the basics involved,  at no time did I imply payment