Meadowhall Sheffield Car Park Fine

youngie24

part 2 - see below

youngie24

so what to do next ? nothing ?

cooldude255220

https://forums.moneysavingexpert.com/discussion/comment/82072643#Comment_82072643

Hang on, I'm seeing if there's anything to put together for POPLA.

Car1980

Yes, no period of parking on there, just a timestamp.

And the use of 29 days instead of the 28 in the legislation.

cooldude255220

Here's a starter for ten, though you may wish to see if anyone else has any comments/suggestions before you send it off.

A creditor only has the right to recover unpaid parking charges from the keeper of the vehicle under paragraph 4(1) of Schedule 4 where the criteria in paragraph 4(2) of Schedule 4 are met.

Paragraph 4(2)(a) requires that the conditions in paragraphs 5, 6, 11 and 12 (so far as applicable) are met.

Paragraph 6(1)(b) of Schedule 4 of POFA requires that a Notice to Driver is given in accordance with paragraph 7, followed by a Notice to Keeper in accordance with paragraph 8.

Paragraph 7(2)(e) requires that the Notice to Driver: identify the creditor and specify how and to whom payment may be made.

Although the Notice to Driver specifies how and to whom payment may be made, it does not identify who the creditor is.

Paragraph 8(2)(a) requires that the Notice to Keeper: specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

The Notice to Keeper does not include the period of parking to which the notice relates.

Paragraph 8(2)(e) requires that the Notice to Keeper state: the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver

The Notice to Keeper does not state that the creditor does not know the name of the driver.

The Notice to Keeper does not state that the creditor does not know a current address for service for the driver.

The Notice to Keeper does not “invite” the keeper to pay or to notify the creditor of the driver’s name and address, it purports that the keeper is “required” to do so.

Paragraph 8(2)(f) requires that the Notice to Keeper: warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

The Notice to Keeper incorrectly states that the period of time is “after 29 days from the date given”, not 28 days.

Both the Notice to Driver and the Notice to Keeper materially fail to comply with the requirements of Schedule 4 of POFA.

As the Operator is seeking to recover unpaid parking charges from me as the keeper of the vehicle, and they have failed to comply with Schedule 4 of POFA, this appeal must be allowed.

Additionally, the PCN is in breach of Clause 8.1.1 of the Single Sector Code of Practice [Appendix 1] because the PCN, in its design and/or language, states that the keeper is liable where they cannot be held liable. The keeper cannot be held liable in these circumstances because the PCN was not given in accordance with Paragraph 9 of Schedule 4.

Additionally, on 16th July 2026, the Competition and Markets Authority published an open letter to private parking operators [Appendix 2]. Paragraph 28 requires Operators to ensure that all substantive correspondence they send to consumers directs them to the Private Parking Sector Single Code of Practice - and the Appeals Charter at Annex F - in order to allow consumers to make better informed decisions on whether to pay or appeal a PCN. Substantive correspondence specifically includes the Notice to Keeper, payment reminder letters and letters sent to consumers during an internal appeal.

Neither the Notice to Keeper, nor the Notice to Driver, direct the consumer to the Private Parking Sector Single Code of Practice, nor to Annex F thereof.

Download, rename, and attach as appendix 1: https://irp.cdn-website.com/262226a6/files/uploaded/sector+single+Code+of+Practice+Version+1.1+130426-2.pdf

Download, rename, and attach as appendix 2:

https://assets.publishing.service.gov.uk/media/6a5784276d6d5c7e2845ca02/open_letter.pdf

Coupon-mad

I would add a few extra paragraphs including stating that the signage is inadequate:

• Minster Baywatch have applied yellow stickers onto yellow posts, with no colour contrast whatsoever and no prominent, large warning at these bays about the unexpected obligation of having to 'register' to use a parent & child bay, which is such a rare rule that the keeper has never heard of it and the driver was unaware;
• There is nothing on the entrance sign mentioning this unexpected term, so a parent with a child would not know to look for it;
• Even if they did see the yellow stickers, the places to 'register' are in illegible, tiny text;
• This appears to be a new restriction but there are no extra signs at the entrance warning about it. This is a breach of the Code;
• There are no GDPR data use signs to warn about CCTV and/or handheld camera operation and how the images will be used. This is a breach of the Code and data protection law (see quotes about these legal obligations from the Information Commissioner 'ICO' below);

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/cctv-and-video-surveillance/guidance-on-video-surveillance-including-cctv/additional-considerations-for-technologies-other-than-cctv/action-cameras-and-other-portable-surveillance-technologies/#action-camera

• As well as handheld devices, CCTV is also being used to follow drivers and track their movements at this site, and this was confirmed by the landowner who described the driver's clothing. This is intrusive on consumers' rights and freedoms and CCTV tracking of identifiable people (as opposed to vehicles) is subject to additional legal requirements:

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/cctv-and-video-surveillance/

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/cctv-and-video-surveillance/guidance-on-video-surveillance-including-cctv/what-are-our-responsibilities-in-terms-of-accountability/

• The ICO states "You always need to ensure that those under surveillance are clearly aware that they are being recorded. You should provide individuals with appropriate information about how they can exercise their rights, and that appropriate restrictions on viewing and disclosing images are in place for those using the system.
  ICO's Example - A business responsible for managing a public multi-storey car park wishes to use CCTV cameras around the premises and in the elevators, to ensure the safety and security of individuals using them. Those using the car park are likely to expect CCTV cameras for general safety reasons…".
• At this multi story shoppers' car park, the surveillance cameras are not being deployed for safety reasons, so a parking operator must "ensure that there is appropriate signage that people can read within, and prior to entering, the premises. It should include details of the organisation operating the system, the purpose for using it and who to directly contact in the event of a query."
• This is missing and Minster Baywatch are put to strict proof otherwise.
• The ICO legal requirements continue:

"To identify and help mitigate risks at an early stage you should perform a DPIA prior to any processing. This is a legal requirement and applies in most cases relating to video surveillance given the inherent privacy risks involved in the use of these systems. This includes systematically monitoring publicly accessible places on a large scale. DPIAs must:

• describe the nature, scope, context and purposes of the processing;
• assess necessity, proportionality and compliance measures;
• identify and assess risks to individuals; and
• identify any additional measures to mitigate those risks.

Minster Baywatch must supply their Data Protection Impact Assessment (DPIA) signed in advance of any surveillance. This is a legal requirement under the Data Use and Access Act 2025. All cameras, even iphones, are covered and the ICO rules say "any use of portable surveillance technology should still respect the rights and freedoms of individuals, and this should be explored in a DPIA prior to using the technology".

Minster Baywatch must also comply with the Code of Practice regarding landowner authority (clause 14 and Annex F) and they are put to strict proof of compliance,

POPLA is reminded that the Competition and Markets Authority has just published detailed information and an Open Letter to the parking industry, warning all operators and interested sector service providers (which includes POPLA) that compliance under UK laws (which includes but is not limited to: GDPR, DPA 2018, the POFA Schedule 4 and all consumer protection and data use / camera surveillance law) overrides any weaker clauses in the self-serving Joint Code.

POPLA must review the laws and retrain assessors to ensure compliance with the CMA's requirements. UK law MUST be applied and is not out of scope. POPLA is not tasked to merely look at the industry Code which the CMA stated was secondary and mere guidance, with consumer protection law prevailing.

If POPLA fail to properly and strictly apply the above laws, a complaint about POPLA as well as about the operator, will be made to the CMA without further notice.

youngie24

wow thanks all .. ill take a further look at this later and will digest and send it back to them. Minster Baywatch have not mentioned my clothing bit as yet .. this was Meadow hall calling me back after I complained to them directly then asked me to appeal to the address on the PCN

Coupon-mad

Yes I know but it goes in anyway.

youngie24

so I've finally got my head round reading the above .. do I attach the notes made by Cooldude and obvs Coupan Mad all on the same letter ?

Just want to make sure before I send into them

youngie24

also just looking back it maybe a bit misleading .. the sign they saw me reading was upon entry to the shopping centre not in the car park itself it was on a board stood off the floor as you walk in ..