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  • FIRST POST
    • markudman
    • By markudman 8th Jan 18, 9:44 PM
    • 304Posts
    • 182Thanks
    markudman
    Resident Parking
    • #1
    • 8th Jan 18, 9:44 PM
    Resident Parking 8th Jan 18 at 9:44 PM
    Hi I have found the bottle to start a thread, I have read the Newbie’s Thread and followed some of the advice,
    Here is my story, I moved into a new flat with my wife and kids, in Sept 2017, the parking cowboys, PCM mismanage the parking, I am off work sick due to an autoimmune disease which means I have problems with pain all over my body so cannot always help my wife with, Kids Shopping, etc.

    I had 3 cars, (sold one now) but got about 8 tickets, for different reasons, but all the usual reasons, PCM would not issue permits until they got the V5 in my address, this took a few weeks, we asked for temp permit which after a fight with the managing agent got them, also we got scratch cards and displayed them in the cars, but still got tickets,
    there are 3 entrances to the estate, only one (the back one) has signs on them .
    I have talked to the landlord and are not interested in helping, but have not spoke to them yet about quite enjoyment.

    So after reading lots of forums, decided to play a game with them, I appealed knowing that they would get rejected, I then used different letters and appeals to IPS, I am waiting for their rejections.

    The main reason for appeal was signage or lack of it, they say they have 63 signs throughout the estate, (it’s a big estate) which may or maybe not be true, but there are no signs on 2 of the entrances and have photos to prove, a total of about 20 photos showing the entrance and a walk through to the parking etc,
    a few signs can be seen, one which is about 20 foot away from the parking area, over a grassed area which cannot be read from the parking area, and one which is next to one saying resident parking only, so confusing.

    I have checked the size of the signs and they are not bigger that 0.3 sqm so no advertising consent needed, I am checking planning soon.

    I have 2 NTK from them, for the same car, one to the hirer, and one to the keeper? Both say they got the details from DVLA, and my wife is a Mr, but the V5 is Mrs,

    I have asked them for proof that they have a contact with the land owner.

    On their Prima Facie Case they say that they have a contact with Merton Council since 2009, the land was sold to a housing association in 2010? I have checked this with land registry and downloaded the plan.

    The other point which I am hoping will be a winner if all else fails, (I have not gone along this line yet with the appeals) is my tenant’s agreement, it has no referents to parking in it, but says:
    Common Parts,
    Means any part of the building containing the property and any land or premises which the tenant is entitled under the terms of this tenancy to use in common with the landlord and other owners or occupiers of other flats in the building.
    As in:
    In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park.

    In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.
    Last edited by markudman; 08-01-2018 at 9:50 PM.
Page 11
    • markudman
    • By markudman 9th Nov 18, 1:00 PM
    • 304 Posts
    • 182 Thanks
    markudman
    I yes I have no problem in giving the council 50 quid if then in helps me beat them in court
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 9th Nov 18, 2:01 PM
    • 304 Posts
    • 182 Thanks
    markudman
    Can someone please remind me of the regulation for signs, or point me to where I can look, IE: placement, letter size, etc,
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 9th Nov 18, 2:36 PM
    • 304 Posts
    • 182 Thanks
    markudman
    Here is my letter to DVLA Have I missed something, or can can someone look over it,
    Thanks in advance
    I would like to make a complaint about the way DVLA handle data under the data protection act.

    DVLA has given my data to Parking Control Management (UK) LTD, without good reason.

    1, On the xxx/2018 (Date of event xxx2018) PCM (parking control management (UK) LTD) requested my detail under registration number xxxx
    for Breach of terms and Conditions of a private car park.

    The vehicle was in fact parked on the Highway, IE: council land. So, no breach has taken place,


    2, On the xxx/2018 (Date of event xxx2018) PCM (parking control management (UK) LTD) requested my detail under registration number xxx
    for Breach of terms and Conditions of a private car park.

    The vehicle was in fact parked on the Highway, IE: council land.

    3, On the xxx/2018 (Date of event xxx/2018) PCM (parking control management (UK) LTD) requested my detail under registration number xxx
    for Breach of terms and Conditions of a private car park.

    The vehicle was in fact parked on the Highway, IE: council land.

    At this point
    I would also like to draw your attention to the fact that the signage is not adequate, IE: placement, letter size, there is one sign hidden high on a wall with is not lit (parking restrictions 24hrs)

    Also in my lease it says, it said I can use common land for whatever I what to, more importantly, it does not say I will be charged £100 for parking my car on site, it maybe true that PCM have in fact never had good reason to get data from DVLA, so all data ever supplied to them may be breaking The DPA.

    I have proof from the Council that the land ticketed by PCM is in fact Council land, I have included a print out from xxxxx council to this affect, I have also included pictures taken by myself and PCM to show the location.

    I have also sent a letter of complaint to the ICO about being ticketed on a public road.

    I am looking forward to your prompt reply and resolution.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 11th Nov 18, 4:23 PM
    • 304 Posts
    • 182 Thanks
    markudman
    I have noticed a increase in claims from PCM, there are a lot of people, a round my estate, that are asking for advise, of course I point them all to here, but has anyone else noticed an increase, or maybe they atre just having a purge around this area?
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • Fruitcake
    • By Fruitcake 11th Nov 18, 5:32 PM
    • 37,770 Posts
    • 84,806 Thanks
    Fruitcake
    I think all PPCs are ramping up their claims. Some that haven't done court in the past are now starting to do so.

    Have you contacted your MP about this?

    If the scammers are issuing tickets on public land, then it may be that criminal offences have occurred, especially if anyone has paid them.

    Attempting to defraud, obtaining money by deception, demanding money with menaces (the threat of court, threat of CCJs etcetera.)
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Umkomaas
    • By Umkomaas 11th Nov 18, 7:57 PM
    • 20,250 Posts
    • 31,946 Thanks
    Umkomaas
    It's BWL who seem to be conducting an onslaught. Probably on a near enough no-win, no-fee basis as the mere threat of court (a new phenomenon for many of the erstwhile benign operators) will tip a large number over the edge - and hurtling to pay up to avoid the hassle of defending their position in front of a Judge.

    The odd one we help to win will be of minuscule consequence, unless there is some major result - but unlikely in the small claims court.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • markudman
    • By markudman 11th Nov 18, 10:11 PM
    • 304 Posts
    • 182 Thanks
    markudman
    I think all PPCs are ramping up their claims. Some that haven't done court in the past are now starting to do so.

    Have you contacted your MP about this?
    MP is a joke, I had one parking parasite arrested for assault, she push me out of the way to put a fake ticket on my sisters car, on council land,

    If the scammers are issuing tickets on public land, then it may be that criminal offences have occurred, especially if anyone has paid them.

    Attempting to defraud, obtaining money by deception, demanding money with menaces (the threat of court, threat of CCJs etcetera.)
    Originally posted by Fruitcake
    I am going to investigate this.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 11th Nov 18, 10:12 PM
    • 304 Posts
    • 182 Thanks
    markudman
    MP is a joke, I had one parking parasite arrested for assault, she push me out of the way to put a fake ticket on my sisters car, on council land,
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • KeithP
    • By KeithP 11th Nov 18, 10:16 PM
    • 10,675 Posts
    • 11,059 Thanks
    KeithP
    MP is a joke, I had one parking parasite arrested for assault, she push me out of the way to put a fake ticket on my sisters car, on council land,
    Originally posted by markudman
    I don't think you can blame the MP for that, can you?
    .
    • Coupon-mad
    • By Coupon-mad 11th Nov 18, 11:23 PM
    • 63,887 Posts
    • 76,545 Thanks
    Coupon-mad
    I am going to investigate this.
    Originally posted by markudman
    Quickly save Sassii's links in post #39 here:

    https://forums.moneysavingexpert.com/showthread.php?t=5748128&page=2

    As he is going to delete them tonight. Save them FIRST then read his successes v PCM at a residential site where more than one resident is fighting back.

    Two costs orders so far, for 4 figure sums in his favour, AIUI.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • nosferatu1001
    • By nosferatu1001 12th Nov 18, 9:31 AM
    • 3,921 Posts
    • 4,720 Thanks
    nosferatu1001
    The highway isnt council land unless it is maintained at public expense. Enclose proof of this

    The DVLA wont care about signage; after all, the signage is irrelevant if it is on council owned highway! What you need to do is say wha tyou want the DVLA to do. given you wont be able to sue them...
    • markudman
    • By markudman 14th Nov 18, 3:00 PM
    • 304 Posts
    • 182 Thanks
    markudman
    what can I ask DVLA to do other that investigate PCM, ?
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • Umkomaas
    • By Umkomaas 14th Nov 18, 3:20 PM
    • 20,250 Posts
    • 31,946 Thanks
    Umkomaas
    what can I ask DVLA to do other that investigate PCM, ?
    Originally posted by markudman
    Well not an unstructured, ill-defined investigation, but a targeted one in relation to the possibility that they are issuing tickets on the council-owned highway, and for which they have no 'reasonable cause' to access the DVLA database for your personal information.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • markudman
    • By markudman 14th Nov 18, 3:41 PM
    • 304 Posts
    • 182 Thanks
    markudman
    Well not an unstructured, ill-defined investigation, but a targeted one in relation to the possibility that they are issuing tickets on the council-owned highway, and for which they have no 'reasonable cause' to access the DVLA database for your personal information.
    Originally posted by Umkomaas
    I would like DVLA to investigate this with a matter of urgency, and Sanction PCM, and any other trading name they use.

    I feel DVLA give data to easily to Private parking companies, I have listed above 3 events that they have clearly not had good reason to obtain data, how many other are there?

    Sent to I would like DVLA to investigate this with a matter of urgency, and Sanction PCM, and any other trading name they use.

    I feel DVLA give data to easily to Private parking companies, I have listed above 3 events that they have clearly not had good reason to obtain data, how many other are there?

    It is an offence to unlawfully obtain personal data which is contrary to the data protection law
    Sent to I am looking forward to your prompt reply and resolution.
    Last edited by markudman; 14-11-2018 at 3:44 PM.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • KeithP
    • By KeithP 14th Nov 18, 3:44 PM
    • 10,675 Posts
    • 11,059 Thanks
    KeithP
    Now remove your full name from that post -sheer carelessness!!
    .
    • markudman
    • By markudman 14th Nov 18, 3:49 PM
    • 304 Posts
    • 182 Thanks
    markudman
    Yes i saw that a little late.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • Fruitcake
    • By Fruitcake 14th Nov 18, 3:56 PM
    • 37,770 Posts
    • 84,806 Thanks
    Fruitcake
    It needs a little editing.

    I would like DVLA to investigate this with a matter of urgency, and Sanction PCM, and any other trading name they use.

    I feel DVLA give data to too easily to Private parking companies, I have listed above 3 events that they have clearly not had good reason to obtain data, how many other are there?

    Sent to I would like DVLA to investigate this with a matter of urgency, and Sanction PCM, and any other trading name they use.

    I feel DVLA give data to easily to Private parking companies, I have listed above 3 events that they have clearly not had good reason to obtain data, how many other are there?

    It is an offence to unlawfully obtain personal data which is contrary to the data protection law
    Sent to I am looking forward to your prompt reply and resolution.
    Originally posted by markudman
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Umkomaas
    • By Umkomaas 14th Nov 18, 4:00 PM
    • 20,250 Posts
    • 31,946 Thanks
    Umkomaas
    not had good reason
    The reason I put 'reasonable cause' in inverted commas was for you to use those very words. They have a very specific meaning, linked to the PPC's KADOE contract with the DVLA.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • markudman
    • By markudman 14th Nov 18, 4:04 PM
    • 304 Posts
    • 182 Thanks
    markudman
    It needs a little editing.
    Originally posted by Fruitcake
    That was a mistake on here i pasted twice
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 14th Nov 18, 4:12 PM
    • 304 Posts
    • 182 Thanks
    markudman
    The reason I put 'reasonable cause' in inverted commas was for you to use those very words. They have a very specific meaning, linked to the PPC's KADOE contract with the DVLA.
    Originally posted by Umkomaas
    Added Thank You
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
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