Park Watch PCN - Bus Area (Redditch)

Mahone1302 · 20 February 2019 at 10:49PM

I've received a "Parking Charge Notice" from Park Watch for "Entered a Buses Only Access Area." This occurred at the Kingfisher Shopping Centre in Redditch earlier this month. The case and the PCN appear very similar to this one which occurred at the same location: https://forums.moneysavingexpert.com/showthread.php?t=5958618

The difference being that my vehicle did actually stop within the buses only area for a few minutes, albeit the PCN makes no mention of the vehicle parking, purely that it entered the buses only area. A passenger of the vehicle was dropped off to collect a takeaway food order from one of the restaurants within the Kingfisher Shopping Centre. Luckily the receipt has been kept. The photographs on the PCN show my vehicle in two different parts of the bus area, approx 3 metres apart, and it would have been moving in both images.

I have already sent a SAR to Park Watch, and to the DVLA to find out on what grounds Park Watch have requested my details. I have emailed a complaint to the Kingfisher also - they phoned me back a short time after I emailed but I couldn't take the call, I've not been in a position to call them back yet but will do tomorrow.

At first glance the wording appears to be compliant with POFA but it's been a while since I've looked at it to check for sure, albeit my understanding is that POFA is concerned with parking, and the supposed contravention here is entering a bus lane.

The bus area itself is approached and entered as per this picture: https://drive.google.com/file/d/1ACGP-yiVEoBSdTCOC96Yult_Wz0avIJt/view

As you can see, very confusing, numerous signs, many not easily visible from the driving position either. When my vehicle entered the bus area, it was actually during hours of darkness so the signs would have been less visible. I'm going to try to get a night time picture of it over the next couple of days. The actual "terms and conditions" of the bus area are inside the bus area itself )so can't be read without entering the bus area anyway) or on the wall at the entrance, and can't be read without stopping on zigzag white lines, which would be a moving traffic offence. The PCN suggests that they're pursuing this for breach of contract as opposed to trespass or a contractual charge.

I'm quite confident that this one will be cancelled by the Kingfisher when I speak to them, but on the off chance that it isn't I'll be doing the following:

- Appeal to Park Watch.
- Appeal to POPLA afterwards as Park Watch will likely dismiss my appeal to them.

Am I missing anything?

Umkomaas · 20 February 2019 at 11:13PM

Same location, very similar circumstances, read the following thread and the advice and actions in it. Seemed to reach a very positive solution within a relatively short space of time.

https://forums.moneysavingexpert.com/showthread.php?t=5958618&highlight=kingfisher

Mahone1302 · 20 February 2019 at 11:18PM

Thanks Umkomaas, that's the one that I have already linked to in my original post and and have based my complaint to Kingfisher on.

Umkomaas · 20 February 2019 at 11:24PM

Mahone1302 wrote: »

Thanks Umkomaas, that's the one that I have already linked to in my original post and and have based my complaint to Kingfisher on.

Thanks. Skim reading just to get through every single post written today - 98 separate cases (and there will be multiple posts on many of them) requiring assistance today - and still 1.5 hours to go. It's utterly overwhelming at times.

Mahone1302 · 20 February 2019 at 11:26PM

I bet! I appreciate the help. This will be my third ticket challenged - first won at POPLA, 2nd has just been allocated to my local County Court but I'm confident of a win. Those two were from 2015!

twhitehousescat · 20 February 2019 at 11:59PM

time parkwatch were sanctioned , bpa and DVLA should be informed if the dvla request comes back saying car park etc

Coupon-mad · 21 February 2019 at 4:55PM

At first glance the wording appears to be compliant with POFA but it's been a while since I've looked at it to check for sure, albeit my understanding is that POFA is concerned with parking,

This is it. The POFA says it only relates to a parking event:

1 (1)This Schedule applies where—
(a) the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land;

(2) The reference in the definition of “parking charge” to a sum in the nature of damages is to a sum of which adequate notice was given to drivers of vehicles (when the vehicle was parked on the relevant land).

(3) For the purposes of sub-paragraph (2) “adequate notice” means notice given by—
(a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or
(b) where no such requirements apply, the display of one or more notices which—
(i) specify the sum as the charge for unauthorised parking; and

9 (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6 (1)(b) is given in accordance with this paragraph if the following requirements are met.
(2) The notice must—
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(3) The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Mahone1302 · 22 February 2019 at 10:33AM

Well had an interesting call from Kingfisher Shopping Centre management yesterday. I avoided specifically discussing the case relating to my vehicle, other than one or two points, mostly focusing on the general situation re that bus area.

He informed me that he is reviewing my complaint but had a couple of concerns about the whole thing, particularly that this was the 3rd such letter he had received about the issue in recent weeks, and was very similar to the others. I pointed out that mine was based upon a template and his "Bus Access Area" has become a point of discussion on an online forum providing advice against unfair parking charges, and that he should expect more.

He told me that he too had aired some concerns and challenged Park Watch about the parking charges and the wording on them, but Park Watch had assured him that the wording was compliant with BPA CoP. I pointed out that the relevant legislation that regulates these charges is POFA 2012 and that it is concerned with parking and not supposed "moving traffic offences" on private land.

He did inform me that the signs either side of the entrance to the bus station are highways signs, erected by the council, but was able to confirm that the bus station is in fact private land owned by the Kingfisher Shopping Centre.

I explained the reason for my vehicle entering the bus station (to use one of their retailers.) He explained that the council had told the KSC that they needed to take more action against people driving in to the bus station. I explained that regardless of this I felt that a £60 or £100 charge is incredibly excessive. He said that the charge was so high because it was such a big problem and a health and safety issue. I pointed out that on this occasion it was 8pm on a Sunday evening, no buses were operating, and I'm led to believe that no pedestrians were present nor any other vehicles in the bus station.

I personally don't believe that the KSC will want to be associated in any way with any court action against people for this. I honestly believe that they aren't fully aware of the laws around private parking charges and how the industry works.

Another interesting point is that the bus station is effectively accessed from two sides. There is the side in the photo in the original post - this is entry only, with an exit only situated out of shot and to the left - the bus station is basically a U shape. On the opposite end however there is a dual entrance/exit which is served by a road called "Station Way" which is a public highway and is an actual bus lane where people can be issued with FPN's by the police for driving along. I was always of the belief that the bus station is part of this bus lane, until now. I will be making contact with the local authority today to ascertain exactly where the bus lane order covers, as if it covers the bus station too then I think this may pose an issue for Park Watch/KSC.

The_Deep · 22 February 2019 at 10:38AM

This surely is a matter in which you should get your MP involved.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Mahone1302 · 22 February 2019 at 4:06PM

Rang the highway department at Worcestershire County Council today to enquire in to the Traffic Regulation Order that covers the bus lane access and whether it covers the bus station too. They were unable to help me over the phone but have given me an email address to send my query to. Email sent.

Mahone1302 · 23 February 2019 at 11:33AM

SAR from DVLA came back today. Park Watch have listed their enquiring reason as "Breach of terms and conditions of a private car park" whereby their PCN to me says "Entered a Buses Only Access Area."

Interesting. &#55357;&#56900;

Park Watch PCN - Bus Area (Redditch)

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