Thieving B’stard Car Park Operators

[buzyg]

Do you have a tracker on your phone. That will show where you where, if not the car. I'm assuming you don't have one on your Zed.

No tracker on the car. Don’t think I have a tracker on the phone, that said, it is an iPhone so it has find my phone app can that be accessed historically?

Alas I know nothing about iPhones, but I would expect it can if it;s anything like Android. My wife's phone always knows where she has been. I tend to only switch on tracking on my phone when I'm walking on the moors. Hopefully there is some snooping software on yours, that has been tracking you that you can access the data for.

 

[Nanu]

Don’t engage any further with the parking company, deal with POPLA which takes it all out of their hands and also freezes any time limits re payments and demands.

The debt is a charge not a fine and can only be issued by a person or body who has a proprietary interest (ownership) of the land. What they are charging you for is basically trespass. The parking company will not have any ownership of the land so cannot lawfully issue a charging notice. You will find this all on the website suggested. There have been a couple of cases where a judge has misread this and found in favour of the parking firm but these are rare. Challenge them via POPLA and you will win.

Thanks Nanu, again sound advice. I had a quick read of the POPLA site and it refers to evidence packs. Will I need to get “statements” from my “witnesses” as part of my case to them (I’ve just been watching The Bill ) or would that come later if we actually enter a court case?

Any evidence you have is good but in your case I suspect your statement of events would suffice as POPLA would ask the same of the parking company who would have to show that you actually parked there. As part of your evidence would be the fact that you left a few moments after entering and were only dropping off, they would have to prove otherwise (CCTV exit time) which would actually prove your case for you. Make sure you include that in your appeal and you should be fine. Suspect they won't even respond to POPLA and they will just grant your appeal as a result

 

[Big Bad Boris]

That’s my problem, there are obviously 4 photos of my car that day, the notice they sent to me has a photo of my arriving at 12.32 and leaving at 16.11…. they have chosen to ignore the camera shots of me leaving probably at 12.33 and of my entering again probably also at 16.11.

At present the only “proof” appears to be the photos on the charge notice, my defence is merely truth and reality. I am utilising the website you suggested and some good advice is coming in, seems I should appeal to POPLA but should provide written statements from my daughter, her friend and my wife testifying I left the car park and was at home with the car etc. a lot of hassle and work to dispel a bogus claim.

 

[MikeyH]

Yes happened to me, dropped my daughter off at Lancaster Uni, stayed overnight at a hotel. Filled in the computer form to say I was a guest. But later got the fine with photos. Hadn’t pushed the correct button or what ever, £60.00 fine. Wife fought and showed receipt showing I had stayed over night. But very hard to get through at lots of blank walls. Government needs to outlaw these robbing cowboys. Won’t be staying there again.

 

[Big Bad Boris]

Interesting this thread popped back up at this point. So did my research, went in the parking sites kindly recommended to me etc, gathered some advice and information. I then spent a deal of time putting together some eyewitness statements with my wife, daughter and her friend, then more time filling out the appeal on the POPLA site, this included faffing around scanning hard copies of signed statements etc etc.

I should mention that in the meantime I had received a “final notice” from the parking co, telling me I had now to pay £100 or they might outsource to a debt collecting agency ( I resisted the temptation to phone them to tell the, to f**k off).

Once submitted POPLA advise they then contact Britannia Parking for them to provide their counter evidence, POPLA then make their decision. The. Yesterday I receive this email….

“Thank you for submitting your parking charge appeal to POPLA

An appeal has been opened with the reference 6012371115.

Britannia Parking Group - EW have told us they do not wish to contest the appeal. This means that your appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team”

Very annoying (yes I am being polite) that there appears to be no comeback on the parking crooks, who let’s face it were pretty much trying to obtain money through fraud. They also obtained my details from the DVLA without due cause as no offence had been committed, a clear breach of data protection rules.

 

[Pondrew]

They also obtained my details from the DVLA without due cause as no offence had been committed, a clear breach of data protection rules.

Good result, even if you had to fight hard.
I heard somewhere that the Government are the biggest sellers of personal data in the Country. "You want it? We've got it. How much you willing to pay?"

 

[ronk]

Bandits !

The DVLA seem to dish out personal info to anyone.- Apparently they willingly supply our info to European agencies should we be caught speeding but it doesn’t work the other way around I’m told.

 

[BMWZ4MC]

Very annoying (yes I am being polite) that there appears to be no comeback on the parking crooks, who let’s face it were pretty much trying to obtain money through fraud. They also obtained my details from the DVLA without due cause as no offence had been committed, a clear breach of data protection rules.

Can you raise a complaint with the DVLA for failing to protect your data. It’s possible that there would be a legal case to answer - the Data Protection Act is fairly powerful.

 

[pvr]

They are allowed to sell the data for specific reasons, and the government amended the law to include parking companies as a valid reason.

 

[BMWZ4MC]

That’s very disappointing!

 

[Pondrew]

That’s very disappointing!

Pretty much sums up the UK Government. Other, stronger words are available.

 

[Nanu]

Yes the parking company can access your info held at the DVLA for a small fee however, there must be a legitimate reason for them to be able to do this and they would have had to submit a reason when applying for your data.

In your case they knew prior to requesting your data that no offence had been committed as they had access to you leaving the car park and returning later. In this case you could make a complaint to the Information Commissioner Office. The link with all the info you need is here,
https://ico.org.uk/your-data-matters/data-protection-and-journalism/taking-your-case-to-court-and-claiming-compensation/

 

[Big Bad Boris]

Thanks Nanu, I will use that the register a complaint. Anything I can do to cause Britannia Parking any kind of grief works for me

 

[Ole gits rule]

I hate parking companies and would defo send a complaint - the only saving grace is they did not fight but they should never have got this far, they rely on people just stumping up the cash.

Can they sell the debt on as I am nit certain it is a debt as they don't really have any legal standing or am I mistaken

 

[Big Bad Boris]

No they can’t sell the debt on, certainly not until they get a court judgement against you. After that I am not sure about the whole debt collector angle.

 

[r2uzenblot]

Great result but the scourge of these robbers has no limits. I changed cars and parked up a few months ago and paid for parking but accidentally put in my old car reg. received a PCN and having consulted various oracles was stuffed. Yes I could have fought it but case law is that it isd the contract for the car you enter and not you...........

 

[Nanu]

I would have fought it via the POPLA. It costs nothing, all the template letters are available online and whilst it's been considered payment is put on hold. A reasonable mistake which on most occasions POPLA take into consideration. I suspect the parking company would not have even disputed it as it's not worth their while.