Hello CAG members

I wonder whether anyone could help?

I recently received a parking charge notice from G24 that refers to a date roughly three weeks into May for the car park outside B&M Stores in Falkirk (Scotland), with an issue date a week after.

The car park is free but timed seemingly to 2 hours and in this case a 20 minute overstay has been flagged.

I haven't as yet responded.

Although I own the car, the driver, a gentle and vulnerable person who pays their taxes and wouldn't bother a fly, could easily have picked this letter up before I did, which really bothers me. And as I'm dealing at the moment with same person being bullied in bereavement by the BBC licensing people, I'm really not a happy bunny right now.

Unfortunately the forum won't let me post the notice as an attachment or link.

It's exactly the same one in format and text

https://www.consumeractiongroup.co.uk/forum/showthread.php?478877-CPCN-Meadow-Street-retail-park-falkirk-Scotland

Here's the text as near as I can get it:

On the rear they refer to an appeals procedure using the Independent Appeals Service and an Alternative Dispute Resolution scheme, and say, "If you appeal this charge then you will lose the ability to pay at the reduced rate."

Then further down it says:

GDPR

Please note that we have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this unpaid charge...in accordance with the Road Vehicles (Registration and Licensing) Regulations 2002.

I'm not very familiar with law stuff so obviously I'll be having a search around the forum but my initial questions for now are:

- Is this really enforceable?

- As of 2018, do they really have the right to get my details from the DVLA?

Thanks a lot for your help.

BD.

1st it is not a fine

Please tell me where anything they have sent you states that word

2nd you are in scotland there is no such thing as trespass

And pofa does not apply..you totally ignore them...

There nothing they can do to you ...do not reply

Please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

Thanks dx100uk for replying so quickly. No you're right it doesn't say 'fine', and I haven't responded.

Uploaded scan as well as a response to the NTK form you linked to. If there's a better format let me know.

post your reply to the link in post 2 here as text please

simply copy and paste to a new msg box

post your NTK as a pdf only

read upload

For tickets received through the post (Notice to Keeper):

1 Date of the infringement

21 May 2018

2 Date on the NTK

26 May 2018

3 Date received

1 Jun 2018

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?

No

5 Is there any photographic evidence of the event?

Yes

6 Have you appealed?

No

Have you had a response?

n/a

7 Who is the parking company?

G24

8 Where exactly [carpark name and town]

Meadow Street Retail Park, Falkirk, FK1 1RP

For either option, does it say which appeals body they operate under. There are two official bodies, the BPA and the IAS

IAS

If you have received any other correspondence, please mention it here

None

ntk_2.pdf

Hi.

You've obscured how long the car was parked for. Can you tell us please? And can you upload the photo/s?

HB

Hi HB,

Permitted free parking (minutes): 120

Your Parking Period (minutes): 146

I'd prefer not to identify the car on a public forum

Thanks,

BD

Do you mean on the photo? It should be OK if you obscure the registration.

HB

OK, I'll try. But can I ask why you need the photos?

Thanks BD

Usually the guys like to see the photos the parking company send because often they don't prove the 'offence' for them.

HB

OK thanks.

ntk_5.pdf

Surely if this is Scotland, there is no Keeper Liabiliy,

Scotland opted out of the Protection of Freedoms Act 2012, which introduced keeper liability in England and Wales. ... Since the 2012 Act does not apply in Scotland, the registered keeper of a vehicle cannot be held liable for unpaid parking charges.8 Dec 2017

What do you reckon folks, if correct nice claim for unlawful data processin especially now GDPR is in.

Hi and welcome to CAG

I have just looked on Street View and I cannot zoom into the signs to be able to read them so this means another visit to B&M and get close up pictures of the signs and include the one at the entrance.

As this car park is purely for the use of B&M customers, I would be complaining to B&M.

As PoFA doesn't apply in Scotland, G24 can only go after the driver so it's not in your interest to name the driver. What they may try is going after the keeper on the assumption that you were the driver and you don't have to enlighten them to that fact.

As for appealing. G24 are members of the IPC who don't give a stuff about you. They are a 'boys club' where there only function is to look after their members, not you. The IAS is also biased in favour of G24, soit will do you no good appealing one iota.

The ONLY time to react is if you receive a Letter Before Action/Claim. That is the time to take action.

 

What do you reckon folks, if correct nice claim for unlawful data processin especially now GDPR is in.

This will need to be tested. This is the first case I have seen where GDPR has been mentioned when getting keeper details. A letter to the DVLA may be in order to ascertain their opinion. I bet when G24 went online to get the data, they wouldn't have mentioned Scotland

The ICO are the peopel to complain to as the DVLA is already in an awkward spot over the unfettered access they give to private parking co's.

Yes, you can sue the parking co and will win if you use the right case law as precedent but that wont stop the parking co's from trying it on wit th next person.

Again, my advice is to let them waste their money until the last and then sue them if you are mionded to but get the complaint into the ICO first. Remember that they have no reasonable cause to ask for your details in Scotland, a belief that the driver is the keeper isnt good enough so dont be puit off. The DVLA would respond in that manner so no point going there.

Of course they wouldn't they know they are in the wrong.but are too greedy to understand consequences.

Interesting replies, thanks all.

Will digest this, won't do anything with G24 just now but will have a read around the ICO and might consider an exploratory letter to DVLA

Just a point GPDR came into play on 25 May, your letter straddles the date, so they may have got your info before 25th from DVLA

wont matter, the law is already decided on that point.

Just a point GPDR came into play on 25 May, your letter straddles the date, so they may have got your info before 25th from DVLA

No kkeeper liability in Scotland, so they have fallen at first hurdle.

other way round, you complain to the ICO that the DVLA is giving away yoru details withot good reason as they havent bothered to ask the company any questions about the event and whether it fits in with reasobable cause. The DVLA will pass the buck because they know that they dotn check on the parking co's and rely on them telling the truth all of the time and we know that tell ies almost 99% of the time if you take planning law and their illegal sigane into that equation.

Interesting replies, thanks all.

Will digest this, won't do anything with G24 just now but will have a read around the ICO and might consider an exploratory letter to DVLA