Hi,

I parked in a loading bay for what felt like no more than 15 minutes and received a parking ticket.

See images attached.

I couldn't see any signs that clearly displayed the time allowed or the terms and conditions.

Is this legal?

Please let me know if you need any information and thank you CAG in advanced!

Just ignore until a Notice to Keeper arrives in the post.

Are you able to get some photos of the signage both at the entrance and around the area of private land?

So.. how do they know you overstayed if on the PCN they clearly state that you were not observed?

quite simply no breach occurred because thye say so on the ticket.

You now WAIT for the NTK and we will see what that says.

as there were no signs there then you werent offered a contract for parking anyway.

A loading bay isnt something that will be considered as a parking space so any parking there will be prohibitive and thsu not a n offer of terms.

Bit like me putting up a sign saying do not read thsi notice and claiming that you owe me £100 for doing so.

Well i cant offer you temrs without you reading them so you cant form a contract when the only way it can be created is to break it

Hi,

Apologies for not coming back to you sooner, I have been having trouble accessing my account.

I have attached the signage that is around the area.

Further to this, they have now sent the NTK, I have attached this also. This was sent to the leasing company and it is in the process of being forwarded to my self.

Appreciate the help and adivce you have already given, please could you advise further?

Many thanks,

J

Upload showing identifiable details.....you must redact any uploads.

Andy

Uploads - redacted.

well, they say you overstayed the time but dont offer any evidence that your vehicle was ever there, the POFA obliges them to send the photographic evidence with the NTK.

How big are the signs? the small print is small so if the sign is less than a certain size it wont count and if it is bigger than the same size they will need planning permission for it even if the placement really did have "deemed consent" ( it doesnt) so they are stuffed either way you look at it.

So with the supposed time for the breach there is no observed period, just a single time.

what I would do is write to them and demand they send you all the personal data they hold on you as a SAR under the GDPR  and see what they send. they have 20 working days to fulfil this request.

Now they will probably demand some proof of identity and this will then put them foul of the law because that would mean they hadnt shown due diligence before issuing the NTK as it contains enough info for them to identify you as the data subject and you can then clobber them for the breach of the GDPR.

In short, you are giving them the rope to hang themselves so dotn specify what data you are after at this point, the law has determined that car reg numbers are personal data as they identify you so even their collection by ANPR needs authority evenif they dotn do anything with it afterwards..

Thank you for your response! 

It sounds promising! Just to add a complication into this matter, the car is a company car and the letter is addressed to the company that it is leased from. The letter has been returned to them and it will now be address to myself / the company i work for.

What effect would this have on the GDPR request? Should I still go down this route?

Thanks again! 

J

Either way whoever is keeper or whatever, they have Your details so GDPR could well be way to go as per ericsbrother.

a company  doesnt have personal data so you cnat make a  SAR.

That means this approach will fail so dont bother with it. My advice is that you instruct the lease co to name you as the driver and that you take over from them any liability and ask them if they are still getting any correspondence. If they do get some in future because you arent paying up then that can be used against them by both you and the vehicle lease co ( they wont bother as it will cost them more thn it is worth)

Upload unapproved again Car make and registration still showing..

I've taken @ericsbrother advice and requested that I am named as the driver.

Just waiting to hear back from my work and the leasing company. I have reattached the images. I apologises for keep missing the regs, thanks for looking out for it!

I will notify you once i hear more from them.

See attached.

NTK2.pdfSignage2.pdf

Have they stated the time that your period of parking commenced? They issued the ticket at 11:28, but what other times have they stated in support of the charge?

Note they say if necessary they will provide photographs. NO, the POFA says they include them with the NTK. Problem is that many of the conditions that are express in the POFA get ignored by judges who fail to understand that they are not discretionary so you will have to lay it on with a trowel if it comes to it..