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    • Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. Apparently there is a max 3 hours limit which we were not aware of. This means taking kids to softplay and then having a meal on one of the restaurants will more than likely take you over the limit. Makes us wonder how they deal with people staying in the hotel as the ANPR seems to be in public street that leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
    • Thank you for posting their WS. If we start with the actual WS made by the director one would have doubts that they had even read PoFA let alone understood it. Point 10  we only have the word of the director that the contract has been extended. I should have had the corroboration of the Client. Point 12 The Judge HHJ Simkiss was not the usual Judge on motoring cases and his decisions on the necessity of contracts did not align with PoFA. In Schedule 4 [1[ it is quite clearly spelt out- “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a)the owner or occupier of the land; or (b authorised, under or  by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land; And the laughable piece of paper from the land owners cannot be described as a contract. I respectfully ask that the case be dismissed as there is no contract. WE do not even know what the parking regulations are which is really basic. It is respectfully asked that without a valid contract the case cannot continue. One would imagine that were there a valid contract it would have been produced.  So the contract that Bank has with the motorist must come from the landowner. Bank on their own cannot impose their own contract. How could a director of a parking company sign a Statement of Truth which included Point 11. Point 14. There is no offer of a contract at the entrance to the car park. Doubtful if it is even an offer to treat. The entrance sign sign does not comply with the IPC Code of Conduct nor is there any indication that ANPR cameras are in force. A major fault and breach of GDPR. Despite the lack of being offered a contract at the entrance [and how anyone could see what was offered by way of a contract in the car park is impossible owing to none of the signs in the WS being at all legible] payment was made for the car to park. A young person in the car made the payment. But before they did that, they helped an elderly lady to make her payment as she was having difficulty. After arranging payment for the lady the young lad made his payment right behind. Unfortunately he entered the old lady's number again rather than paying .for the car he was in. This can be confirmed by looking at the Allow List print out on page 25. The defendant's car arrived at 12.49 and at 12.51 and 12.52  there are two payments for the same vrm. This was also remarked on by the IPC adjudicator when the PCN was appealed.  So it is quite disgraceful that Bank have continued to pursue the Defendant knowing that it was a question of  entering the wrong vrm.  Point 21 The Defendant is not obliged to name the driver, they are only invited to do so under S9[2][e]. Also it is unreasonable to assume that the keeper is the driver. The Courts do not do that for good reason. The keeper in this case does not have a driving licence. Point 22. The Defendant DID make a further appeal which though it was also turned down their reply was very telling and should have led to the charge being dropped were the company not greedy and willing to pursue the Defendant regardless of the evidence they had in their own hands. Point 23 [111] it's a bit rich asking the Defendant to act justly and at proportionate cost while acting completely unjustly themselves and then adding an unlawful 70% on to the invoice. This  is despite PoFA S4[5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9[2][d].  Point 23 [1v] the Director can deny all he wants but the PCN does not comply with PoFA. S9 [2][a] states  (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; The PCN only quotes the ANPR arrival and departure times which obviously includes a fair amount of driving between the two cameras. Plus the driver and passengers are a mixture of disabled and aged persons who require more time than just a young fit single driver to exit the car and later re enter. So the ANPR times cannot be the same as the required parking period as stipulated in the ACT. Moreover in S9[2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; You will note that in the PCN the words in parentheses are not included but at the start of Section 9 the word "must" is included. As there are two faults in the PCN it follows that Bank cannot pursue the keeper . And as the driver does not have a driving licence their case must fail on that alone. And that is not even taking into consideration that the payment was made. Point 23 [v] your company is wrong a payment was made. very difficult to prove a cash payment two weeks later when the PCN arrives. However the evidence was in your print out for anyone to see had they actually done due diligence prior to writing to the DVLA. Indeed as the Defendant had paid there was no reasonable cause to have applied for the keeper details. Point 24 the Defendant did not breach the contract. The PCN claimed the Defendant failed to make a payment when they had made a payment.   I haven't finished yet but that is something to start with
    • You don't appeal to anyone. You haven't' received a demand from a statutory body like the council, the police or the courts. It's just a dodgy cowboy company trying it on. You simply don't pay.  In the vast majority of these cases the company deforest the Amazon with threats about how they are going to divert a drone from Ukraine and make it land on your home - but in the end they do nothing.
    • honestly you sound like you work the claimant yes affixed dont appeal to anyone no cant be “argued either way”  
    • Because of the tsunami of cases we are having for this scam site, over the weekend I had a look at MET cases we have here stretching back to June 2014.  Yes, ten years. MET have not once had the guts to put a case in front of a judge. In about 5% of cases they have issued court papers in the hope that the motorist will be terrified of going to court and will give in.  However, when the motorist defended, it was MET who bottled it.  Every time.
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first time, hello. supermarket security issue need advice please


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me my partner and 9 yr old son was in asda back in october 2012.

 

my son won a laser pen at the fair,

 

while we were in asda me and my son was shinning it on the walls and on the ceiling.

 

shortly after we were told by the security guard to stop shinning it or we had to leave the shop,

to which i replied yes ok mate and put the laser pen in my pocket and never used again.

 

still to this day 11/06/13 when shopping asda we are recognized every time upon entry then watched

and followed as we shop which is a very uncomfortable feeling for all three of us.

this also happens in five other big retail outlets now.

 

neither i or my partner or my 9yr old son have ever stolen anything or have any criminal convictions against us

but every time upon entry to these places were are made to feel like criminals

and have become very distressed over this matter,

much more so for my partner who is now 5 months pregnant.

 

a simple thing like shopping has become very stressfull indeed.

 

any helpfull advice will be much appreciated

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I think I would probably ask to have a quiet word with the store manager. Explain what happened, and explain that the security guard is treating you like a criminal since it happened.

Tell them that you won't let your child do that again, you are sorry and a regular customer. Tell them you don't want to take your custom elsewhere, but you feel that you are being driven to it.

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Do I understand correctly that you always get followed by security in five separate stores????

 

It sounds unlikely this would happen just because your son shone a laser pen at the ceiling in a single store almost a year ago. Is there anything else to the story?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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hello thanks for reply. had thought about doing that but we really don't feel comfortable going into the place anymore while this is going on. we have also now been advised to write a letter our local store manager and to the main branch explaining what has happend and wait for reply. gonna try that. thanks for taking the time to reply to this.

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Could be the same guard is being regularly moved around to different shops and he's telling the guards lies. You do get a fair amount of vindictive "guards" in the security industry. Most have a power complex, even though they know theres actually very little they can do.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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The reason I asked is because maybe all shopping centre shops would all share the same security firm and they would share information. But the same security company could be employed by the other shops. It would be helpful if you could find out who has the security contracts for these shops.

 

If the Asda security man has passed on your details to other shops that would be disgraceful.

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it certainly looks like they have done that as we are picked up soon as we walk into these supermarkets and in there smaller convenience shops, were made very aware that we are being watched every time.

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I know this might be a slightly off-the-wall idea, but do you have any friends who could chat to the security guards saying that they are thinking of getting a job in security and which company do they work for, are they any good, and so on. If you can find out that three or four work for the same group I think you have good grounds for a complaint to the head office.

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  • 1 month later...

hello, ref to my first post on supermarket security posted june 2013.

 

Have written to my local asda store manager but did not get a reply.

 

So i wrote to general manager at asda head office.

 

Got a answer message on my phone 14 days later saying

"I have spoken with your local store manager about the incident and he says that its all forgotten about

and all water under the bridge but if you would like to pop into your local branch

and have a word with the manager then that would be fine".

so that's what i did today.

 

Upon speaking to the manager i just wanted to make sure that everything was fine and that our profiles we were no longer on there database.

the manager then replied we do not have a database or any way of keeping profiles on record.

I then asked how we were getting recognised every time upon entry to the shop and other shops

and that none of this happend to us before the incident with the laser pen back in october last year, to which i got no reply.

 

Then i asked how or why our profiles got passed on to other shops, which has now reached every newsagents , garage, cafe pretty much every place we go into now,

the managers reply was that we might have got put on something called townwatch and the only thing i can suggest to try

and sort this out is by going to the police.

And that was that

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You "might have" been put on "something called townwatch". By Asda, I assume?

 

That is absolutely outrageous.

 

I do think though that you should speak to the police and ask them how this "townwatch" works. You can also ask what exactly Asda reported about your family under the Freedom of Information Act and I would certainly do that.

 

This is appalling.

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You "might have" been put on "something called townwatch". By Asda, I assume?

 

That is absolutely outrageous.

 

I do think though that you should speak to the police and ask them how this "townwatch" works. You can also ask what exactly Asda reported about your family under the Freedom of Information Act and I would certainly do that.

 

This is appalling.

 

Freedom of Information Act applies to public, not private bodies, and would be for "generic" rather than "personal / individually identifiable information" : do you mean an SAR under the Data Protection Act?

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With a townwatch scheme, the shops can put anyone they like under surveillance. It acts as a deterrent and keeps the shops relatively secure. Where i live in chester, they have a HUGE cooperative effort. All the shops collectively agreed to finance such a scheme themselves, and it became such a success, the police gave the shops a direct link to the local station.

 

Theres something like 800 people on their lists now and over a thousand people caught this year alone. (Not everyone who is 'caught' or 'interviewed' is placed on the list for some reason)

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Typical FOI request : "how many people do you hold information about" : so aggregated data which may be about a group of individuals but not asking about AN individual.

 

Typical SAR / DPA request " what information is held about me" : so about AN individual. This request can go to any data controller (private or public body)

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With a townwatch scheme, the shops can put anyone they like under surveillance. It acts as a deterrent and keeps the shops relatively secure. Where i live in chester, they have a HUGE cooperative effort. All the shops collectively agreed to finance such a scheme themselves, and it became such a success, the police gave the shops a direct link to the local station.

 

Theres something like 800 people on their lists now and over a thousand people caught this year alone. (Not everyone who is 'caught' or 'interviewed' is placed on the list for some reason)

 

I think this is awful. It's not the fact that they are watching people whom they consider dodgy, it's the fact that there is a secret list - and there are almost certainly some totally blameless people on it.

 

pgtipps was asked to stop his nine-year-old son playing with a laser pen which he did immediately. He certainly shouldn't be on a list of suspected criminals/troublemakers.

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It might seem awful but it ensures all shop management and security throughout the city are aware of suspicious people or actual shoplifters. They can then be apprehended when entering any shop or leaving.

 

Regarding the op, it seem apparent that it was a rogue security muppet that decided to take the law into their own hands

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think this is awful. It's not the fact that they are watching people whom they consider dodgy, it's the fact that there is a secret list - and there are almost certainly some totally blameless people on it.

 

pgtipps was asked to stop his nine-year-old son playing with a laser pen which he did immediately. He certainly shouldn't be on a list of suspected criminals/troublemakers.

 

There is (no doubt) a list, but is it a "secret" list.

 

"Existence of list not widely known, but not hidden, and registered under auspices of the DPA" isn't the same as "secret list", surely?

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There won't be an actual list.

 

When I worked in a large chain of shops we had a similar system whereby all the town centre security guards are connected via a radio and you could warn each other of dodgy looking characters or well known shoplifters. It worked very well and these systems are commonplace throughout the country.

 

It's unfortunate that the OP is now recognised but it was probably no more than word of mouth so a SAR would be a waste of money.

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Had a message left on my phone from the police saying that asda can take profiles and can distribute to other outlets and this is not a police matter and i should go back and speak to asda again.

 

 

Why would it be a Police matter?

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That was the advice i was given by the store manager. when he said that we might have been put on this townwatch thing i then asked how do i go about getting us taken off this thing or getting our profiles stopped from being passed on to other retail outlets.

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