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parked in a vinci parks multi storey free car park in brighton in a parent and toddler bay.i had a baby seat in the back of my car but no baby as had dropped the mother and child of at asda opposite before I parked.when I returned to my car within the time allowed blam there was a parking charge notice on my screen..i spoke to a security fellow lurking around who told me that cctv must have seen me get out without a child,so then the ticket was given.

any advice here appreciated as obviously I was parked without a child and they may have cctv footage.

 

 

should I appeal or ignore or pay the £35?

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Did a child get in when you left?

 

Besides parent and child bays are a courtesy, by you parking in one caused them no loss, appeal to them if rejected, get a POPLA code and win at POPLA appeal.

 

Vinci are not litigious but its better to deal with it unless you want a few months of letters coming through your door.

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They have no chance what so ever if they tried to fight this. They cannot enforce something like that, neither can they claim they suffered loss for that either, especially as it's a free car park!

 

As above, send them an appeal which will be rejected. Then send them a request for the POPLA code (if they didn't include one). This will cost the parking company £32 so they may just drop it there. If they send you one, appeal to POPLA, and the charge will be dropped there instead.

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I once had a "debate" with a Sainsburys employee (trolley collector) in one of their car parks about a similar thing.... the car park didn't have one of these enforcement companies. I parked in a Parent / Child space to nip to the cashpoint next to the space (all the spaces were empty so I didn't deprive anyone of using one!!), got out my car and the Trolley guy pointed out I had parked in a Parent / Child space, but I had no child with me and could I please move and park elsewhere - I pointed out that the sign didn't actually say I had to have the child with me at the particular time in order to park there.

 

Also once parked in a Co-Op car park and went to the shop next door, when I came back to the car with goods from another shop, a Co-Op employee on a ciggie break said I can't park there as the sign clearly states it's "parking for Co-Op Patrons only"; I pointed out that I am a patron, or customer, of the Co-Op, just not today, and the sign doesn't state I have to shop there at that moment.

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Parent and child bays are incorrectly titled as I,am a parent and I have a child, OK she is 26 but she is still my child! Also what happens if the child is not yours, and your not a parent?

 

Also as the most exercise some children get is walking to and from a car they should be at the furthest point of the car park.:roll:

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all interesting points thanks.

will the charge go up if I appeal withing the 14 days?

 

 

and incidentally I had a 15 year old with me who got out of the car with me essmeroldo thanks for that enlightenment.

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interesting points,

and essmoroldo thanks for the enlightenment as I did have a 15 year old child with me even though no baby!!so cctv would have seen the 15 year old

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Always raise the question of loss in all appeals including POPLA

Request information as to how the amount demanded was calculated as any charge of this nature must be GENUINE PRE ESTIMATE OF LOSS. This is a vey strong point when appealing to POPLA.

 

If you need further detail visit the Parking Pranksters website

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An interesting position on the part of Vinci. Do they have the authorisation to use their CCTV for this purpose and even if they do can it be used as evidence for a supposed breach of contract. I dont recall reading 5that looking for breaches of contract as one of the listed uses with ther ICO. Someone else may know better

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I emailed them yesterday with my appeal as advised on the parking notice and did mention the pre estimate of loss.also should I appeal by letter.

and ericsbrother that's another point can they even use the cctv footage as evidence as this is the way they verified that I did not have a baby with me before they issued the ticket on my windscreen.but how was they certain I would not return with a child.and how can they be certain that the other person with me in this case a child of 15 who may look even younger on the cctv was not the child with me the parent.

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No, that would be improper use of the CCTV unless they have lodged spying on babies as a reason for holding data with the ICO.

By contacting them by email have you identified yourself as driver of the vehicle or did you say as keeper of the vehicle you are appealing?

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No, that would be improper use of the CCTV unless they have lodged spying on babies as a reason for holding data with the ICO.

By contacting them by email have you identified yourself as driver of the vehicle or did you say as keeper of the vehicle you are appealing?

 

 

ericsbrother I identified myself as driver of vehicle as did not say

(as keeper of the vehicle)so I suppose that now I have identified myself can that be a problem?i did not give my address also a security guy saw me at the carpark on my departure,he was also probably the one issuing the ticket.and I doubt he could tell by looking if the child I was with was over 12 y/o which most private car parks I believe state in their rules is regarded as a child!

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I would wager any CCTV would be the retailers not Vinci's and that the evidence they have will be the ticket issuer seeing you, not any CCTV. If the CCTV is not Vinci,s they wont have a chance in hell of using it for any purpose.

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Your emailing It gives then 2 bites of the PoFA cherry so you will have to win your POPLA appeal. In the meanwhile look up their registration with the ICO and see what they say their purposes of processing personal data is. If they dont have the correct reasons then they cant use the data for another purpose so if not listed for parent and baby monitoring I would suggest that you make a comlpaint to the landowner and tell them they are allowing their parking managers to break the law and you will take the matter as far as you can.

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Your emailing It gives then 2 bites of the PoFA cherry so you will have to win your POPLA appeal. In the meanwhile look up their registration with the ICO and see what they say their purposes of processing personal data is. If they dont have the correct reasons then they cant use the data for another purpose so if not listed for parent and baby monitoring I would suggest that you make a comlpaint to the landowner and tell them they are allowing their parking managers to break the law and you will take the matter as far as you can.

 

 

regarding the cctv and ICO I will do that.

as the security snooperwho denied he issued the ticket/invoice told me in his own words that the cctv must have identified the abcence of a child.he obviously come out of his hole to identify if the child I was with was above the age they consider being a child.how he can do that without seeing ID is amazing.

 

 

I advised in my email that I did not breach any of their rules and went on to asked why a invoice was left on car windscreen.and also asked them to explain how the feel they have run at a loss and to send me a true pre estimate of loss.and asked them at what age in their rules does a child stop being a child.

i did not leave my name or address on the email I simply identified myself by giving them the parking notice ticket/invoice number.i doubt that they would have dropped the charge at their end and just assumed I would have to appeal to popla when I received the notice to keeper.

 

 

the parking prankster website has been a great help and is very enlightening.as even popla seems to be on the private parking invoice issuers side as they know that they breach their rules but seem to just brush it under the mat.

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Yup, they decide on the matter of GPEOL in all caseswhere it is raised, avoiding the messy bit about unlawful action by the PPC's. If they decised on that then everyone could sue the PPC's and that would be embarassing at least.

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Yup, they decide on the matter of GPEOL in all caseswhere it is raised, avoiding the messy bit about unlawful action by the PPC's. If they decised on that then everyone could sue the PPC's and that would be embarassing at least.

 

 

yes I realise that now you have explained.i got a email from vinci yesterday to say that they be in contact within 14 days.

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Interesting, I will be very interested to know the POPLA code as I bet that they will have used more than half of the time you have to appeal to POPLA. That will be worth a complaint to POPLA and the BPA in itself. the alternative is that they let you off "this time". insinuating that there is substance to their claims.

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  • 1 month later...
Long may it be so. If you do get anything now a foff letter rather than any lengthy correspondence is all you need.

 

Hahaha i like that..and will take great pleasure in doing just that to.

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