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Residential parking harassment

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stuff some silly bod on some other site/advise place that says operator pictures are covered by ANPR rules.


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Well, that's what I thought, but I was put in my place, and told it was legal . I was disappointed with the response as I had appealed on the grounds that their NTK was not compliant, for not issuing a NTD when it was possible to do so, (4 photos taken manually), applied to dvla immediately using ANPR time frame. I wanted to complain to DVLA that they did not have reasonable cause.

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I think EB will come in soon with some acidic response, don't think the FB crowd are correct.


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I think EB will come in soon with some acidic response, don't think the FB crowd are correct.

 

I agree, I don't think they are correct as well. Which is why I joined this group, as I didnt find his arguments convincing.

 

If the PPC have repeatedly and unlawfully applied for keeper details, then a complaint to the DVLA might make them back off.

 

To me, the law is grey, maybe the legal eagles might help me clarify it.

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You will find the members here have good knowledge and solutions for much PPC shenenigans, and see that the PPC usually shoots themselves in the foot more than once in almost every claim


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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To me, the law is grey

 

The legislation that enables private parking companies to claim for the recovery of unpaid parking charges is Sch. 4, Protection of Freedoms Act 2012. But it is very very rare for them to correctly comply with the conditions of the act - which is the grey area.

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As they don't usually comply, they leave themselves open for the keeper to have them for unlawful processing of their data.


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Thanks, that gives me some confidence to fight these [removed]. I received another last week, should I start my initial appeal to the PPC?

Edited by honeybee13
Pejorative word removed.

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nope. wait for further advice


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..

 

 

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you keep all of the paperwork safe and when you get matching NTK's a month after each you will ask the DVLA for the data on who obtained your keeper detaisl and when. If the dates dont match fot eh DVLA info and the NTK's then yu can go after them on the grounds they are sending out random demands without checking who the keeper is/was ( you might have sold the car and then bought it back again)

 

Let them waste their money and dont take any notice of facebook groups, the one I got booted off had ZERO experiance with court cases and made great claims for their successes at POPLA but this want supported by actual data.

 

You also need to read the wording of the POFA and you will see that para 9 doesnt say ANPR and nor does para 11. That is why I say the IPC membrs are using this wheeze to try and avoid losing a claim for keeper liability because of their own incompetence. The Act says they must provide the photograpic evidence but taht is not the same as actually creating photographic evidence or use of particular devices.

Edited by honeybee13
Paragraphs and typos

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Would someone give me some advice please. These tickets are continuing, all without a ticket on windscreen. Do I make a complaint to DVLA and BPA stating why they don't have reasonable cause?

 

Is there any info available anywhere that would help me understand how they can use the timeframes for a ANPR site, when no such equipment exists on site. Does a hand held manually operated camera, with an optical number recognition app, qualify as ANPR? and are they therefore in breach of the code of practice?

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Nope. Handheld device like that doesnt qualify at all. They might try and say they do, but they dont. Otherwise the person using it could go somewhere else, scan your car and say it was on the land.


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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Thanks renegadeimp. So can I now make a complaint to DVLA and BPA asking for sanctions to be applied for repeatedly requesting keeper details without reasonable cause?

The BPA code says

21.1 "You may use ANPR camera technology to manage and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for."

 

It's hardly consistent when sometimes they give out windscreen tickets and sometimes they don't. And there is no mention of ANPR technology being used on the signs.

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You are wasting your time writing to BPA. If they even think about sanctions the parking company will just switch over to IPC and carry on as before.

By all means complain to the DVLA but be prepared for a long struggle as they will delay and obfuscate til the cows come home. The ICO are better but you need to complain to the DVLA first.

You could also try the Surveillance Camera Commissioner [Ombudsma]. It has absolutely no teeth whatever but you could write to them asking for guidance and advice as to the legality of hand held cameras in car parks which you could then use to your advantage.

 

their address is 2 Marsham Street

1st Floor, Peel

London

SW1P 4DF

 

and their email is scc@sccommissioner.gsi.gov.uk

 

you could remind the Ombudsman that both the IPC and the BPA have agreed to comply with the regulations laid down by the Commissioner

[yeah right].

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Thanks lookingforinfo

I shall ask for some clarification from the camera ombudsman.

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