Jump to content

 

BankFodder BankFodder


JackD13

ES Parking Enforcement, Spinningfields Estate Manchester, Over stayed time allowed of 15 minutes

style="text-align:center;"> Please note that this topic has not had any new posts for the last 418 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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!

 

 

 

Edited by BankFodder
Personal details on view in attachment

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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


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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

 

 

Share this post


Link to post
Share on other sites

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

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Uploads - redacted.

 

 

Share this post


Link to post
Share on other sites

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..

Share this post


Link to post
Share on other sites

 

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

Share this post


Link to post
Share on other sites

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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!

Share this post


Link to post
Share on other sites

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)

Share this post


Link to post
Share on other sites

Upload unapproved again Car make and registration still showing..


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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..

Edited by ericsbrother

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...