Your parking ticket may be unlawful

[Fletch]

HERE'S ANOTHER TWIST TO A FAMILIAR TOPIC.

I received a liability for payment notice from a private company operating CCTV cameras in a private car park. No PCN was issued on the day. The CCTV shows me entering and leaving, allegedly in contravention of time allowed.

The Private Company obtained my Vehicle Registration details from DVLA on payment of £2.50. Their notices state they operate in accordance with DVLA Code of Practice for private car park enforcement. That same Code of Practice at point 3.2 states:

“Notices giving full details of the parking contravention and the proposed course of action to be taken by the enforcer should be placed in a prominent position on the ‘offending’ vehicle without causing it damage. Vehicle keepers should be made aware that their name and address will be requested from the DVLA”.

The company, Athena ANPR Ltd yesterday sent me a "Notice of County Court Claim." This is no more than a threatening red letter but enclosed was an N1 form (available from the County Court website) which seems to infer that a claim has been submitted to the Court. The claim form is not signed, has not been stamped by the Court and in fact no name of any court appears on the form. They are demanding £170-00 inclusive of court costs (which have not even been incurred.) This, of course, is a very severe abuse. Is there any legislation anyone is aware of covering these specific circumstances?

[Howard0181]

Thats nasty. Perhaps the Harrassment Act.

 

You could phone your local county court and explain the situation amd as them what can be done.

 

As they have threatened Court you could serve them with whats known as a "Calderbank Offer". Your letter is marked "without prejudice save as to costs". You could write to the company and offer to settle the dispute on the basis that they drop the case against you within 14 days. The offer will also advise them that after 14 days your offer will remain open but only on the basis that they agree to pay your costs to be taxed if not agreed).

 

If you like that idea I can draft a letter for you.

 

It might get them worried!!

[dw190]

HERE'S ANOTHER TWIST TO A FAMILIAR TOPIC.

I received a liability for payment notice from a private company operating CCTV cameras in a private car park. No PCN was issued on the day. The CCTV shows me entering and leaving, allegedly in contravention of time allowed.

The Private Company obtained my Vehicle Registration details from DVLA on payment of £2.50. Their notices state they operate in accordance with DVLA Code of Practice for private car park enforcement. That same Code of Practice at point 3.2 states:

“Notices giving full details of the parking contravention and the proposed course of action to be taken by the enforcer should be placed in a prominent position on the ‘offending’ vehicle without causing it damage. Vehicle keepers should be made aware that their name and address will be requested from the DVLA”.

The company, Athena ANPR Ltd yesterday sent me a "Notice of County Court Claim." This is no more than a threatening red letter but enclosed was an N1 form (available from the County Court website) which seems to infer that a claim has been submitted to the Court. The claim form is not signed, has not been stamped by the Court and in fact no name of any court appears on the form. They are demanding £170-00 inclusive of court costs (which have not even been incurred.) This, of course, is a very severe abuse. Is there any legislation anyone is aware of covering these specific circumstances?

 

Unless the form has a seal of the Court it remains a piece of paper.

 

Have a look here: http://www.consumeractiongroup.co.uk/forum/post-666494.html

[Zamzara]

This, of course, is a very severe abuse. Is there any legislation anyone is aware of covering these specific circumstances?

 

With regard to the non-incurred court fee: deception offences.

[joneshousehold]

This is surely just a debt collection matter because that is exactly what they are trying to do. If that is the case have a look at the OFT paper on debt collection, they specifically mention the issue of documents that purport to be issued by a court.

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf

page 7

And also check if they hold a credit licence. I am not sure if they need to but it may be worth a chat with OFT and Trading Standards

[patdavies]

With regard to the non-incurred court fee: deception offences.

 

I don't think that there is an offence of deception any more; it all comes under the Fraud Act.

[stevokenevo]

Hi, hope someone can help with this one, I had to take my pregnant girlfriend to her doctor this afternoon for an emergency appointment.

The doctors surgery is located in an area where the only parking available is a council carpark. The car park is accesed by a ticketed barrier system.

In front of the car park is a disabled parking area, with around 20 spaces.

I knew i hadn't grabbed my wallet leaving the house and had no money to pay for the car park, so parked in a bay reserved for blue badge holders.

20 minutes later we emerged (after being told to go straight to the hospital) to find a ticket on the car.

I have read the first few pages of this thread, and the ticket appears to be in order. I shall add the details below and would be grateful for any advice on how to get out of it if possible.

 

Road Traffic Act 1991(as amended)

penalty charge notice No: SL*******

 

Date of Notice :26/03/2007

Date of Contravention : 26/03/2007

 

Time contravention occured : 13:32

 

the vehicle with registration Number : **** ***

make : Ford Colour: Silver

 

was observed in : ****** Street (Disabled) car park East Kilbride

By Parking Attendant :52

 

Who had reasonable cause to believe that a penalty charge is payable with respect to the above mentioned vehicle on the grounds that the following parking contravention occured:

Parked in a disabled persons parking space without clearly displaying a valid disabled persons badge.

 

The penalty charge of £60 must be paid before the end of the 28 days beginning with date of the notice. The penalty charge will be reduced by 50%, to £30, if paid before the end of the period of 14 days beginning with the date of the notice.

 

Signature

 

See overleaf for payment details, Do not pay the parking attendant, All payment must be made in Sterling.

Then there is the payment slip below which i know is not part of the PCN

[JonCris]

Hi I think on the face of it you will have to throw yourself on the mercy of the council. Get a letter from the doctor & if possible the hospital & ask the council under the circumstances to waive the charge

[stevokenevo]

Ok thanks, it will be worth a go

[Filthy Monkey]

I had a similar situation once when I had a dental appointment which ran over, due to complications having a tooth pulled. I wrote a letter to the council and they cancelled it. Good luck...

[joneshousehold]

Stevokenevo - hope girlfriend and baby are OK

[stevokenevo]

Stevokenevo - hope girlfriend and baby are OK

 

They are fine now, thanks very much though, she has some kind of pelvic dysfunction were the bones are rubbing together, very uncomfortable for her but not much they can do about it.

[martpaul]

Hi all,

wondering if you could help with this, im confused on the code!

ive been down and filmed the road, as i was bored while picking up my girlfriend, i was droping her off at the time the ticket was issued and we took her stuff to her flat came back ten minutes later and i had a ticket.

 

Ticket is:

 

and the video of the street it was issued on is here:

 

 

thanks in advance martin

[Guest xipetotec46]

TW's can stop a vehicle & they can also demand ID. Parking Attendants cannot

 

TW's cannot stop a vehicle they are Traffic Wardens not policemen only a policeman/woman has the authority to stop a vehicle this is why they use to Police to stop you to ask if you wish to take part in a survey, or have your car checked for red diesel by customs who cannot stop a vehicle either.

[Guest xipetotec46]

i was droping her off at the time the ticket was issued and we took her stuff to her flat came back ten minutes later and i had a ticket.

 

Issued by a cop or a warden not much you can do unless you want to contest it in court, I would pay it and forget it.. if it was a PCN then it would be diff. also the code M1 is waiting in a restricted street, restricted from parking from.... to.... it is an offence to do it, send the video to the council tell them to make good the lines and tarmac and give it a clean while they are at it, it is disgraceful, I wouldn't park my 20 year old Skoda in that street.

[patdavies]

TW's cannot stop a vehicle they are Traffic Wardens not policemen only a policeman/woman has the authority to stop a vehicle this is why they use to Police to stop you to ask if you wish to take part in a survey, or have your car checked for red diesel by customs who cannot stop a vehicle either.

 

TWs may stop a vehicle, as they also have a traffic control function if authorised by the Chief Officer of Police. A TW can be put on point duty!

 

They have no further power, they cannot demand ID, documents or search

[patdavies]

Issued by a cop or a warden not much you can do unless you want to contest it in court, I would pay it and forget it.. if it was a PCN then it would be diff. also the code M1 is waiting in a restricted street, restricted from parking from.... to.... it is an offence to do it, send the video to the council tell them to make good the lines and tarmac and give it a clean while they are at it, it is disgraceful, I wouldn't park my 20 year old Skoda in that street.

 

Au contraire mon ami...

 

If the lines and signs are in any way defective, then take the option of contesting in Court. Once summonsed, plead not guilty and quote the case of Davis v Heatley to them - which is binding on the Court

[Fletch]

TW's can only stop vehicles when engaged in the process of regulating traffic. There is no power to stop a vehicle to issue a ticket!

[Fletch]

This is surely just a debt collection matter because that is exactly what they are trying to do. If that is the case have a look at the OFT paper on debt collection, they specifically mention the issue of documents that purport to be issued by a court.

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf

page 7

And also check if they hold a credit licence. I am not sure if they need to but it may be worth a chat with OFT and Trading Standards

How do i find out if they've got a credit license?

[joneshousehold]

Try asking OFT, if they don't deal with it they may know who does.

[RS949666b]

VRM is Vehicle Registration Mark! Think that is allowed

[beetlejuice]

Hi All,

 

Have tried " Your Lines are defecticve...."but was refused should I go to court to contest?

 

I have phot but not sure how to link...?Anyone?/

 

BJ

[patdavies]

TW's can only stop vehicles when engaged in the process of regulating traffic. There is no power to stop a vehicle to issue a ticket!

 

Obviously, as a moving vehicle cannot by definition be committing a parking offence:-D

[Fletch]

Release of Information,

Fee Paying Enquiries Section,

DVLA,

Swansea

SA99 1AJ.

 

Dear Sir or Madam:

 

Re Athena ANPR Ltd, Private Parking Contractor.

 

I am the Keeper of a silver Renault Scenic XXX XXX. The vehicle is registered at the above address.

I have recently received notification of a parking charge in respect of an alleged parking contravention on private land in Croydon on 20/2/07. I understand the land in question is jointly owned by Lidl and Fitness First. I have been contacted by a company called Athena ANPR Ltd of PO Box 420, Hounslow, TW3 9EL who claim to be pursuing costs in respect of the alleged ‘contravention.’

 

I understand my vehicle registration details have been obtained by Athena from DVLA under Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 which stipulates that persons/organisations requiring such details must demonstrate reasonable cause.’

 

The correspondence I have received from Athena states that they are “Operating in accordance with DVLA Code of Practice for private car enforcement.”

 

I do not have a copy of the DVLA Code of Practice and would be grateful if you could supply me with one. However, I am led to understand that point 3.2 of the code states:

“Notices giving full details of the parking contravention and the proposed course of action to be taken by the enforcer should be placed in a prominent position on the ‘offending’ vehicle without causing it damage. Vehicle keepers should be made aware that their name and address will be requested from the DVLA”.

 

 

On the date in question my vehicle was not issued with any form of parking ticket or notice. Athena has sought to rely on CCTV evidence to prove a parking contravention. They do not state if any legally enforceable off-road parking restrictions apply. The ‘contravention’ is in any case disputed.

Please can you inform me if Athena are acting within the terms agreed by the Code of Practice and whether they have supplied you with sufficient information to establish ‘reasonable cause.’ I realise that ‘reasonable cause’ is not defined in the Act but one would presume that this requires some positive demonstration of proof on the part of the person requesting the information, (Proof that they are acting on behalf of the landowner, an outline of facts, a declaration that the information will not be misused etc) and not just an automatic presumption on the part of DVLA that the information should be furnished on receipt of £2.50.

 

The company, Athena ANPR Ltd, yesterday sent me a "Notice of County Court Claim." This is no more than a threatening red letter but enclosed was an N1 form (Appendix 2- available from the County Court website) which seems to infer that a claim has been submitted to the Court. The claim form is not signed, has not been stamped by the Court and in fact no name of any court appears on the form. They are demanding £170-00 inclusive of court costs (which have not even been incurred.) This, of course, is a very severe abuse.

 

The Office Of Fair Trading: Debt Collection Guidance dated July 2003 (updated December 2006) states that the use of official looking documents intended or likely to mislead debtors as to their status, for example, documents made to resemble court claims is an unfair business practice

 

My submission to you is that Athena’s request cannot constitute ‘reasonable cause’: They have failed to demonstrate that any regulations are in force, that they are acting on behalf of the landowner, that they have operated in accordance with DVLA Code of Practice for private car enforcement by placing a notice on the vehicle. They have not, it seems, issued such a claim notification in respect of any trespass. You will be aware that any claim for trespass can only be made against the driver and not the keeper of the vehicle? They have followed bullying letters with a grossly misleading quasi-judicial N1 claim-form document which is designed to ‘con’ the individual into thinking a claim has already been put before the court. I am appalled that DVLA policies allow this cowboy company to access highly sensitive and personal data.

 

I understand that The Agency may carry out audits of the enquirer's internal control systems - so far as they relate to DVLA enquiries - to ensure that they comply with best practice. As my Parking Charge Notice is numbered 0 000 030 524 I am to assume that 30, 524 previous notices have been issued in similar circumstances to other keepers of vehicles. If keepers’ details have been sought in every case this represents £ 75,135 additional revenue to the Agency. If every keeper has paid the initial fine of £45 this represents a total of £1,373, 580 which may have been obtained for Athena under such circumstances.

 

Could you please furnish me with the following under Data Protection and Freedom of Information Act legislation :-

A copy of the V888/3 submitted in respect of my vehicle.

A copy of any written authority supplied to DVLA in respect of actions taken on behalf of Lidl and Fitness First.

The number of V888/3’s submitted by Athena in 2006/7.

The number of V888/3’s authorised.

The value of V888 forms in 2006/7 to DVLA.

 

 

Sincerely,

Fletch1962

[beetlejuice]

Wicked letter - kick Ass - Good luck I watch with baited breath.

 

BJ