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Parking Eye - zero planning permission - Belvoir Retail and Leisure Quarter. 46-48 High Street. Coalville LE67 3EF


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In the small town where I live Parking Eye have taken over the running of one of our car parks and use ANPR cameras to record entering and leaving times. We are allowed two hours free parking before charges start.

 

Since this started quite a few people have been receiving parking charge notices and it is obvious that these are cases of 'double dipping' but unless the motorist can supply proof that he/she did not leave their car parked in the car park overnight then PE are rejecting appeals.

 

Thankfully I haven't yet received  a ticket myself but as a Parish Councillor I approached a local District Councillor to ask if PE had planning permission for the cameras as I was unable to find any on the councils planning portal. His reply was that he wasn't prepared to ask and in any case, in his words, "Planning enforcement wouldn't stop a parking ticket being enforced - regulatory enforcement isn't likely to circumvent contract law".

 

My question is, is he correct and that even if PE do not have planning permission for the ANPR cameras they can still use them as evidence in court if someone chose to take it that far?

 

Thanks in advance.

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he's talking BS.!!

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That was what I thought. Surely if they don't have permission for the cameras then, as they shouldn't be there they can't be used to penalise people.

 

Thanks dx, straight to the point as always :-) 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

The Parking Eye Mansfield thread is an excellent thread and not one I have seen so well explained.

 

At the moment in Courts the lack of PP for signage in car parks appears to be de minimis. As you have found John, most Councils seem to see it as nothing serious and yet by turning a blind eye to not enforcing the Town and Country  [Advertisements] Regs. they are allowing their own residents to be ripped off as well as losing out on the fees necessary when applying for permission.

 

Another problem is that while pp is applied for after the car park is up and running, one would have thought that Councils should insist that while they are pondering whether to grant permission then the signage should be covered over.

 

I suspect that much of the Council laissez faire is through ignorance of the interpretation of the Regs. but I am surprised that it affects so many Councils.

 

A rough survey by a private member of the public wrote to many councils enquiring on how many car parks using private parking companies to run the parking had planning permission.

 

Over 300 of them confirmed that permission had never been granted. Extraordinary that so many Councils are failing in their duty.

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  • 1 month later...

I have received a reply today from my council confirming that Parking Eye have not applied for planning permission for their ANPR cameras or the related signs. The council officer said he had 'visited the site', even though the site in question is used as a cut through from one side of the town to the other side.

 

Anyway, I have read through the various posts on this subject and still can't decipher whether the lack of planning permission makes any parking charge notices unenforceable. I would have thought that as the cameras shouldn't be there then no action could be taken.

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so PE have committed a criminal offence..

means all tickets are null and void.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...

open

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Parking Eye - zero planning permission - Belvoir Retail and Leisure Quarter. 46-48 High Street. Coalville LE67 3EF

With reference to my post back in March about Parking Eye issuing tickets obtained through ANPR cameras erected without planning permission, they have now, after many emails by myself to my local council, applied for planning permission for the cameras, signage and payment machines.

 

I posted this on a local facebook page and not surprisingly many people who had been ticketted by PE were upset, so much so that it came to the attention of P who issued the statement below in the local newspaper.

 

I would welcome your comments:

WWW.LEICESTERMERCURY.CO.UK

Planning permission has only recently been sought for cameras that have stood for months

 

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Well done on all the work put in.

 

Of course PE will try to BS their way out of it in the media, but there's not really much to discuss.  They were supposed to apply for PP before they put their signs up.  They clearly didn't.  They were committing a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007 which means a contract cannot have been formed with them.

 

They have also broken the Code of Practise they signed up to in which it is stated they have to obtain all relevant legal permissions.  Another reason why the invoices they send out have no validity.

 

Sadly, however, while motorists moan but still pay these charlatans they keep getting away with it.  The thing to do is refuse to pay them and challenge them to do their worst.

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Thank you for your replies. I have emailed my local planning authority quoting the Town & Country law and informed them that as a planning authority it is reasonable to assume that they were aware of this and are therefore complicit in the illegal activities of PE. 

 

I have also told them that I will be informing the ICO of this and that they must order PE to cease all operations until PP is granted, which it undoubtedly will.

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right now reply to the silly twonk that they are NOT FINES, and only a local council can issue PENALTY CHARGE NOTICES on Public Roads/car parks controlled by them . Private Land is not subject to such.

 

(p'haps @Gick etc will put that better,) though their letter explains it later..

 

they are correct in the attaining of data from the DVLA is outside their emit, however retro planning does not absolve PE from attaining unlawful payment from everyone when they did not have planning perm.

 

this needs to goto the local press IMHO.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was just miffed that they won't tell PE to stop their operation until they have planning permission, especially taking this clause into consideration:

"It must assess the balance of public interest on a case by-case basis"

 

Obviously the council do not consider people being issued illegal parking charges to be in the public interest.

 

Do you think it's worth taking this to the Ombudsman or should I just give up?

 

I will be taking your advise in getting the local press involved.

 

 

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await the experts.

i think this has been done??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How do the Council not act when the Regulations are quite clear that no advertisements may be displayed unless consent is granted. They have already conseded that there is no consent. 

It may be that they can still apply for pp but inthe meantine the signage should be covered over and no PCNs issued until the council have consented. 

At a time when Councils are ever more strapped for cash you would have thought that claiming the fees for the permission plus a fine for not applying for permission in the first place. That would go some way to make up for the amount of money that Parking Eye have ripped off motorists for .

 

Requirement for consent

4.—(1) Subject to paragraph (2), no advertisement may be displayed unless consent for its display has been granted—

(a)by the local planning authority or the Secretary of State on an application in that behalf (referred to in these Regulations as “express consent”); or

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Absolutely. A local facebook page has picked this up and the ward District Councillor will ask embarrassing questions next week, I know he feels just as strongly about the councils apparent inaction as I do.

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  • 3 weeks later...

Thought you may be interested in the local rags story on this and PE's answer to the complaints.

 

WWW.LEICESTERMERCURY.CO.UK

Planning permission has only recently been sought for cameras that have stood for months

 

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If someone was double dipped and was using Google Maps, or a connected nav system  wouldn't geolocation data prove they only used the cut through showing them miles away from the car park for the relevant time, or dashcam footage time dated and GPS verified.?

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!

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