Parking Charge Notice

[Bazile]

I have received a Parking Charge Notice demanding £ 100 ( reduced to £ 60 pounds , if paid within 14 days ) from Defence Systems ltd ( T/A Park Watch )

This is for ' Not Parked Wholly Within Bay ' on a shopping centre car park .

Am I legally required to pay - is it enforceable ?

What's likely to happen if I don't pay ?

[10ClarionSt]

The annoying thing about these parking fines is that the government is betraying its' position, and breaching the Data Protection Act by disclosing peoples' personal information to private companies. That should not be allowed to happen. Data is for official use only and the govt should not be getting involved with anyone who wants set up a private parking company and making money out of disclosing personal data. Those companies should not be granted access to this information. If anyone wants to set up a private parking company, they should be denied access to the DVLA database and operate the car parks without that accesss. How? That's for them to work out. And wheelclamping should still be illegal because that is a way of holding people against their will. I've written to my MP about all this but got no reply. But I still think I'm right and will be writing to my MP again. Other than that, everything's fine thanks. :o)

[barry1010]

The DVLA is not breaching data protection because the law allows the DVLA to disclose vehicle keeper information to those who can demonstrate a reasonable cause for requiring it, including these parking companies.

[barry1010]

Regulation 27 of the Road Vehicles (Registration and Licensing) Regulation 2002

[10ClarionSt]

Wanting to fine people is not a reasonable cause, in my opinion. This is personal information that the govt holds and should only be for official use, not to be sold to any private company that is willing to pay for it. They law needs to change. I fail to see how anyone can agree to the govt doing this.

[ToraToraTora]

chico is correct but in reality they rarely bother to take you to court. They basically bombard you with ever increasingly harsh letters and eventually give up but it is possible they'll take you to court.

[THECORBYLOON]

10CS, "Wanting to fine people is not a reasonable cause, in my opinion."

What other solution would you suggest?

[10ClarionSt]

I unwittingly strayed into a private parking area near Piccadilly Station in Manchester when dropping someone off. I'm a Mancunian. I know this City. This was never previously a private parking area so I was dumbfounded to receive the charge notice one week later. I went back just to check for signage and sure enough, there it is, so I paid it. How else could they patrol it, I hear you say? That would be there problem, I say, but I'm sure there are answers to that question for all these companies. Answers that they don't want to consider.

[10ClarionSt]

Why should I suggest a solution? There are ways to do this without needing access to the DVLA database. I do have suggestions, so if I have them, the parking companies would have to think about them. It should be their problem, and theirs alone. Nothing to do with access to personal information that the govt holds on its' citizens.

[THECORBYLOON]

"Answers that they don't want to consider."

What do you suggest then?

[10ClarionSt]

When Camerons' govt made wheel clamping illegal, the parking companies asked for access to the database, and "call me Dave" said yes. This is a licence to print money for the parking companies and the govt is complicit with them for allowing it.

[New Judge]

Are you similarly suggesting that (say) vehicle insurers should not have access to the DVLA information? After all, they may simply be trying to recover their outlay from a third party. Or is that reason good enough?

[THECORBYLOON]

What do you suggest they do as an alternative?

[10ClarionSt]

It doesn't need much thinking about TCL. Are you not able to think of any?

[10ClarionSt]

No NJ. Insurance is a legal requirement. Access needed. Parking companies are not a legal requirement.

[10ClarionSt]

Vehicle insurance.

[THECORBYLOON]

If you have any suggestions, why not tell us?

[10ClarionSt]

Thanks for the replies folks. Twas a long and difficult night. Time for brekky. Byeeeee!

[THECORBYLOON]

No alternatives and no surprise.

[Canary42]

Your only hope is extenuating circumstances - I won a case of exceeding the maximum time limit when I got a puncture and had to wait for Green Flag to come out, assess it needed a new tyre and give me a lift to a tyre supplier with the wheel then back with the newly-tyred wheel which they fitted (having left the car up on Green Flag's jack while away). I paid the fine within the 14-day time limit but included a covering letter saying it was "without prejudice" and claiming it unfair. They returned my cheque unpresented.

[THECORBYLOON]

Your explanation is not unreasonable but parking outwith a bay, especially when there were others free, would be difficult to justify.