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Messages - Kharas1

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1
Just search the forum for APCOA Manchester and you will find a defence prepared by b789 that you’ll be able to use. It worked for me.

2
That was very much the conclusion I had come to but I haven’t been able to find anything definitive, legal context wise, to support that view and I don’t want to be just interpreting it in a way that suited the circumstances I’m looking at currently.

So it’s good to see someone else with considerably more experience than me, sharing that view.

3
Apologies if this is in the wrong place, please feel free to move it if necessary.

Obviously VCS v Edward is a persuasive argument in terms of protecting the RK from being inferred to be the driver at any given time, purely because they are the RK. Hence the consistent advice to avoid naming the driver, thus forcing the evidential burden onto the Parking Company to show who was driving.

However, is there anything similar, decided case wise, in relation to a Hirer or are there any cases where the VCS principle has been applied more widely to include the Hirer to offer the same interpretation and protection?


4
Search mediation call and you’ll find a brief prepared by b789 which will run you through the process - it’s all a waste of time but you are expected to attend albeit using the brief it will last minutes at most - just another step along the path towards discontinuance.

5
Torresstrike

I’ve been assisting someone in a case involving Bank Parking.

In an industry with genuinely fierce competition they are in my experience, a very special bunch of morons.

In my case the parking was pre-booked and pre-paid but a PCN was still issued.

The PCN to the hirer similarly omitted all of the documents although this hasn’t really been a significant feature of our complaint/appeal.

A complaint of 29/7/25 still hasn’t been responded to and neither was it treated as an appeal as it should be. Although they did eventually cancel the notice they did go onto issue a payment reminder for it post cancellation.

We have also issued a SAR to them which they failed to respond to. We have complained to the ICO about that failure and the ICO have now written to Bank telling them that they are expected to respond with 28 days. We await the actual response.

We also complained to IPC about their member business, never had even an acknowledgment although given that they are a complete joke and completely uninterested in anything other than protecting their members, that isn’t any great surprise.

As our argument is that Bank never had reasonable cause to access the RK data off the DVLA, we also complained to them. We have gone through the 2 stages of DVLA complaint response levels and the overriding feeling we have is that DVLA will believe any old crap the parking companies tell them so they don’t have to rock the boat in relation to the hand that feeds them millions of pounds per year to access our data. The most recent development is that DVLA have agreed to prepare our complaint for referral to the Independent Complaints Assessor- which should be happening any time now.

All of this is being done with a view to prepare ourselves for a Small Claims Court action in relation to breaching the DPA 2018 and to generally strike back at one of these parasites.

So, good luck and keep going, push them hard and let’s all do our bit to fight back when and how we can.

6
Stick with it as regards fighting this one, the advice on here is spot on and if followed will be successful in this case. It’s important to hold your nerve, it can seem scary and it certainly isn’t a quick process but it will be successful in the end.

We all have to fight back against the parking scum and their pet debt collectors and legal wannabes- you’re in the right place to do so.

Put them through all the hoops until they finally give up and with the help of this forum, look for and exploit any opportunity to complain, maybe even seek compensation for any illegal actions, the support will be there if you have the will to see it through.

I’ve helped a couple of people using advice on here and have a couple ongoing currently, steel yourself and join the fight back.


7
Bank have unsurprisingly gone very quiet. Nothing further from them at all.

DVLA complaint made and now acknowledged with the following response of 13/11/25 -
“Good afternoon,
 
Thank you for your recent correspondence.
 
I am currently investigating this matter with the parking company concerned and as soon as this has been completed, I will respond to your complaint.”

Not sure how long this will take but at least a step forward.

Complaint made to ICO but their website says that it will currently be 29 weeks before it is allocated to an investigator. So their ability to enforce the failure to respond by Bank is basically nil and I wonder why we continue to waste taxpayer funding on such an abysmal organisation. This mirrors previous experience with them that ended with me complaining about the ICO themselves and their completely pointless existence.

I’ve registered a complaint with IPC that their member company hasn’t followed their sector code of practice in failing to respond to a legitimate complaint. I’m not hopeful that this bunch will do anything but I promised Bank that a complaint would be made, so don’t want to let them down.

My friend has decided that we aren’t going to push back against the hire company but is happy to go via the small claims route against Bank so that seems to be the final issue to get underway now.

8
Private parking tickets / Re: MET Stansted PCN not sure which car park
« on: November 06, 2025, 12:39:32 pm »
The whole industry runs on the fear that threats of fines and potential court action creates in people who don’t have the knowledge of how to fight back. I know for example that it would work in relation to some of my family if I wasn’t there to reassure them.

It’s disappointing when someone finds their way here but then lets this fear over rule the advice and pays anyway. It will happen I guess, but hopefully only very infrequently.

I’ve been involved helping family/friends in a few cases, so only very limited experience compared to our regular posters but over time you do build confidence and get into the rhythm of the nature of the posts. Unfortunately for many I guess a visit here is a one off or at least only very occasional so I can understand why some find the responses more challenging.

But we do have to always remember that the posters here, provide their considerable time and expertise for free and with their help we build a bigger and stronger body of people who can help people fight back against what is an inherently dishonest industry.

9
Thank you for some great advice there.

I’ll start on those next week once I have the opportunity to put some more time into it.

The email has been sent to Bank but the 14 day deadline to respond expires Tuesday (5/11) so it will be all systems go once we get past that point.

Lots to do but don’t want to miss the chance to hit back at one of these cowboys.

10
A further update

We issued a SAR previously.

We didn’t get a response as such to the SAR but did get the following email response;-

“Good Afternoon,
 
This PCN has been issued in error, please accept our apologies for this and any undue stress caused, we have cancelled the PCN and redacted your details.
 
 
Kind Regards”

In response to this and to have a bit of fun with Bank we have responded as follows;-

“Thank you for your email of 17 October.

I would like to set out the series of events and correspondence that you have completely unnecessarily created for me, as a direct result of your incompetence.
You sought, without cause, to obtain the RK details for the vehicle from DVLA, as parking had already been prepaid.
You contacted the RK, a hire company, who provided my details and charged me an admin fee for having done so.
You then issued a PCN to me on 25/7/25. I should also point out that this Notice is not compliant with Sch 4 PoFA 2012 as it did not enclose any of the documents referred to in the Notice, providing further evidence of your incompetence.
I then lodged a complaint with you, which your private parking sector single code of practice says should also, where appropriate, be treated as an appeal.
Your response was to direct me to use your appeal process which was completely unnecessary and both a further waste of my time together with providing now mounting evidence of your collective incompetence.
So despite holding an unresolved complaint/appeal you then issued a final reminder dated 8/8/25.
On 18 August, as I had no confidence of your ability to link the already existing complaint with the relevant PCN, I did then, in desperation complete the online appeal form and try to link it to the previous complaint.
On 3/9/25 I had to issue a follow up, via your online contact form, as my complaint was still unresolved.
You provide a mindless response on 3/9/25, and I replied to you on the same date, reminding you of what had happened previously as you were clearly too stupid to make the link on your own.
On 10/9/25 you provided a response from your appeals department to confirm that the PCN had been cancelled. There has never been a proper response to my complaint, presumably because you don’t have anyone with the required intelligence to write one.
On 26/9/25 you then, with unsurprising stupidity, issued a Notice of Debt Collection for the previously cancelled PCN.
On 1/10/25 I issued an email FTAO the Data Protection Officer which constituted a valid Subject Access Request.
Your email response of 17/10/25 confirmed that the PCN was issued in error and apologised for any undue stress caused.

Please note that your email of 17/10/25 does not constitute a reply to what was a valid Subject Access Request, which remains outstanding with an initial timescale still running and which expires on 31 October 2025.

In an attempt to finally bring this to a conclusion I am now giving you the opportunity to provide me with compensation, both for the actual admin fee that I incurred and for the undue stress that you identified having caused me.

This whole process was completely unnecessary, had you have acted with proper due diligence and identified that I had prepaid for the parking for which you then incorrectly issued the PCN.

Dealing with you has been both stressful and enormously frustrating, due very much to your collective incompetence. I have spent a number of hours researching this process and identifying where you couldn’t be bothered to follow it correctly.

I require you to pay £70 in compensation to bring this matter to a conclusion. Please note this is not a negotiation, it is simply an opportunity for you to conclude the matter while limiting your direct and opportunity costs. Once confirmed, I will provide my details to you to enable you to make payment.

If you fail to respond with the next 14 days or do so without providing agreement to the proposed settlement figure, I will;-
Require a full response to the valid Subject Access Request, failure to do so will result in a complaint to the Information Commissioner’s Office.
Require a proper response to the issues set out in my formal complaint. If you fail to do so I will report this matter to the BPA.
Require a full explanation by what is meant by “redacted your details”.
Be making a complaint to DVLA about misuse of your KADOE contract as you did not have reasonable cause to begin this process, had you have taken the necessary care to check that I had already prepaid.
Be complaining to my MP to get them involved post consultation and as further evidence of why this cowboy industry needs proper independent regulation.
Be Registering a claim with the Small Claims Court for my direct costs and any resulting fees to bring the case to the court.

11
An update.

Given that Bank had issued a letter to cancel the PCN, I struggled to convince my friend to invest any further time in this, especially as the admin charge was only £10.

However, Bank have now excelled themselves by issuing a follow up letter, now demanding £170 for the PCN they have cancelled.

So, I’ve done a SAR to Bank to see what they hold and we will reassess once we’ve seen their response and whether it prompts them to cancel it again, only properly this time.

12
Many thanks everyone, lots of good solid advice here and some very useful learning from my perspective.

I’ll need to talk through the various options with my friend and see where they want to go.

As always I am very grateful to everyone who has given their time to contribute.

13
I’m practicing being able to charge by the word😆

14
Assuming no practical way of a broader claim for inconvenience and time wasting, that is the only clearly identifiable and evidenced cost identified to date.

15
This is an update on what I know so far.

This is the clause (9n) that deals with the admin charge that has been applied.

“It may be that your possession or use of the Vehicle leads to fees,
fines (including speeding, parking and congestion charge fines) or other
sums or liabilities being referred to us. If so, we may charge you an
administration fee as shown in the Key Information section of this
agreement for each referral. We may (but need not unless we are legally
required to do so) choose to pay these amounts if you have not paid
them. If we do so, you agree to reimburse us for the amounts we pay. We
will charge you a further fee as shown in the Key Information section of
this agreement] for each charge we pay.”

The admin charge is £10, which has somewhat surprised me as I was expecting more tbh.

I haven’t got it to upload yet but the invoice recharging it is headed - “ Motoring Offences Invoice” and the invoice is described as “ motoring offences/fines - issued by Bank Parking Management Ltd”.

The payment of the parking in advance seems to check out, correct date/time/location and Reg as the PCN subsequently issued by Bank, but clearly well worth a check.

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