Free Traffic Legal Advice

Hello,

I recently received a PCN from Future parking ltd for allegedly parking without paying. This was at the Bourton Vale car park.

Anyone who is familiar with the car park will know its has a connecting access to the Coop car park, the driver mistakenly drove through the coop car park to park in a shaded spot in the Bourton Vale car park (baby on board). When the driver realised they car parks were different the driver went back and parked in the Co-op car park and then left again through the Bourton vale car park exit. So for some reason they have only registered the driver's first entry and the 2nd exit point.

I wanted to reply by asking them for the full logs but, just wanted to check how to word this in the right way so not to cause any future issues with an appeal.

Not sure if the PCN is needed to be uploaded now but can do if required.

Thank you

I have attached the PCN

How do i edit the post above i dont see an option?

How do i edit the post above i dont see an option?

Future parking Limited - PCN - Bourton Vale Car park
« on: June 26, 2023, 01:15:48 pm »                                    Quote

In the heading of your post (as above) as the writer you will also see a button marked'Modify'. Clicking on this enables you to edit the post.

Why are you so sceptical of the Co-op? Did they say they would ask for them? Why shouldn't they either do so or suggest to you to submit a Subject Access Request to the data protection officer of the parking operator at the Co-op site?

Where the vehicle was and when is not a state secret, it's been recorded.As the registered keeper you have a legal right to the information.

According to GSV this is a camera-controlled car park operated by Euro Car Parks, nowt to do with the local management.

Now, if they say they wipe data of non-offending cars after 14 days (they have 14 days in which to serve PCNs on offending cars) then they might not have the evidence you need, in which case you'll need to pursue FP Ltd.

As regards a template, there isn't one because the issue in dispute is whether the creditor has the right to enforce against the driver and in default the keeper which is to do with facts on the day, not technicalities in notices.

The driver(pl be careful in posting responses not to fall into the trap of naming or inferring the driver) has an account and this is all that can be put to FP.

I suggest you submit a SAR to ECP. If they don't respond within the 28-day period allowed for an appeal against the PCN (which ends on the 14 July) submit this to FP with your account and add that you would provide this definitive evidence when received, in which case you would request that the creditor doesn't determine your appeal before day 30 after receipt thereby allowing the data protection officer to respond in time and the creditor to not breach their 35-day limit.

SAR is a data protection request and nothing as such to do with parking.

ECP
https://www.eurocarparks.com/privacy-statement/

Look at how to obtain data. You would also see that they say they erase after 10 days. Provide info as to your reason for submitting the request, identity, a copy of your V5C with name, address VRM clearly visible, your driving licence and a recent utility bill with name and address should suffice.

As regards FP, you might as well include this in your appeal by directing them, as best as you can, to specific times on the day when your vehicle should have been captured by their ANPR.

Start work on your appeal here and post for comments.

You posted:
The driver entered through the Coop car around 14:00pm at which point used the through road to drive into your car park. Upon realising the car parks were different the driver left and returned back into the Coop car park.
The final exit time as per the PCN was when the driver drove through the service station. Please refer back to your own logs to see all entries of exits of this vehicle. Furthermore, as the registered keeper I have submitted a SAR to Euro Car Parks to provide their logs as further evidence of entry and exit times.

Make it as easy as you can for FP to find your entrances and exits and don't presume any knowledge on their part as to the layout on site.

On the day in question the driver went to the Co-op and entered from Station Road at approx. 2pm. The Co-op offer 90 minutes' free parking to customers.
As you may know, there isn't much natural cover in this car park and so the driver drove into what they thought was an overflow car park to find some. Once they were there they could see that you allowed parking for longer but at a charge. They left immediately via your Station Road exit and did a 180 degree back to the Co-op where they parked and then shopped. When they left they took advantage of the short-cut through your car park and exited via the service station. A total of 2 entrances into your site and 2 exits. I would estimate a total of less than 2 minutes in your site and even less time stationary.
Your cameras must have captured every in and out but for some reason have only flagged-up the first and last which makes 2 minutes appear to be 36 minutes. Please look again at your camera records where in addition to the views in your PCN you will find my car exiting your site at 2pm-2.10 and entering again from the Co-op at around 2.35pm.
I have requested the operator of the Co-op's car park to provide their camera coverage but have not yet received their data. As this would show that I entered their site at approx. 2pm and again at approx. 2.10-2.12(I don't know whether your cameras are 'in sync') it follows that as the car couldn't in two different places at the same time there was no contravention and I should be pleased to receive your confirmation that you have cancelled this charge.

Thank you

So ECP have responded saying they do not keep records for more than 10 days, do I need to update FP with this information?