I have put the key issue first - that my vehicle was not parked at the location and their evidence shows a different vehicle. But I also wanted to record the other points as secondary, so they are on the record.
I am the registered keeper of the vehicle.
The photographic evidence provided does not show my vehicle parked in any restricted or private bay. The wider images depict a different white vehicle which is not mine, which is the key issue. The only image of my vehicle is an isolated close-up of the number plate, with no visible date, time, location, signage, or surrounding context. Any appearance of my vehicle on the camera could have occurred while it was simply moving in the area, for example reversing or manoeuvring, rather than being parked in a restricted bay. This fails to comply with Schedule 4 of the Protection of Freedoms Act 2012, which requires clear evidence of a contravention in order to hold the registered keeper liable.
It should also be noted that no clear period of parking has been specified, the location stated on the notice (“Arlington Seaside, Southampton, SO14 1NB”) is inaccurate and publicly unverifiable, and the postcode provided leads to a different road not identified on the notice. These deficiencies constitute a breach of Section 50 of the Consumer Rights Act 2015, which requires charges to be fair, transparent, and clearly described.
The operator has processed my personal data, specifically my vehicle registration, using inaccurate and incomplete evidence, which is a breach of the Data Protection Act 2018 and the UK GDPR. GXS Services has also failed to provide evidence that signage was displayed, that the terms were communicated, or that any contravention occurred, contrary to the BPA / IPC Code of Practice.
Issuing a parking charge based on a vehicle that was not parked at the location alleged, supported by images of a different vehicle, an incorrect or non-existent location, and incomplete evidence, amounts to a misrepresentation in breach of the Consumer Protection from Unfair Trading Regulations 2008. Collectively, these failures demonstrate that the charge is fundamentally unreliable and cannot be relied upon.
GXS Services has not provided any clear or reliable evidence showing that my vehicle was parked at the location alleged, what the parking terms were at the time, or how those terms were breached. In the absence of such evidence, the charge has no lawful basis and must be cancelled. Registered keeper liability has not been established, and the charge should therefore be withdrawn immediately.
