He stayed a few hours and then left within the time paid for.
A few days later he received a charge for not paying on exit.
The signage does not require you to pay on exit - only to "pay for the required length of stay".
Mr Lindsey appealed to NCP who refused to cancel the charge.
Prankster Note
In the Pranksters opinion NCP had no cause to obtain Mr Lindsey's personal data from the DVLA as no contravention has occurred. It is NCP's responsibility to make sure their systems work; not the motorists. NCP further compounded their mistake, causing distress and harassment by not cancelling on appeal.
Mr Lindsey may therefore well have a claim against NCP for a breach of data protection. A sum of £250 would appear to be appropriate.
Smart Parking settled out of court for £250 for a similar event when they issued a charge for no valid reason.
In court, £250 was awarded against VCS for issuing a charge which had no prospect of being valid.
Happy Parking
The Parking Prankster
Looks like it's a London underground car park and potentially subject to Byelaws.
ReplyDeletewas Mr Lindsey not offered a POPLa code?
ReplyDeleteIt 'aint about the parking is it ?
ReplyDelete£1-50 for a car on Sunday but £2-00 for a motorcycle? Think of all those words that your mother would never let you use and line them up below...
ReplyDeleteThat's what I think of them.
I'm in the process of putting stuff together on my own DPA claim against one of the big boys after I read your blog post yesterday.
ReplyDeleteNot sure if I can face the hassle of doing it, but at least if I begin to put it together and look for wordings etc. I'm on the way.
IMHO mine is even more of a case as I succeeded on first appeal and also got an FOI answer from the landowners confirming a longer grace period than that which I used. On top of that I have photo records of the telephone call duration / text messages I received while paying by phone showing how much of the time of my "overstay" that took up.
I'm in the process of putting stuff together on my own DPA claim against one of the big boys after I read your blog post yesterday.
ReplyDeleteNot sure if I can face the hassle of doing it, but at least if I begin to put it together and look for wordings etc. I'm on the way.
IMHO mine is even more of a case as I succeeded on first appeal and also got an FOI answer from the landowners confirming a longer grace period than that which I used. On top of that I have photo records of the telephone call duration / text messages I received while paying by phone showing how much of the time of my "overstay" that took up.
Pepipoo it then. I assist on a good number of those sort of cases, using a different name though.
DeleteThere is a POPLA code but I'm waiting to use it to give NCP a chance for a change of heart and for payment data.
ReplyDeleteNo need to go to POPLA now. NCP have phoned Mr Lindsey and apologised & are writing to confirm cancellation. He had paid on entry.
ReplyDeleteThe Information Commissioner's Office (ICO) can be helpful where DP issues are concerned. And they have the power to impose fines of up to £500,000 on thos who breach the Data Protection Act 1998.
ReplyDelete