DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 54744--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: gme
Date: January 23, 2025, 12:01 pm
---------------------------------------------------------
The driver was the same person on both occasions, and there is
CCTV evidence to back this up. I’m not sure whether this CCTV
belongs to Minster Baywatch or the landowner but it’s my
understanding they would have access to it to confirm the driver
is the same person.
I think the main point is that the driver had no idea the 14
hour rule was in place, and had no idea the terms had been
updated recently, in part due to them being updated a year ago
so all present additional signage was assumed to relate to said
previous update, which is unrelated and doesn’t affect the
driver.
I’m not sure what to advise them with regards to an appeal, it
is a place local to us and has always advertised free parking,
and at one car park there’s even a large sign stating ‘free 24
hour car park’, unless you check the signs every single time you
go you’re really not going to be aware of a week long time
limit.
#Post#: 54746--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: DWMB2
Date: January 23, 2025, 12:06 pm
---------------------------------------------------------
--- Quote ---
> there is CCTV evidence to back this up
--- End Quote ---
Please share this evidence with us (happy for faces to be
redacted of course).
#Post#: 54749--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: b789
Date: January 23, 2025, 12:15 pm
---------------------------------------------------------
Have you seen this CCTV "evidence" or are you simply assuming
that it is there. Why do you imagine that an unregulated private
parking company can simply obtain CCTV images and then use them
as some sort of forensic evidence? They can't.
Even if they had a close-up image of the driver they have
absolutely no idea who that person is. What makes you think that
they know it is you? There is no magic unicorn database where
they can input a photo of someone and out will spit their
personal details. they are not the police or any sort of
authority that can perform forensic analysis of CCTV footage.
All they are allowed to do is capture the vehicles VRM.
Unless the 14 hour clause is very obvious then it cannot be
considered a contractual term. As already pointed out, it is the
driver who forms the contract. Even if they could show that it
was the same driver each time (how?) they still don't know the
identity of that person.
#Post#: 54755--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: gme
Date: January 23, 2025, 12:23 pm
---------------------------------------------------------
The driver spoke to the landowner and they refused to intervene
because they viewed CCTV footage which confirmed the driver did
overstay, the landowner confirmed details which had previously
not been made aware to them (such as where the driver went after
parking), so CCTV footage does exist and can be accessed.
I’m unsure whether the landowner would be willing to share the
footage with Minster Baywatch should they ask? Would they be
allowed to share footage or would this violate GDPR by sharing
the footage with a third party?
The terms and conditions signage do state CCTV and ANPR is in
use.
Thanks again for all your help, the driver has had a license for
over a decade and never received a single ticket or fine in all
that time so this is entirely new territory for them.
#Post#: 54756--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: b789
Date: January 23, 2025, 12:27 pm
---------------------------------------------------------
The signage must not only state that CCTV and ANPR is in use but
must explicitly state what it is being used for and how that
data captured is handled.
You may hope that the landowner shares the footage with the
operator as that would open them up for a massive compensation
claim. You are overthinking this.
#Post#: 54762--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: gme
Date: January 23, 2025, 12:56 pm
---------------------------------------------------------
This is the old sign, the updated terms are likely similar with
the new time limit included, they have the same volume of text
with the smaller terms on the bottom, I’ll get a photo of that
tomorrow so see exactly what it says.
I’m just concerned as the driver is not employed and cannot
afford the fine, their employer went into liquidation in
December so £60/£100 is a bloody big chunk of money for
something they didn’t intent to spend
[attachment deleted by admin]
#Post#: 54868--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: b789
Date: January 24, 2025, 5:37 am
---------------------------------------------------------
You seem to be fixating on the "Parent & Child" terms. That sign
will only be relative to a designated parent & child space. It
is irrelevant to this case. The allegation is that the vehicle
exceeded maximum 14 hours stay over any one week, Monday to
Sunday.
Where are the signs that notice of this restriction? You
mentioned it at the beginning but have not answered any
questions about where this is notified to drivers. Is there a
sign that mentions this restriction?
Please answer the questions and then we will be able to assist.
No one who comes here for advice will pay a Minster Baywatch PCN
if they follow the advice. However, you are not following any
advice because you have not answered the question and keep going
on about the parent & child signs which are irrelevant.
#Post#: 54871--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: gme
Date: January 24, 2025, 5:43 am
---------------------------------------------------------
Here is the sign, I’ve been back today to get a look. The 14
hours part is stated on this. Thanks again for all your help,
there is some panicking but hopefully we can get to the bottom
of this.
[attachment deleted by admin]
#Post#: 54881--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: mickR
Date: January 24, 2025, 6:00 am
---------------------------------------------------------
where are those signs placed? at the entrance? around the car
park or just in one place?
#Post#: 54894--------------------------------------------------
Re: Minster Baywatch - overstayed - Meadowhall
DIR By: gme
Date: January 24, 2025, 6:23 am
---------------------------------------------------------
Those ones specifically are around the car park, there’s a
different version which states customers should refer to those
signs for further details of the terms on the entrances to the
car park
*****************************************************
Page 2 of 6
DIR Previous Page
DIR Next Page