Summary
If a private parking company issues a fine based on incorrect evidence, they may breach the Consumer Protection from Unfair Trading Regulations 2008, which prohibits misleading actions, and the Data Protection Act 2018, which requires accurate data. Without evidence of a contract, their enforcement powers are limited, and the charge may be invalid. Consider including these points in your appeal, along with any supporting evidence.Full Conversation
private company
If a private company has issued a parking fine with incorrect camera timestamps, you can appeal the fine on the grounds of incorrect evidence. Here's what you can do:
- Gather all evidence showing the timestamps are incorrect.
- Write a formal appeal letter to the company, highlighting the discrepancies.
- Include any supporting documents or photographs.
Have you already submitted an appeal, or are you preparing to do so?
I am preparing to. I want to know what laws they are breaching by making a claim based on incorrect or faulty or insufficient evidence
In England, if a private company issues a parking fine based on incorrect evidence, they may be breaching the following laws and regulations:
- Consumer Protection from Unfair Trading Regulations *: Prohibits misleading actions and omissions by businesses.
- Data Protection Act *: Requires accurate and up-to-date data.
Have you gathered evidence to support your claim?
I am in the process of doing so. can you tell me more about the laws and regulations that they are breaching
If you believe a private parking company has issued a fine based on incorrect or faulty evidence, you can argue they are breaching the following:
- Consumer Protection from Unfair Trading Regulations *: This law ensures businesses do not engage in misleading actions, such as providing incorrect information.
- Data Protection Act *: This act mandates that data held must be accurate and up-to-date.
Have you started drafting your formal appeal letter yet?
yes. can you tell me about what powers or lack of they have when they cannot provide evidence that a member of the public has entered into contract with them
If a private parking company cannot provide evidence that a member of the public has entered into a contract with them, their enforcement powers are limited. In general:
- They cannot legally enforce the parking charge.
- The charge may be considered invalid.
- They cannot pursue the matter in court effectively.
Have you included this argument in your appeal letter?
no not yet
You should definitely include the lack of evidence of a contract in your appeal. Here are some more details:
- Parking (Code of Practice) Act *: Requires private parking companies to follow a code of practice, ensuring fairness.
- Protection of Freedoms Act *: Specifically Schedule *, requires clear agreements between the landowner and the motorist.
Have you also considered including any witness statements or additional evidence to support your claim?