So, the government's doing away with tax discs ...........

[dementedfeline]

The bailiffs will be laughing their socks off - how will they know not to levy/clamp/seize on a vehicle that is doubly untouchable - i.e. Blue Badge (which may or may not be displayed at the time) AND disabled tax disc? "Oh, I didn't know, how could I have known" (uttered in tones of fake shock and horror). (Not, of course, that that's stopped them in the past.)

And, I wonder how that's going to work in the carparks that say free for disabled tax disc holders - could well lead to more tickets and more bailiff actions.

[bluebottle]

Re: So, the government's doing away with tax discs ...........

Is that one up on the 'tube?

The very same one, BB. What would be poetic justice would be an unmarked 7.5t box van turning up outside a PPC's offices and their filing cabinets and IT hardware being taken away.

[bizzybob]

Re: So, the government's doing away with tax discs ...........

Is that one up on the 'tube?

[bluebottle]

Re: So, the government's doing away with tax discs ...........

You forgot theft by finding:27:

Interesting angle and one I hadn't thought of, Sir Vere. Have you seen the video where a clamper had their tow truck seized by Birmingham Trading Standards and the clamper and his OH were nicked for Blackmail? They say revenge is a dish best served cold. In that case, revenge was sweet for those who had fallen victim to the barsteward.

[Sir Vere Brayne d'Emmidge]

Re: So, the government's doing away with tax discs ...........

Basically, unless you put up some form of barrier to indicate no public parking is permitted, you are giving what is known as an Invitation to Encroach. The application of clamps would be illegal, in any case, due to PoFA, but may also amount to Unlawful Interference With Property and Unlawful Detention of Property.

You forgot theft by finding:27:

[bluebottle]

Re: So, the government's doing away with tax discs ...........

Basically, unless you put up some form of barrier to indicate no public parking is permitted, you are giving what is known as an Invitation to Encroach. The application of clamps would be illegal, in any case, due to PoFA, but may also amount to Unlawful Interference With Property and Unlawful Detention of Property.

[Sir Vere Brayne d'Emmidge]

Re: So, the government's doing away with tax discs ...........

I am aware of Section 29 of the Data Protection Act 1998 and refer to it on my website, but an parking allegation is neither a crime nor a form of taxation. Further the references to processing of data are fine as the DPA makes provision for processing of data by outsourced companies. It is the sharing of personal information with third parties which cause the problems. Processing and sharing are not the same

Section 28 (National Security) doesn't apply either and nor does Section 35 (Legal Proceedings) and there are no judicial proceedings in parking. Appointing bailiffs to collect an allegation are not legal proceedings.

The DVLA agrees with me in emails on all three points and does not attempt to use any as a justification to share personal information.

Although unwitting Monkey Drunk at least emphasised that the core of my original post - that it is assumptions and presumptions concerning statutes and rules which do not exist - which form the core of parking enforcement

Let's draw a scenario and I will ask a couple of questions, then you can give me the possible solution.

Scenario: I live in a house in town centre with a very large drive, no gates, no fences, just an open space that I have concreted over because I hate cutting grass. In front of this drive the curb accessing the highway has been dropped by the Council (at my expense) and they painted a nice solid white line with clear end/start "T" to the line, there is a clear sign at both end of the drive that states "Private Property" do not enter, you will be prosecuted for trespassing, your remains will be prosecuted after my dog has had his day etc. etc. etc. and yet some numpty has decided to park on my land, despite a warning that vehicles will be clamped if this happens and the removal fee is £100 and a further charge of £80 for all day non authorised parking....so there you are, I wake up in the morning, and 8 cars (not mine or my family's) are parked on my drive. I clamp the lot, take pictures of each one, making sure that in the same photo I have: the number plate, the clamp and the sign that says "Bugger off".

I go to the office and when I come back the drive is empty for the exeption of 8 clamps which have been cut and left behind.

I toddle off to the nearest County Court and file a small claim for each clamp adddressed to the registered keeper of the said 8 cars, the Clerk of the Court says to me: sorry you need a name and an address, so I wonder down the nearest Kop Shop and the nice person at the reception desk says: sorry this is a Civil Matter and we can not tell you who the RK is for those vehicles because of the DPA.

Question 1: Am I right in thinking that I should be able to recover the cost of fixing my clamps?

Question 2: Am I right in thinking that I am still entitled to my £80 for each car that parked illegally on my land despite the large signs saying don't do this and £100 for the clamping?

Question 3: Who do I go to next to recover the cost of fixing my clamps?

[Tools]

Re: So, the government's doing away with tax discs ...........

Today I realised the answer to one of my previous questions

Does it cost a Bailiff to check the tax status of a vehicle (or words to that effect)

Today I realised the answer, no it doesn`t, any vehicle can be checked for free without the need for data protection etc

You can carry out a vehicle enquiry here https://www.taxdisc.direct.gov.uk/Ev...vehicleenquiry

[bluebottle]

Re: So, the government's doing away with tax discs ...........

I am both, hence the "handle"

There's no answer to that! Lol!

[bizzybob]

Re: So, the government's doing away with tax discs ...........

I think the whole civil parking scram is a hotch-potch of misinformation with one aim only, to milk motorists until the teats bleed.

Ohh 'eck, I appear to have morphed into a Rottweiler! best dog apart from a Jack Russell or Westie to present a bailiff to.

[Fair-Parking]

Re: So, the government's doing away with tax discs ...........

I am aware of Section 29 of the Data Protection Act 1998 and refer to it on my website, but an parking allegation is neither a crime nor a form of taxation. Further the references to processing of data are fine as the DPA makes provision for processing of data by outsourced companies. It is the sharing of personal information with third parties which cause the problems. Processing and sharing are not the same

Section 28 (National Security) doesn't apply either and nor does Section 35 (Legal Proceedings) and there are no judicial proceedings in parking. Appointing bailiffs to collect an allegation are not legal proceedings.

The DVLA agrees with me in emails on all three points and does not attempt to use any as a justification to share personal information.

Although unwitting Monkey Drunk at least emphasised that the core of my original post - that it is assumptions and presumptions concerning statutes and rules which do not exist - which form the core of parking enforcement

[Sir Vere Brayne d'Emmidge]

Re: So, the government's doing away with tax discs ...........

I feel you may be correct in your analysis that some bailiffs are or should be certified. :grin:

I am both, hence the "handle"

[bluebottle]

Re: So, the government's doing away with tax discs ...........

Me thinks Monkey Drunk is a short fat b:censored:d (desriptive not intended to be offensive) who is in charge of training in one of the big Enforcement agency, if he is, I had the pleasure of discussing the issue of an accredited training system for Certified....I mean Certificated.... Bailiffs to help the industry regain the :respect: it used to have.

I feel you may be correct in your analysis that some bailiffs are or should be certified. :grin:

[bluebottle]

Re: So, the government's doing away with tax discs ...........

[QUOTE=Sir Vere Brayne d'Emmidge;393711]

I think Monkey drunk was referring to rogue bailiffs

That's who I was referring to, Sir Vere.

[Sir Vere Brayne d'Emmidge]

Re: So, the government's doing away with tax discs ...........

Monkeydrunk
Are you a Bailiff or Ex Bailiff

Me thinks Monkey Drunk is a short fat b:censored:d (desriptive not intended to be offensive) who is in charge of training in one of the big Enforcement agency, if he is, I had the pleasure of discussing the issue of an accredited training system for Certified....I mean Certificated.... Bailiffs to help the industry regain the :respect: it used to have.