UKPC threatening invalid NTK

MouseTrap · 29 January 2018 at 9:41PM

Got a ticket from UKPC back on 30th November - followed the newbies guide and sent the template appeal on 26th December. On 29th January (60 days after the PCN is put on the windscreen) they send the following appeal rejection, begging us to send them the driver's details:

0084i

https://imgur.com/a/0084i

So since they are out of time to be able to claim Keeper liability they want us to just voluntarily give them the driver's details instead?? uhhhh...no?

Any further advice before I send a curt response telling them they haven't got a leg to stand on?

Cheers!

Quentin · 29 January 2018 at 9:44PM

Ignore and await a POPLA code (it's standard letter)

MouseTrap · 29 January 2018 at 9:50PM

Yeah I thought as much. It's a bit naughty though isn't it them asking us to volunteer the driver's details after they've already lapsed any ability to claim keeper liability.

Is there any point trying to cause trouble for them with the BPA or similar for flaunting their own little rules like this?

Redx · 29 January 2018 at 9:57PM

or do this (adapt as required)

https://forums.moneysavingexpert.com/discussion/5781927

different company , same F R O reply

KeithP · 29 January 2018 at 10:08PM

Yes, that letter is a little naughty in that regard.

They mention paragraph 9(2)(b) of schedule 4 of PoFA and appear to have summarised that reasonably well.

However their next sentence is not what PoFA says at all:

It also notes that as we do not know the driver's name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator (i.e. us) of the name and current address of the driver and pass the notice to them.

Paragraph 9(2)(e) of schedule 4 of PoFA actually is:

(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper -
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

Note the word 'invite' in there.

So UKPC certainly have the right to ask the keeper to supply driver's details, but the word 'should', together with the implication that the driver must comply, is wrong.

As Quentin says, ignore that letter and wait for your PoPLA code.

MouseTrap · 29 January 2018 at 10:21PM

I sent them the following (some hand written some copy/pasted from the forums), let's see what happens if anything:

Dear Sir / Madam,

In response to your letter dated 29th January, I would like to decline your polite request to provide you with the name and address of the driver.

Please note that in accordance with the Protection of Freedoms Act 2012 which you rely upon in your letter, Paragraph 8 clause (5) states that:

"The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."

You will be aware that this period lapsed on the 25th January and therefore you are unable to claim Keeper liability under PoFA. Given that you are no longer able to claim Keeper liability, I instruct you not to obtain any details from the DVLA, any attempt to do so without due cause (which you do not have) will be construed as invasion of privacy and a formal complaint will be made to the Information Commissioner. I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

Furthermore, should you fail to cancel this PCN immediately, I require the following information with your rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.
4. Please provide a full signed and dated copy of the contract between your company and the landowner.

UKPC threatening invalid NTK

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