Not my car

Umkomaas

How long do I wait for DVLA to get back to me?

You only posted the letter on 01/01/17 and that was a bank holiday (no collection), 02/01 was also deemed a bank holiday (no collection?); collection 03/01, delivered 2 days later (05/01). That's only 2 days ago, - don't be so unrealistic in expecting a response.

I am sorely tempted to ring UKCPS and say it wasnt me and get it sorted that way rather than just ignoring it until I hear back from DVLA. Its less hassle and stress to me. Im not a youngster and this is affecting me badly.

Never phone a parking company. All they want is your money. They will give you more hassle over the phone - they do this daily, so they're good at dishing out hassle, because that breaks people down who then agree to pay to end the hassle.

You'll be affected even more badly, I'm afraid. Please revisit post #23 by Coupon-mad where she said this:

DO NOT PHONE UKCPS!!!!!!!

Getting proof of posting is recommended for letters to PPCs who too often deny receiving them. Writing to the DVLA doesn't need proof of posting, there's no advantage to them in lying that a letter hasn't been received. Don't let that worry you.

Half_way

As above Never ever phone.
Also at this stage you should have contacted the landowner who allowed the parking company to operate on their land - even though you didn't visit.
You said this was some distance away (200 miles?)
Where is/was this car park, and who owns it?
if you cna provide some answers to that then the help you get may be more useful with regards to chasing the landowner getting this thing cancelled, and possibly sorting something out for the DPA breach.

You are obviously worrying about this, and worrying about it going to court.
The courts system should only be used as a last resort ( something that some of the PPCs seem unaware of) and both party's should try and resolve any dispute outside of court.
As long as you take all steps possible to get this cancelled then it can be shown that you are acting reasonably and the parking company, as well as the principal ( the landowner) are acting unreasonably.

Plus by notifying all party's involved, ( the landowner and his/her agents - the parking company) about the incident and the DPA breach you leave the door open so that you can take action against the landowner for his/her agents breach of the DPA.
If you do nothing then this may very well happen again to some other unsuspecting vulnerable motorist.
Instead of worrying and stressing, you need to take some action, and follow the advice on here.

So to repeat the opening part of this post, as it will give a good idea on how far to push the landowner:
As above Never ever phone.
Also at this stage you should have contacted the landowner who allowed the parking company to operate on their land - even though you didn't visit. - whos car park was this, or where was this car park?

SandyB56

I cant find out who the actual landowner is as it seems to be a complex. If anyone can help me I would be grateful. It is Cardigan Field, Leeds.

SandyB56

I have found the actual address of the complex now and a telephone and email address. Should I write or email them?

Tilt

SandyB56 wrote: »

I cant find out who the actual landowner is as it seems to be a complex. If anyone can help me I would be grateful. It is Cardigan Field, Leeds.

Not too sure why you are fretting about this.... if you wern't there, you cannot possibly be held liable for this charge. The onus is surely on the PPC to show that you breached their T&C's if they take the matter to court (which is their only legal option). Plus it appears that they have obtained your details while they were not in fact entitled to do so.

We have already pointed out that IF the PPC apply to take the matter to the small claims court, you can 1) enter a defence explaining that you wern't anywhere near the land that the charge relates to 2) request that the matter will be dealt with at a court nearest to where you live.

I personally don't think you need do any more than you have already done. I don't see why you should be contacting the land owner because this 'charge' has nothing to do with you apart from the VRM which has more than likely been recorded incorrectly.

Coupon-mad

SandyB56 wrote: »

I am sorely tempted to ring UKCPS and say it wasnt me and get it sorted that way rather than just ignoring it until I hear back from DVLA. Its less hassle and stress to me. I'm not a youngster and this is affecting me badly.

Stop.

DO NOT PICK UP THE PHONE.

We are not youngsters either! :rotfl:

Half_way

If you are going to get in touch, email.
The purpose of contacting the landowner is to put them on notice of the/any breach of the DPA, and to remind them that they are jointly and severally liable for the actions of their agents

SandyB56

I have received confirmation from DVLA that my details were requested on 23rd Dec 2016. The so called offence, remember it wasnt me, was on 10th Oct 2016.
What are my next steps please?

Herzlos

I make that 75 days after the alleged offense? The Protection Of Freedoms Act 2012 (the one that can make the keeper liable) requires the notice to get to you within 28-56 from the ticket being placed. Since they didn't request it until after that, they cannot rely on POFA2012 and there's no keeper liability.

Unfortunately, they are with the IPC, so complaining that way is a waste of time.

Your complaints lay with the DVLA - they've (a) attempted to circumvent a DVLA ban on requesting information and (b) breached KADOE by not having a valid reason to make the request.

SandyB56

Sooooooo what do I do now? I have had no contact with the UKPCS so I am expecting more letters from them to make the payment. Do I contact DVLA ? This was not may car so they must have written details down wrong in the first place.