Not my car

SandyB56

Is there anyone there that can help me as to what I do now please.

Molts

Is there anyone there that can help me as to what I do now please

Do not fret SandyB56. The superb forum members on here offer their sound advice for free and in their own time and will be here to advise as soon as practicable.

From reading your thread you hold pretty much all the winning cards here. Getting the PCN revoked will be easy if you closely follow the advice you are surely about to be given.

It appears your claim could be ripe for a counter-claim from you for DPA breach(es) so the experienced members will be delighted to assist you knowing it'll be just another nail in the coffin for these scammers who harass and intimidate innocent parties up and down the country on a daily basis.

This is quite obviously distressing you so how better to relieve that stress by fighting back and potentially earning siro £250+ for the privilege?

pappa_golf

SandyB56 wrote: »

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?

as per the DVLA

"Enquiries for alleged offences which took place during the period of suspension from 13 October to 19 December cannot be made. Enquiries for any occurrences prior to the 13th October 2016 can still be made."

as they have clearly exceeded 56 days they are calling your bluff , they CANNOT hold you the OWNER responsable

further contact by them should be answered by a nice "*(* off" comment

SandyB56

Enquiries for any occurrences prior to the 13th October 2016 can still be made."

Doesnt this mean that they were ok to ask for my details as so called offense was on 10th Oct.
Is there anyone I need to actually tell that this was most definitely NOT my car at this stage?

pappa_golf

they are fighting a loosing battle , the DVLA statement PROVES they cannot use the protection of freedom act , they cant fudge "we did send a letter" , coz the DVLA know they didnt ,

keep all your paperwork safely , as it can be used to your advantage should they attempt a court claim

if this lot had photos they would have used them , they are fudging now

Coupon-mad

SandyB56 wrote: »

Ive received a letter in the post from UKCPS saying that I haven't responded to a parking ticket that was stuck on my windscreen in Oct in Leeds. I have never been to Leeds! Is it likely my plate has been cloned. I am at a loss as to what to do as theres no advice on having a ticket that you have never seen and its not your car anyway. Should I just ring UKCPS and explain that it wasnt my car even though the reg is correct? Should I contact Police?

Contact the Police to get an incident number (you will not get a crime number). Then send that incident number in a letter to UKCPS, telling them:

- you have never been to Leeds
- your car has never been driven to Leeds whilst you have been keeper.
- you have reported a cloning issue to xxxxxxx Police and the incident number is xxx. If UKCPS have photographs which you assume they must have, they are now required to assist the Police by providing those to the xxxxxxx Police force quoting your name and the VRN and the incident number, to further the enquiries.
- if UKCPS check their photos and realise they have made a mistake they must inform you exactly what has occurred and why/how, as well as cancelling the PCN.
- if UKCPS fail to do any of the above and continue to process your data now that they have been informed that this is not your car/you have never been to Leeds, this will be in further breach of the DPA Principles and you are already preparing to report the matter to the ICO.
- For the avoidance of doubt, this is a Section 10 Notice under the DPA and you require UKCPS to remove your data which has been stored and processed without reasonable cause, demanding a 'debt' and causing significant distress and costs to respond in writing, as no email address is supplied and you are certainly not going to phone this notorious firm.
Require that they provide a substantive reply within 21 days and if they continue to pursue the 'charge' despite the above, you recommend they seek legal advice and advise their landowner client that they are about to be sued, as their client is jointly and severally liable for the tort of misuse of data.

pappa_golf

http://parking-prankster.blogspot.co.uk/2017/01/dvla-audit-report-on-ukcps.html

the address is on that page

yotmon

SandyB56 wrote: »

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.

I do think that you need to take things a bit more calmly. I realise that this is all new to you, but long standing members on this forum will give you good advice on how to deal with the situation.

You need to realise the importance of what has happened. The parking company did not serve the notice to keeper (ntk) within the timescales of the pofa 2012, (due to being sanctioned and not having dvla access) so you as the KEEPER cannot be pursued - only the DRIVER. They don't know who was driving (yes I know that it wasn't your car etc.) but they now have an uphill struggle if they wish to continue.
It may seem the right thing to do to say that it was not your car but it won't stop them from pursuing you. They will say that they have heard that 'old chestnut' a million times before and put on the pressure to make you pay, just to make it all go away.

As Coupon mad mentioned earlier, there was a similar case that did end up in court even though the owner told them that they had never been to that car park or town. I'm sure that she will pass on info on how to deal with this correctly.

So, don't do anything without seeking advice first and you won't come unstuck.

Edit - I see that CP has posted in #57 on what to do.