UKPS ticket in our own parking lot

Syphonjc

Hi all,
My girlfriend and I rent a flat that has a private parking lot. This requires key fob entry and we were given a permit to park. On the day we received a parking ticket from UK Protection Services Ltd. my girlfriend had been driving, the permit had slid off the windscreen. She put this into the cup holder and forgot to put it back onto the windshield.
She received this ticket, and I told her not to respond as we were justified to park in our own lot and it was ridiculous! However, she decided to write a letter of appeal without my knowledge and sent it off via post. I have no idea what was in this letter but today we received a response saying that we were "in breach of contract and unlike in criminal law, mitigation does not affect the breach of that contract". I have been browsing these forums for the last hour or so and there is a draft post that we can send to UKPS. However, because my girlfriend emailed them and gave our address, does this mean they wouldn't be breaching data protection to involve debt recovery?
Also in the letter, there were pictures attached which do show that the permit was in the cup holder though not clearly enough to read. Does this help the cause?
Any help and advise would be appreciated!

Coupon-mad

does this mean they wouldn't be breaching data protection to involve debt recovery?

It just means they didn't have to bother to get the address from the DVLA, but you are at the stage you would have been at anyway. Debt 'recovery' re private PCNs means a few letters, this isn't people coming knocking - this is not 'Can't Pay We'll Take it Away'! Not bailiffs, just some daft letters we've ignored for a decade on here.

UNLESS they try court, it's just a case of ignoring a letter chain now, unless POPLA is offered...are this lot in the BPA or IPC?

Also in the letter, there were pictures attached which do show that the permit was in the cup holder though not clearly enough to read. Does this help the cause?

Yes if ever they try a small claim. Residential cases are defendable:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

HTH

Syphonjc

Thanks for the quick response! Fingers crossed it doesn't go any further!

Coupon-mad

Is it this lot?

http://www.bmpa.eu/companydata/UKPS.html

or this lot?

http://www.bmpa.eu/companydata/UKPS_North_West.html

and is POPLA *offered* as a second stage appeal, or not?

Which company number and/or BPA or IPC roundel appears on the signs or PCN?

Syphonjc

It's the 2nd, North West. They are part of IPC and have told us we can use a second appeal through IAS.
I read this may not be worth pursuing, but willing to try if necessary?

Coupon-mad

Don't bother, you will only get a fair hearing in a small claims court, if they ever try. Your tenancy agreement and any letters or email that came with the permit (and or the t&cs on the back of the permit) are relevant in any defence to show you already had the right granted to park, regardless of this third party chancer and their shoddy signs.

Read this version of a pre-claim response written by LoadsofChildren123 who is legally qualified:

https://forums.moneysavingexpert.com/discussion/comment/72448659#Comment_72448659

Not the exact same circs/type of car park but relevant as far as pointing out the t&cs that came with the permit did not create any obligation dependant upon or agreeing to the risk of any parking charge.