Clarification needed thanks

owenparry

So I have been given a windscreen ticket from UKPC for leaving the site, will email them the below template but as I lease the car sign off with me as the registered keeper?

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.

Umkomaas

As your vehicle is under a lease agreement it's best to pull UKPC away from the lease company, as many knee jerk, pay the charge, invoice you and slap you with a nasty little admin fee to boot!

But the registered keeper is surely the lease company? Or do you have your name on the V5C (logbook)?

Unless the V5C is in your name, you'd be better using just 'Keeper'.

Have you read the special section for lease/hire vehicles in post #1 of the NEWBIES FAQ sticky? It's right at the bottom of post #1.

Coupon-mad

That's why the (one size fits all) template only says 'keeper'. Not registered keeper.

But as you lease the car, why aren't you using the bespoke version for lease/company vehicle hirers, lower down the same NEWBIES post, written by Edna Basher? The one about POFA para 13/14.

Umkomaas

The OP has only received a windscreen ticket at this stage CM. EB's template I think is following a postal NtK arriving without the necessary accompanying paperwork?

owenparry

Cheers all, so unless anyone thinks better I’ll send the one size fits all and see what happens.

Coupon-mad

Umkomaas wrote: »

The OP has only received a windscreen ticket at this stage CM. EB's template I think is following a postal NtK arriving without the necessary accompanying paperwork?

Good point, well made! Missed that. So the template version it is, then.

owenparry

Thanks again. I’m on the ukpcappeals.co.uk site and the online appeals form has a mandatory field asking if I am the driver or the registered keeper. Am I okay to admit being the driver as I’m not the registered keeper? Does the template stating no admission of who was driving negate the form submission? Or shall I select registered owner then add a line of text to the template stating I admit to being neither the driver nor the registered owner despite the above form trying to force me to choose?

Also, as my ticket was for leaving the site, should I add a line of text after the section about the sign failing the test, stating I did not leave the site?

How about this -

Dear Sirs

Re: PCN No. xxxxxxxxxxxxxxxx

I challenge this 'PCN' as keeper of the car. Despite your above form trying to force an admission i admit to being neither the driver nor the registered keeper, merely the keeper.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. I also deny that the vehicle owner/driver left the site.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,
Xxxxxxxxxxx

Umkomaas

Tick registered keeper - you're under no obligation to clarify anything to them. They'd only take real interest if the driver box is ticked.

Don't overthink things - especially when someone's trying to scam you for £100.

owenparry

Cheers, have sent the original template. Will update when I have news.

fisherjim

Remember these are scammers after your cash, their made up forms and web sites aren't official, and they try any trap they can to tilt things their way.

Their remit to the landowner is to control parking, but a leaving site scam is nothing of the sort.
Their "profit centre" (their new name for an attendant) allegedly watched someone leave site when he could have prevented it.
That is not mitigating a loss, or controlling parking, it's entrapment primarily to boost his bonus, and a scammers bottom line!

owenparry

I’ve finally had a reply to the above appeal. I’ve pasted their response below. Any suggestions as to what I should do next? Thanks in advance!

Dear Mr Parry, Thank you for your recent correspondence in relation to the above Parking Charge. In order to make a final decision regarding your appeal, please can you provide further evidence to support your appeal, along with the full name and address of the driver to our Appeals Department within 14 days of the date of this letter. Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received, at this stage a POPLA verification code will be provided. Further correspondence can be sent to our postal address below or on our website at ukpcappeals.co.uk. Please can you ensure that your parking charge details are attached when sending further correspondence. The Parking Charge has been on hold whilst under appeal and may be settled in full at the reduced rate of £60. PLEASE DO NOT IGNORE THIS LETTER. UKPC REGULARLY TAKES MOTORISTS TO COURT WHO IGNORE THEIR PARKING CHARGES. Yours faithfully, Appeals Department UK Parking Control Limited