Smart Parking & SCS Law - LBCCC PLEASE HELP

CK_123

Hi All

Back in 2016 my wife received a pcn through the post by smart parking. It showed 2 images, vehicle entering and vehicle leaving the car park. The time between them from memory was under 10 mins. She did not park in any bay and nor did she leave the vehicle at any point. It was a safe place for her to pull over and wait without being a hazard or an obstruction.

We received numerous letters from DRP and Zenith debt collection agencies but ignored them as advised by posts from this forum. Yesterday we received a letter from SCS law, similar to the one posted by mr_sij 30/04/2017. The contravention was 'paying a fee to park at the site for a specified period of time and subsequently overstaying this time or failing to pay a fee at all'.

After looking through the many posts on this forum I came across a letter which I think is fit for our purpose:

I am the registered keeper of the vehicle with registration mark XXXXXXX .
The driver did not “park” (stopping briefly is not parking), did not switch off the engine nor leave the vehicle at any time, and could not have entered into any contract because a contract cannot be forbidding and, in any case, the driver had no chance to read and accept the terms of any conract before the alleged contravention occurred. Furthermore, you cannot use Section 4 of the Protection of Freedoms Act 2012 to transfer liability to the registered keeper because the location of the alleged contravention is subject to statutory control, and I am under no obligation to name the driver.

As a result, there is no legally-enforceable parking charge and no justification for you to pursue me. You have, therefore, obtained my personal information without reasonable cause. This is a clear breach of data protection principles 1 and 2 of the Data Protection Act 1998 (DPA). Your unreasonable and unlawful demand for payment is causing me significant distress and anxiety.

I demand that you immediately cease and desist from processing my personal data, except to inform me that you complied with this demand. Any further processing of my personal data, including any demands for payment or passing my personal data to any third party, will be considered harassment and a flagrant disregard of the DPA, which will be reported to DVLA and to your ATA, and may result in legal action against you for compensation or damages, including Exemplary or Punitive damages.

Section 10 Notice under the DPA requires you to respond to this letter within 21 days to confirm that you have or will comply with my demands, or explain why you have not or will not comply.

Can anyone please advise if this is appropriate. Any help will be very much appreciated.

Coupon-mad

The driver did not “park” (stopping briefly is not parking), did not switch off the engine nor leave the vehicle at any time, and could not have entered into any contract because a contract cannot be forbidding and, in any case, the driver had no chance to read and accept the terms of any contract before the alleged contravention occurred.

Furthermore, you cannot use Section 4 of the Protection of Freedoms Act 2012 to transfer liability to the registered keeper because [STRIKE]the location of the alleged contravention is subject to statutory control[/STRIKE] Smart Parking do not use POFA/Schedule 4 wording in your Notice to Keeper letters, and I am under no obligation to name the driver.

A couple of changes needed because this isn't bylaws land under statutory control!

Also to add, the above letter isn't a reply to a LBCCC, which we would expect to look more like the examples in the NEWBIES thread post #2, about responding to a LBCCC.

CK_123

Thanks for your reply. Just to confirm do I discard this letter and use the one from the NEWBIES thread minus the equality part or do I incorporate that into this one? Thank you once again for all your help.

Coupon-mad

Personally I would read today's threads about replying to LBCCCs and go with the style of response being discussed on threads by Daniel san and finanddan. That's the newest info.

No links, they are right here today to be read by newbies who can learn from them. I keep saying I wish all newbies would step beyond the links/basic info they are given and just make sure they also read the forum threads each day/each week/whenever you can.

I work full time and read every thread every day, so do others here, and if I had a threat of court I know I would!