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UKCPM Windscreen PCN

2456710

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 March 2019 at 3:01PM
    You have an interesting and strong defence for later at court stage. Can you get it in writing from the venue that they offered the parking to you on that date for £x ?

    That will be vital evidence when UKCPM pointlessly sue you, and your case would possibly warrant a counter claim too. If interested in that, start building evidence of your distress over the coming weeks/months.

    For example email a couple of (primed) family members or friends, setting out how upset you are by this threat, worried about the 'fine' and the possibility of court, concerned about the effect on your credit rating* etc. Then save those emails...



    *there is none...not unless you ignore a claim or lose and then refuse to pay
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Hi all,


    I received my LBC a week ago now and I've just sent off the SAR to UKCPM after following the advice on the NEWBIES thread.


    I'm about to send the restriction of data processing email to Gladstones and just wanted to make sure, am I to send this to their DPO?


    Your help is always appreciated.
  • Coupon-mad
    Coupon-mad Posts: 155,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No need to send it to their DPO, you are merely saying to Gladstones generally, that they should temporarily restrict data processing whilst the SAR is undertaken, in the interests of a fair chance to review all the information and take stock, as per the pre-action protocol.

    Add in a final sentence, that you are seeking debt advice*, despite the fact this is not a valid debt at all, and as such they must cease work on the case for 30 days.



    *to be clear, I don't mean go and get debt advice elsewhere! Stay here.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Also, I did manage to get written confirmation from the venue that they offered parking for that day :)


    I did send a message to my partner stating I was worried about the affect on credit rating etc but I haven't followed up since. For a counter claim, should I resume these messages?
  • Coupon-mad
    Coupon-mad Posts: 155,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 March 2019 at 3:09PM
    I did manage to get written confirmation from the venue that they offered parking for that day
    Good, include a copy of that in the letter to Gladstones, to show them there there is no cause of action. Tell them this; show Gladstones your evidence. You MUST be open:
    Car was parked in a college car park as the driver was attending an event there. The venue hosts offered parking at a discounted rate, eliminating the P&D aspect from UKCPM.
    I did send a message to my partner stating I was worried about the affect on credit rating etc but I haven't followed up since. For a counter claim, should I resume these messages?
    Yes, and in your email to Gladstones, mention how very distressed you are. NOT that you are ''worried about a CCJ'', just that this entire harassment farce from a rogue parking firm is making you ill and lose sleep with stress.

    Oh, and tell them that it is your intention to counter claim due to there being no cause of action whatsoever by UKCPM, and you will be seeking damages and/or compensation for distress arising from data misuse, pursuant to section 13 of the DPA, and/or under the Protection From Harassment Act.

    Make it crystal clear that the driver had made an alternative contract with the venue, and prove it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Email has been sent to gladstones containing everything you have said!

    Will let you know when they have replied :) Thanks!!
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    I've had the reply from Gladstones!


    As expected, they have rejected the restriction of data processing however, I believe they have made an error with the letter they have sent me or should I say the template they have sent me!


    I quote 'We will however extend the Pre Action Protocol period by 30 days to DATE TO BE
    INSERTED. Please pay or reply by that date. Any reply received outside of the 30 day
    period may not be considered as legal proceedings are likely to have been issued'



    Can I use this error to my advantage in any way?
  • Coupon-mad
    Coupon-mad Posts: 155,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Never mind the date, reply and demand a non-template reply that addresses the evidence you already sent to Gladstones about the contract to park that was made. If you didn't attach evidence, do so now.

    Don't say you can't get it. You will need evidence for a court hearing so may as well make a strenuous effort to get that evidence now to try to get the claim stopped in its tracks.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    I've got the evidence and I did attach it to the email I sent to them so I'll reply with the non-template statement you suggested!
  • Coupon-mad
    Coupon-mad Posts: 155,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes and re-attach the evidence, again, every time, keep pressing this, every week if necessary!

    Telling them to get their faces out of the parking world trough and surface for long enough to look at your evidence and refer it to their client, as it changes everything and gives them no cause of action.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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