Help needed - ukpc 9 parking charge notices, 7 at debt collection, 2 appealed

venousdata

HI everyone! TLDR at bottom.

I'm annoyed I hadn't discovered this forum until a few days ago - the advice here is great!
I've had a read over the newbie thread and my case seems to differ from the points raised there, and I now realise I've made a few mistakes in terms of getting past these 'charges'.

So I recently moved to a new location with a private permit holder only car park. we have allocated spaces but with two cars in the household we sometimes need to park in the visitors bay.

Anyway, long story short, since moving in on September 2018 I've been parking beside a green shed for recycling bins on occasion when no other spaces were available, and have unknowingly racked up quite a few charges. I had forgotten to change the address on my logbook (which I've since done last week) so the charges were sent to an old address!!

The only way I found out about them was by calling UKPC and asking, since a few neighbours were complaining that one of the residents were taking photos of their cars and sending them to UKPC and advised that he may have done the same to my car.

Unfortunately by the time I called I had a total of 9 charges, 6 of which had gone to debt collection. I denied owning any money to UKPC and told them that no contract agreement had been entered in to or breached.

Since then, another charge has gone to debt collection, so I've only managed to appeal the two most recent ones.

The main mistake I made is on both of the recent appeals, I had identified myself as the driver AND registered keeper of the vehicle, but had still maintained my innocence and made sure to deny the owed debt incurred from these 'invoices'.

My neighbours are in the same dilemma (less charges, however) and intend to fight back and go to court if need be, we are all willing to provide witness statements for each other to corroborate that the person taking photos of our vehicles, did so fraudulently, by shutting our vehicle doors while we were unloading shopping and is stalking us with threatening behaviour (he actually verbally assaulted one of my neighbours and aggressively put his hands in her face, leaving her 'worried for her safety and afraid to go outside' .

We have also all emailed the landowners and complained to UKPC and intend to carry on until they give up or take us to court.

My question is, can I still get out of this despite, having the charges sent to an old address due to not updating my log book for over half a year, identifying myself as the registered keeper AND driver, and not appealing the first 7 charges?? I think I've done everything else right as I've denied owning any money or entering in to any agreement/breaking any contract etc.

Any help/advice would be greatly appreciated. Cheers.

TLDR: Accrued 9 charges from UKPC in a permit holder only car park at my new address due to not updating my log book from old address in over half a year. Only managed to appeal the most recent 2 charges as I was unaware of the rest at the time of receiving them.
Also identified myself as the registered keeper AND driver of the vehicle when writing my appeal to UKPC. Only 2 out of 9 charges were appealed. Can I still get out of paying??

Coupon-mad

So I recently moved to a new location with a private permit holder only car park.

Can I just say firstly, that would have stopped me moving there. Not joking, the presence of ex-clamper scammers would drive me to not even look at a property and I would tell the estate or letting agent why I was boycotting it.

LOOK how much misery this has caused you and potentially a four figure sum you will be sued for by a scum firm who should be nowhere near your cars, as residents.

Are you tenants or leasehold owners of the flat? You need not just to complain, but to get UKPC kicked out immediately, by citing 'derogation from grant' (Google it) and the L&T Act:

My neighbours are in the same dilemma (less charges, however) and intend to fight back and go to court if need be, we are all willing to provide witness statements for each other to corroborate that the person taking photos of our vehicles, did so fraudulently, by shutting our vehicle doors while we were unloading shopping and is stalking us with threatening behaviour (he actually verbally assaulted one of my neighbours and aggressively put his hands in her face, leaving her 'worried for her safety and afraid to go outside'

Here is how a group of leaseholders achieved that (we've seen it often):

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced

Only 2 out of 9 charges were appealed. Can I still get out of paying??

Of course, by fighting them at small claims court (see why you shouldn't have moved there? Horrible, isn't it, you never signed up for this level of abuse).

Get UKPC kicked out this month by a letter similar to the one in the link.

Have you made sure UKPC have rectified your address data for ALL NINE PCNs?

venousdata

Hi, thanks for the help.

Unfortunately I am only a tenant and am not sure whether my landlord will want to get dragged in to this. However, inside my building there are only 4 flats, and I am sure that at least 50% will agree to sign such a letter.

I will contact my landlord regardless and see what he says and I guess prepare a defense for small-claims court.

Also, I have called UKPC to amend my address details but they refuse to do so, insisting that the letters get sent only to the registered address of the keeper (I requested a change of address on my logbook last week so it’s probably still showing as the old address currently. Debt Collection Plus have changed my address details and say that the letters will be sent out today. I called them last week and they said the same but when I called this week it hadn’t been done, funnily enough.

Coupon-mad

I have called UKPC to amend my address details but they refuse to do so, insisting that the letters get sent only to the registered address of the keeper

Shows you how scammerish they are, that's illegal under the DPA.

Easily sorted.

Email their DPO email address, a RECTIFICATION AND ERASURE NOTICE.

The DPO address is given in UKPC's data privacy page.

YOU MUST MAKE SURE EVERY PCN HAS BEEN RECTIFIED TO YOUR NEW ADDRESS.

venousdata

Ok I am about to email them now. A few questions before I do though:

In a small claims court, how can I prove that they declined my address amendment request? I’ve been making notes on my phone about the dates on which I’ve called them but I didn’t record the calls.

Also, should I ask them to amend my details or remove them entirely?

Thanks for your help so far! It really is appreciated.

Le_Kirk

When you e-mail the DPO, you start by stating "further to the refusal of your operative (on DD/MM/YY) to amend my address details, herewith my new address for service and you must remove/delete the old address". Might not be as good as a letter from them refusing but it shows the judge (if it comes to that) that you tried.

Coupon-mad

how can I prove that they declined my address amendment request?

By keeping the email you are about to send, which rants that on the phone they illegally refused...etc.

should I ask them to amend my details or remove them entirely?

Something tells me you need to look up what your rights to data 'Rectification' and 'Erasure' are in the GDPR.

That's why I used those exact words and I expect you to also use those words, having looked them up and understanding your rights under the DPA and GDPR.

BrownTrout

When you email the ensure you copy in complaints@ukparkingcontrol.com

Coupon-mad

Yes but of course mainly to the DPO email which we won't give, you need to find it!

venousdata

Ok so I’ve done some quick research and it seems I have the right for them to rectify my details, which I’ll be drafting up later today. However, I am not sure I have the right to be forgotten/erase my data as it is still “necessary in relation to the purpose for which it was collected/processed”.

I’ll be sure to cc complaints@ukparkingcontrol.com also.

Is there any other ways to prove that this resident is stalking us and physically shut the doors of our vehicles whilst unloading to stage his photographs?

Also the signage is unclear and quite frankly unreadable as the text is minuscule, although I believe it is above or equal to the BPA’s minimum requirements. But I feel the signage is inadequate as I would have to leave the vehicle and walk right up to it to read the small text, at which point I may have “breached the terms and conditions of the contract” while attempting to read them.

Coupon-mad

You have an absolute right to erase and rectify 'non-timely' or 'inaccurate' data.

The old address is 'inaccurate' as a current address for service and no longer 'timely'.

Is there any other ways to prove that this resident is stalking us and physically shut the doors of our vehicles whilst unloading to stage his photographs?

Catch him in the act. Talk to the others and someone will photograph him!