Family dilema - UKCPM solicitors letters

Umkomaas

It is a quiet time for the carpark and the driver will have been seen on the CCTV.

Really? CCTV records from April? Whose CCTV records are you hoping are to be made available? Do you know how much time it takes to check a CCTV recording?

How will any CCTV checker recognise the driver. Is he/she famous, or maybe have some real distinguishing features (like two heads)?

Redx

they can issue an MCOL online at almost anytime and pay the fee , no warning time

if they name the KEEPER on the court claim , then its too late for the driver

the KEEPER can nominate any court they wish , typically it is the closest one to them if they are a private individual , but they cannot do so for Scotland because its for England and Wales only

if the DRIVER is named prior to the court case , then the driver should be named on the N1 claim pack too and the DRIVER gets to choose their local court for E & W, not the claimant, as long as the driver is a private individual (not a company)

the CCTV is a non-starter , due to GDPR issues , storage issues , they dont use facial recognition nor link to a DVLA drivers licence database like you see on NCIS and other USA TV programmes, even if it actually had the picture (my pink EU licence does not have any picture, nor my wifes pink DL either)

no idea whose CCTV you expect to be monitoring the car park, do the parking signs say so under ICO rules ? (I doubt it)

what right would a parking company have to obtain any CCTV from any security company monitoring the site ? what about GDPR issues ? DPA ?

they dont have the right to knowing who the roadsweeper was , nor the binman , nor the window cleaner either

my lad wanted to obtain CCTV for a recent incident on the public road from a HA and was told the police must issue a crime number and the CCTV would only go to the police, not to himself, plus there was a time limit on it too

I believe the MET POLICE recently had facial recognition tests banned due to some privacy issues etc, no chance for private companies

https://www.independent.co.uk/news/uk/home-news/facial-recognition-uk-police-wales-london-legal-challenge-human-rights-a8924296.html


these pcn,s do not qualify as its private property

Egbert_Nobacon

This seems like a win for the Keeper using POFA.

The Driver would appear to be on shakier ground and who do you think would be paying her travelling costs ?

In these particular circumstances it’s either defend as Keeper or pay as Driver.

haycorns

I am minded to submit this as an appeal for the keeper - I have used the template and added the bit in bold. If anyone has time to comment it would be appreciated.

Re PCN number:


I have recently been passed your PCN which was sent to the address above. I have been away from this address and was only given the letter on xx July. This is still my correspondence address. This appeal was not possible within the timescale you suggest in your letter due to my late receipt, but I am appealing within 21 days of receiving the letter.
I dispute your 'parking charge', as the keeper of the vehicle. I was not the driver. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
Your PCN is not POFA compliant, again confirming I have no liability as the keeper.
I have also been sent letters from a debt recovery company at this address ( which also reached me on x July and at another address in the last week. Please instruct this organisation to not contact me, as I have no liability as the keeper. As I am not liable as the keeper, requesting my details from the DVLA, passing that data to xx and them using the data with a tracking service are all beaches of the Data Protection Act, which I will be reporting to the Information Commissioners Office and they also breach the IPC code of conduct, which I will report to the DVLA

There will be no revelation as to who was driving and no assumptions can be drawn Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it. An appropriate payment was made to park this vehicle at this location at this time and registartion number entered in the machine, despite the poor signage in the car park

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

Redx

Ensure this is done in the name of the keeper, not you, giving the name and address of the keeper plus the VRM and PCN reference as well

Use a spell checker because I spotted the word beaches for example, plus registration too

Expect a rejection

haycorns

Just to update so other people can see what happened,

Appeal was rejected. I tracked down the landowner and sent this message:

s the registered keeper of ****, I have received a Parking Charge Notice from UKCPM limited. , relating to parking at zzzzz

I believe landowner name is a client of theirs. Please can you confirm that they are.

If they are, I wish to complain about their predatory nature and ask for you to exercise your power to cancel the PCN number: ****** for the following reasons.

I was not the driver, and under the Protection of Freedoms Act 2012, I can only be pursued if the Parking Charge Notice contains the information required by POFA , which it does not. They have accessed my data from the DVLA despite this in breach of the data protection act..

As I was away from my correspondence address when the letter arrived, I received the letter outside of the appeal window. Despite appealing within 21 days of receiving the letter, my appeal was rejected on the principal of timescale not the contents of the appeal.

The driver , who was a customer at one of the units whilst parked, purchased a ticket from the machine for 40p which covered the parking charge for the required time they were parked.

The signage in the car park is inadequate. The machine does not routinely issue tickets that confirm payment and the screen is hard to read. It is difficult for a motorist to comply, but the driver DID. Neither I nor the driver are liable for any parking charge.

The Parking (Code of Practice) Bill was given its second reading in the House of Commons on 2nd February 2018.

MPs discussed parking issues and stated :” Parking hotspots in private locations continue to trap innocent drivers month in month out, year in year out.”

"Private parking companies have become a curse in so many of our communities, and they are out of control in so many areas. They are a blight on communities, harassing motorists and driving tourists away from many towns and city centres.”

This is certainly having an effect at location, with a number of people having been given tickets when they have paid according to the owner of the business the drvier was using. I am sure it was not your intention to lose customers for your retail tenants by inforcing car parking charges in this way , but that is what is happening because of UKCPM Ltd poor practices.

I am also drawing to your attention the issues with UKCPML at location so you can take action, to protect customers from their unscrupulous practices and therefore help retain customers for your retail tenants.

I would be very disappointed to find that shops no longer wanted to operate in this area as they are at the heart of the village community.

I do hope you can help with this matter, which is causing me and my family considerable stress , due to the aggressive, threatening nature of the letters from UKCPM Limited and their Debt Collection Agency, with whom they have shared my details. I will pursue this through court if that proves necessary , but due to family health reasons, it would be so much better if I didn't have to.

haycorns

I got this reply

Further to your email below, I have taken this up on your behalf with CPM, please see their response below.





This PCN was issued outside of POFA which means the PCN is enforceable however we cannot pursue the registered keeper directly for the payment of the PCN. To be clear this is a very rare occasion and will only occur at an ANPR or self ticketing site due to delays in data requests from the DVLA.


The PCN has been cancelled

Not sure this makes sense , but it is cancelled.
I have learnt lots though this process and through other people's thread and answers posted on mine.

Thanks to everyone for their help. I am going to email UKCPM to check the PCN has been cancelled.

Le_Kirk

Excellent result!

Coupon-mad

Yay, happy to read this! Well done.