uk cpm self ticketing pcn

jnr_jnr

Hi everyone, long time reader first time poster.


Received a letter from uk cpm for a parcking charge notice. i've been through the newbies thread and found some useful information but i wanted to clarify a few things. but first i'll let you in on the scenario.


The PCN was received for parking on yellow lines. the vehicle was left for less that 2 mins i believe. No ticket was attached to the windscreen of the vehicle but received a letter through the post 3 days later headed as a parking charge notice.



"we have requested your details from dvla as the registered keeper of the vehicle (through the reasonable cause criteria of pursuing an outstanding parking charge).
I'm assuming this is my Notice to keeper? the letter is more long winded than that but that paragraph stood out to me.



I had a read through the legislation and it states that 1 of the conditions that must be met for the creditor's right to claim parking charges from keeper of vehicle is :


6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—

(a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8


Reading the legislation im a bit confused because, No notice to driver was given but they have requested my details from the DVLA to pursue a parking charge. Aren't they completely ignoring the legislation by sending a notice to keeper under the guise of a parking charge notice?



Are they allowed to request my details from the DVLA just 2 days after incident?



by having some random person take pictures of my car will stand up in court?



Thanks for reading, any additional points will be taken on board before i send off my reps, will not be naming the driver of course and i'm sure as hell will not be paying the Pcn.

Fruitcake

Unfortunately the DVLA accept photos from a hand held scamera as being the same as from ANPR scameras.
In this instance the NTK must arrive by day 14, the date of the alleged event being day zero.

This is explained in para 9 of Schedule 4 of the PoFA. Para 8 does not apply in your case.

Send the appeal template in blue text from post 1 of the NEWBIES from the Keeper. Add a one liner that the PCN has failed to allow any grace period which is a breach of the IPC CoP secion 13.2, which states a minimum consideration of 10 minutes must be allowed before ticketing.

Read the CoP before referring to it.

Umkomaas

Reading the legislation im a bit confused because, No notice to driver was given but they have requested my details from the DVLA to pursue a parking charge. Aren't they completely ignoring the legislation by sending a notice to keeper under the guise of a parking charge notice?

Are they allowed to request my details from the DVLA just 2 days after incident?

Yes, under para 9 of PoFA.

by having some random person take pictures of my car will stand up in court?

Might, might not - depends on the case they make and how you defend it. Then the only person who can tell you if it stands up will be the Judge. We never second-guess a Judge, there’s always a risk with litigation ..... for both sides.

But unless you’ve been served with a Letter of Claim or formal court proceedings, hypothesising about something that might never happen is of little help to you.

jnr_jnr

Thanks for the quick replies. thought i was on to something regarding the legislation but happy i decided to question my confusion. Regarding the hand held camera as a anpr, couldn't that be open to abuse( i.e photoshop etc)?? i'm surprise they allowing this to happen.

Fruitcake

The whole parking industry is open to abuse. UKPC were caught doctoring time stamps on their photo' "evidence" last year.

Umkomaas

Regarding the hand held camera as a anpr, couldn't that be open to abuse( i.e photoshop etc)?? i'm surprise they allowing this to happen.

Complain to the DVLA as they have turned a blind eye to this and have released your personal data.

Just hold on, because I think your complaint will now take the count to exactly one zillion!

jnr_jnr

I have now received a letter before claim for Gladstone solicitors. I have requested a SAR from ukcpm which they have sent back as a PDF. I have also sent Gladstone an email ( As instructed in the newbies sticky thread) that I'm seeking debt advise but deny any debt. I will attach the PCN, My original appeal and any response which is in the SAR they sent back. I have also complained to the landowner which is L&Q. Do I now wait for Gladstones to make a claim? or is there another procedure before this?






 

Coupon-mad

Disabled Blue Badge holders are allowed to park on Double Yellow Lines. 

I would be pointing out to Gladstones that fact, and that if their client wanted the DYL to have a different meaning than they have on kerbs on street (which in itself is absurd and sharp practice - a misleading business practice which is an offence under the CPUTRs) the lines would have needed very clear signs to remove the expectation that a disabled driver/passenger can indeed park.   The doctrine of contra proferentem also applies and the interpretation that most favours the consumer must be upheld, and would be by any court considering the Consumer Rights Act 2015 tests of fairness and transparency.

Double Yellow Lines are a positive invitation for Blue Badge holders to park and are not an absolute prohibition on parking at all.  This is reflected in the new draft Code of Practice circulated for public comments by the MHCLG and British Standards Institute, who are finalising the statutory framework and Code that is coming in to sweep away the worst rogue practices, such as pretending Double Yellow Lines don't have the meaning that they have on street.

Attach a copy of that Blue Badge to your reply to Gladstones and stop talking about grace periods, it's nothing to do with anything.

jnr_jnr

Thanks for the reply coupon-mad. Do I reply to Gladstones using the information sheet or do I just send a standard email?  it states in the newbies thread not to reply to the information sheet.

Fruitcake

jnr_jnr said:

Thanks for the reply coupon-mad. Do I reply to Gladstones using the information sheet or do I just send a standard email?  it states in the newbies thread not to reply to the information sheet.

I think you have answered your own question.

You have left your name showing on the Formal Demand.

Coupon-mad

Please just go by the NEWBIES thread, no need to check what it says.  It is there to sae us having to do this piecemeal.