Letter Before Claim - UKCPM LTD

Tuffty747

Hi guys, I was hoping for some advice moving forward.

I have been reading over various threads, including the newbies thread and I'm hoping I haven't created this one too early. Hopefully you can point me in the right direction.

In Oct 2018 I received a PCN on my vehicle whilst it was parked in an underground, gated, private car park whereby I have an allocated space. I am a resident at one of the flats above the car park in question (which is predominantly privately-owned accommodation rented to students - important for later).
UKCPM took over management of the entire estate at the end of August 2018 and issued a letter to all residents outlining the terms of the new parking regulations which would come into force as of Sept 1st as well as putting new signs up all over the estate. Included in that letter was a map of the estate which clearly highlighted the 3 underground, gated car parks on the estate as "Basement Car park and Retail Private Parking. We will not monitor or patrol at this time." (I still have a copy of this letter and map and we were never informed that patrolling of the underground car parks would begin) - mistake number 1?

Moved into the property (rented) in Sept 2017 - I've read through the tenancy agreement and whilst there is no explicit mention of a parking space, the flat was advertised with a space and there is a space in the car park with our flat number on the wall. We're working to get confirmation from the Letting Agent that the flat comes with a parking space as part of the lease agreement but if it wasn't specifically set out in the original signed lease I'm assuming that may not hold much weight? There is reference in the lease to the 'Premises' refers to '...and parking space (if applicable)'. From my reading, I understand that Pace v Mr N [2016] C6GF14F0 [2016] sets out the precedent not allowing a 3rd party to alter the resident's right to park in an allocated residential space. 2nd mistake?

The PCN was issued in the early hours of a Sunday morning In Oct 2018. In the middle of the night. The times listed on the PCN was 4:45am as 'observed time' and 5:08am as the 'time of issue'. As I said earlier, I live in a predominantly student area, so there aren't many cars in the underground car park in question. There must be roughly 60-80 spaces and the car park is NEVER more than 25% full. The photographs taken show spaces either side of my car as well as the bays next to that. Interesting to note that the photographs that I have seen (I don't know if they have taken others until my DSA comes back) of my car don't show any evidence of no permit being displayed on the windscreen? I don't know if they need to provide photographic evidence of that?
Surely they can't claim that I have caused them to 'lose money' over a PCN issued in the dead of the night in an almost-empty underground residents car park. The fact that the car parked is gated (only accessible with a key-fob issued to residents) therefore assumes that it is de facto a private car park for the residents only? 3rd mistake?


Up until now I have ignored their threatening letters because I genuinely didn't think it would get this far. It seems baffling to me that the Solicitors have taken it on as surely this isn't going to win in a court?
However - don't want to count my chickens too early.

Steps I have taken thus far:
- Written to UKCPM for a Data Subject Access Request (as recommended in the Newbies thread) I haven't had a response to this yet. I did it via email, worth sending a letter too?
- Written to Gladstones to for a 'Restriction of Data Processing' (again as per the Newbies thread) this was replied to almost immediately denying that request, but they have extended the Pre-Action Protocol period to 7th January 2020. (Does this mean court proceedings wouldn't begin until after that date?

Next steps:
- I'm assuming it's far too late for me to appeal/write/call Gladstones or UKCPM to explain the situation and make them realise their mistake to try and save everyone some time and effort? I'm going to assume I've had that opportunity and that ship has long since sailed?
- Do I now just need to prepare a defense using the templates provided and just sit tight? Do I need to do anything in the meantime?

Any help/advice is much appreciated.

Redx

An email to their DPO is fine , no need for a postal letter , yet
Just make sure you attached proof of I D , such as a copy of the LoC plus a copy of the V5C too

GDPR works both ways

Never assume they won't start proceedings , they have form for jumping the gun , so never assume , period !!!

You are wasting your time , energy and breath trying to explain , so don't bother

Start preparing your draft defence , the sooner the better , because the juggernaut will carry on regardless

There is no as in Defence , so ensure you spellcheck in GB English , right from the start

Tuffty747

Okay great. Thanks for the tips.

So from here, do I have to acknowledge the solicitors or anything like that? Or at this point am I essentially just waiting for a court date?

I also haven't had any reply to my email SAR request aside from the initial automated response. Given there are strict timescales involved here, should I be concerned at all?

Appreciate the guidance.

KeithP

You are a long way from getting a court date.

The next thing is likely to be a Claim Form from the County Court Business Centre sometime after 7th January 2020.

Post the Issue Date from that Claim Form when you get it.

Tuffty747

KeithP said:

You are a long way from getting a court date.

The next thing is likely to be a Claim Form from the County Court Business Centre sometime after 7th January 2020.

Post the Issue Date from that Claim Form when you get it.

Hi guys,

Just wanted to post an update, as I have now received a Claim Form. 
The issue date printed on the form is 12th Feb 2020.

What would my next steps from here be?

Also worth mentioning, that I have followed all previous steps, I sent a SAR to the Claimant Car Park company and I never received a response (aside from the automated instant response email). Does that have any bearing towards my case? I know it isn't a criminal offence to not provide my data, but I'm entitled to it under GDPR and my request was simply ignored.

Any help would be very much appreciated!

Coupon-mad

Ask again by email to the DPO, for the SAR and threaten an ICO complaint, then briefly mention that in your defence.

Just wanted to post an update, as I have now received a Claim Form. 
The issue date printed on the form is 12th Feb 2020.
What would my next steps from here be?

AOS as per the NEWBIES thread but NOT until five days from the claim form date, or you whittle away some of your time to defend.  Read the NEWBIES Thread 2nd post for example defences for various scenarios.

Castle

Tuffty747 said:

Also worth mentioning, that I have followed all previous steps, I sent a SAR to the Claimant Car Park company and I never received a response (aside from the automated instant response email). Does that have any bearing towards my case? I know it isn't a criminal offence to not provide my data, but I'm entitled to it under GDPR and my request was simply ignored.

Any help would be very much appreciated!

As from May 2018 it is a criminal offence, (Section 173 of the 2018DPA), to block the release of data requested under a SAR. 

The data subject can also issue a claim for damages under article 82 of the GDPR if they fail to respond to a SAR.

KeithP

Tuffty747 said:

KeithP said:

Post the Issue Date from that Claim Form when you get it.

I have now received a Claim Form. 
The issue date printed on the form is 12th Feb 2020.

What would my next steps from here be?

With a Claim Issue Date of 12th February, you have until Monday 2nd March to file an Acknowledgement of Service. If possible, do not file an AoS before 18th February, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Monday 16th March 2020 to file your Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

When you are happy with the content, your Defence could be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Tuffty747

Hi guys,
I'm working on my defence now. I had a couple of questions.

I've still had no response to my SAR request. The photographs of my vehicle in the 'Formal Demand' which is the first letter I received once they had gained my information from the DVLA  don't show any evidence of my windscreen showing the ticket attached or the lack of any permit in my windscreen. Is it worth mentioning in my defence that they are yet to provide any evidence of my vehicle not having a permit displayed? (The 2 photographs just show my vehicle from behind, no view of the windscreen).

Thanks

Coupon-mad

Yes include that,  and this:

UKCPM took over management of the entire estate at the end of August 2018 and issued a letter to all residents outlining the terms of the new parking regulations which would come into force as of Sept 1st as well as putting new signs up all over the estate. Included in that letter was a map of the estate which clearly highlighted the 3 underground, gated car parks on the estate as "Basement Car park and Retail Private Parking. We will not monitor or patrol at this time." (I still have a copy of this letter and map and we were never informed that patrolling of the underground car parks would begin)

DO NOT say anything at all about them suffering no loss, as your first post mentioned (NO LOSS IS NOT A DEFENCE).

Le_Kirk

The results of a SAR will be more useful at Witness Statement stage.