PCN(s) UKPC - Court Claim Form (WON)

Jenni_D

beamerguy said:

Go for the juggler now.

Isn't that how you kill a circus? 😁

Well done OP.  

KnightRS

Got a response from DVLA, very expected and doesn't address any of the concerns I mentioned -

Dear XXXXXX,

Thank you for your email of 10th January 2021 about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register.

The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of motorists is respected while enabling those who may have suffered loss or damage to seek redress.

Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I hope you can appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable.

UK Parking Control Limited (UKPC) requested and received information via a secure electronic link. It should be noted that an electronic link is a means of requesting and receiving information; it is not direct access into DVLA’s vehicle register. The electronic service is a system to system service. (an interface between the service provider system and the DVLA system) The information is transferred back via a secure file transfer (SFTP) capability. The Registration Mark only is entered by the company clerk into the schema. No manual checks are made until after the information has been returned by the system, if the information does not match, the information should not be used by the company.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private car park enforcement companies. The DVLA cannot regulate any aspect of a company’s business. Any representations should be made to the landowner or his agent. DVLA releases information on the basis that reasonable cause is demonstrated.

To help ensure motorists are treated fairly when any private parking charge is pursued the DVLA discloses vehicle keeper information only to companies that are members of an appropriate Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an ATA is to ensure that those who request DVLA information are legitimate companies that operate within a code of practice that promotes fair treatment of the motorist and ensures that there is a clear set of standards for operators.

The company in question, UK Parking Control Limited (UKPC) are a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The BPA’s code of practice is published on its website at http://www.britishparking.co.uk  under the heading “Approved Operators Scheme”.  If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA via email at https://portal.britishparking.co.uk/compliance/LogComplaint or by post at Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AH

I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure for your reference:https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

Yours sincerely

beamerguy

It is very sad  that the DVLA have entered into the world of crap

The whole point is that UKPC were not entitled to issue tickets in that area. A county court judge ruled on this.  What further proof does the DVLA need ?

The Agency must strike a balance between ensuring the privacy of motorists is respected while enabling those who may have suffered loss or damage to seek redress.

Nobody can lose anything if they are not entitled to be there.

The DVLA has failed completely to address this, they would rather pass the buck to the BPA but this is a DVLA problem because they do not have a system in place to question authority, they might think they do, you case proves they don't

I would go through the DVLA's complaints and ask the direct questions which clearly they don't want to answer.. UKPC obtained info they were not entitled to and that is proven

UKPC have form for fraudulent activity with their timestamps and the BPA should sanction them because the BPA have lost control and that makes the BPA UNTENABLE

This is a story for the national press

Umkomaas

Total pick n' mix series of templated paragraphs from the DVLA, complete whitewash hogwash!

If you're up for it @KnightRS, I'd dissect every paragraph and re-emphasise that UKPC were preying on land for which they had no authority to operate, as confirmed by the judiciary of this country.  Feed them plenty of rope ..... ! 

fisherjim

Your complaint to the BPA will come back with the usual " We have investigated your complaint and have found it to be an administrative error by UKPC and they have put in procedures to ensure it will not happen again as such we consider the matter closed"

Which actually means we sent an email to our old pal Rupert, had a nice follow up chat and laugh about it, he assured us he lifted the carpet and swept it under with all the other carp.

beamerguy

That will happen but the more rubbish we see from the BPA, it is ongoing proof that they are not worthy to be an ATA

Maybe if they kicked out UKPC, lost their membership fee, it would cause them financial hardship.
It was not that long ago that they could not afford to pay London Councils.
That was the moment someone with a pea size brain called in Wright Hassall

Coupon-mad

I'd reply back to the DVLA and say: 

Please reply properly, and drop the tired fob-off templates seen time and again. The DVLA should be ashamed about its part in being utterly steered by the ATAs and forgetting about their duty to the public as gatekeepers of our data.  It is obscene that the DVLA thinks it is OK that you released to private firms on a nod and a wink, nearly 8.5 million registered keeper name and addresses in the last full year before COVID.  Just stop and reassess what you are doing  in my case and indeed the wider picture - the DVLA has actively supported scam PCNs and you are well aware of this, and yet always reply with the same stuff.

Please re-read at what I actually told you because UKPC are issuing PCNs on land they do not have a contract for and that's a DVLA data banning offence.  Kindly stop trying to fob me off and escalate this complaint to someone who can write without using computerised template paragraphs.