UKCPM Free Parking Overstay - Another one bites the dust ! 26/10/23

jag_run

Thanks @Umkomaas - unfortunately can only do that within 6 months of leaving the address though. It’s been closer to 2yrs for us.

Ralph-y

" I have since advised them of the new address, "

how did you do this ?

was it to the DPO ? and then instruct him/her to errase the old address?

Ralph

jag_run

Ralph-y said:

" I have since advised them of the new address, "

how did you do this ?

was it to the DPO ? and then instruct him/her to errase the old address?

Ralph

I have now  

jag_run

Hi all,
A little update...
UK CPM have now updated my address on their system as of today. I advised them that it was incorrect on the 10th Aug. Also again on the 20th & 24th Aug... but they still sent a letter to my old address on the 29th Aug. I have asked their DPO to comment on that, advising I will be passing on to the ICO.

The second letter was another chaser, in which they seems to advise they will be adding the extra £60 fee:

"You are advised that if, after the period of 28 days beginning with the day after that on which this notice is given – the amount of the unpaid parking charge specified in this notice has not been paid in full, and we do not know both the name of the driver and a current address for service for the driver, under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will have the right to recover from the keeper so much of that parking charge amount as remains unpaid. The overdue charge will increase to £160.00 in the first instance of further action"

No reply from the pub about who the land owner might be unfortunately.

So, just wanted to check so far so good? I don't reply to them about the driver, and wait for the Notice To Keeper to come through before doing anything?

Thanks

Coupon-mad

That letter is the NTK, clearly...

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

jag_run

Coupon-mad said:

That letter is the NTK, clearly...

Thanks @Coupon-mad ... I'm not really sure how I missed that. I must have read the Newbies sticky top to bottom atleast half a dozen times - if not more.

I'm not sure now if I've messed up by missing a deadline or not.
Alleged overstay: 26th July 2020
ANPR NTK Issued: 31st July 2020
Reminder: 29th August 2020

So right now I'm day 43, and the "reminder" was issued on day 29. The paragraph I quoted above is on the second letter, but would seen to be redundant as that letter was issued day 29? The last paragraph on both letters is identical except for...

First letter ends: "This notice is deemed to have been given to you on the second working day after the date of sending above"
Second letter ends: "The overdue charge will increase to £160.00 in the first instance of further action."

What I'm not sure of is if the 'first appeal' template on the Newbies thread is required as part of the later defence, or it's just there as a standard reply in the hope the company will back off. Should I now send the template anyway, or has that ship sailed?

Thank you

Coupon-mad

None of it matters. There is no appeal that works, no deadline that matters.  No-one is suggesting for a minute UKCPM will back off unless the landowner tells them to

You need to read more UKCPM threads.

jag_run

After badgering me via many many letters from UKCPM, 'Debt Recovery Plus' etc over the last 1.5 years, I now have a Letter Before Claim" from 'Gladstones'.

As per guide, I have sent Gladstones the dispute debt/debt advise email. I have also SAR'd UKCPM with the following


******************************************************

This is a subject access request. Please see attached copy of the V5C document for the vehicle in question to show I am indeed the data subject.

I request...

1. Copies of ALL correspondence sent to myself in relation to this matter by any means (post, email etc)

2. Copies of ALL system and file notes in relation to myself / this case / the vehicle.

3. Copies of ALL evidence you intend to rely on, including, but not limited to...
- All held photographic/video evidence of the vehicle on the day at the relevant location
- All held photographic evidence of the signage you contend was at the location on the relevant day
- Full copy of any 'Penalty Charge Notice(s)' sent.
- Full copy of any 'Notices to keeper' correspondence(s) sent.

4. Evidence of authority from the land owner to issue PCN's on their behalf.

5. Copies the agreement terms with the landowner in relation to parking, including (but not limited to), the terms of use for the car park, exceptions to enforcement, defined grace periods etc.

6. A list of all outstanding PCN's against myself.
******************************************************

As I understand it now, Gladstones need to hold off 30 days, which is the same timeframe as UKCPM have to reply to the SAR? I also just wanted to double check if there was anything else I needed to do at this stage?

The original PCN was for £100 (£60 if paid within 14 days) - increasing to £160 if not paid within 28 days. The letters from 'Debt Recovery Plus' are for £160. However, the Gladstones letter now states the debt is £170 (which includes £70 claimed for the clients time/resources spent recovering the unpaid debt), with an estimated court fee (£35) and estimated fixed solicitors costs (£80) potentially added on top... £285 total.

Can the discrepancy in amount be used in my favour?

Thank you!

Coupon-mad

Even the solicitors' capped legal fee is wrong - check out the CPRs about fees in the county court!

jag_run

Coupon-mad said:

Even the solicitors' capped legal fee is wrong - check out the CPRs about fees in the county court!

Thanks - I believe your refer to "Table 1" of Part 45? As the claim is under >£25 & <£500, the costs would be limited to £50, not £80 (which is the cap for >£1000 & <£5000 claims).

Can I use this to my advantage, or is it just an observation of the poor job these "solicitors" make of the whole process?