Evidence bundle in relation to private parking ticket due by 18th December 2020

Clumsy101

Guys quick question:
If the managing agents who bring in a parking management company as contractors are dismissed as managing agents by the landowner, what happens to the contract between the parking company and the managing agents? Does the contract become automatically invalid and void?

The reason why I am asking is because the managing agents who had contracted PCMUK to manage parking were dismissed a month before the PCNs were issued to me by PCMUK. I want to argue that since PCMUK's contract was with managing agents and not the landowner, any authority they had to operate on the land ended the day the tenure of managing agents ended. Is this legally correct?
PCMUK said the following regarding this in their WS:

1. Any change in managing agents would also not provide as grounds for the above charges to be rescinded. The change of a managing agent does not make the previous provisions void. Therefore it is not accepted that the issue of authority is one that can be disputed.

Would really appreciate some advice on this point.

Umkomaas

Is this legally correct?

Sorry we are not a legal forum. Try LegalBeagles forum for possible legal advice. 

PCMUK said the following regarding this in their WS:

They would do, wouldn't they?
http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html

Coupon-mad

I think you have a point and would argue it to a Judge, who will decide the answer.  

The parties to the agreement did not include the landowner and there is no evidence of any authority ever flowing from the actual landowner, at all.  It was an agreement between one non-owning agent with another.

Clumsy101

Hi guys,
I just wanted to inform you that I had my hearing today and the judgement was in my favor.
The case was won on the basis that the claimant had no authority to operate on the land as the contract they had with the previous managing agents had expired when the managing agents were dismissed from the property. All the tickets were issued after the contract had expired hence the parking company had no authority to issue the penalty charges. 

I just want to thank each and everyone of you who helped me with the case and for all the useful guidance.

I just wanted to ask whether I can now counter claim against the parking company for misuse of personal data as they obtained my details from DVLA when they should not have or did not have a right to do so. I read somehwere on parking prankster that if a case is dismissed on the basis of the company having no authority then such a claim can be made. Let me know what you guys think.
Also, The solicitor requested for a right to appeal. Is this standard procedure or will they be appealing?

Thanks for all the help once again!!!

Coupon-mad

They can't appeal as that was a finding of fact.  Well done!  Did you get awarded any costs because surely this was unreasonable conduct?

Yes you can claim.   Nothing to lose as long as you do it right.  See the wording/law about data misuse, from the counterclaim on the thread by @ellaro9

Send a LBC first.  

AND - YAY - ANOTHER ONE BITES THE DUST!

Umkomaas

Well done! 🥂

In view of this quite clear statement from the court, why not give the PPC a dose of their own medicine by making life uncomfortable for them?   

Write to the DVLA and complain that the court has determined that the PPC has authority to operate at this site. Ask that the DVLA investigates and reports back to you. In particular they should calculate how many charges have been issued, and should there be no valid landowner authority, the PPC should be required to cancel all charges for that site and repay motorists who have been misled and paid. Email in the first instance:

ccrt@dvla.gov.uk (and) 

KADOEservice.support@dvla.gov.uk 

Send to both. 

If you get a fob off from that approach, follow it up with a full blown Freedom of Information request. It will be more difficult for them to hide under FOI. 

https://www.whatdotheyknow.com/

You might also consider issuing the PPC a Letter of Claim prior to a possible county court claim for breach of the DPA. Read these:

http://parking-prankster.blogspot.com/2017...0-for-data.html

http://parking-prankster.blogspot.com/2016...orist-wins.html

https://www.parkingcowboys.co.uk/data-protection-act/

There has to be some process of backlash against PPCs to make them think twice before issuing tickets on a scattergun basis and their unchecked harvesting of personal data from the DVLA on an industrial scale. 

Le_Kirk

Umkomaas said:

Write to the DVLA and complain that the court has determined that the PPC has NO authority to operate at this site. Ask that the DVLA investigates and reports back to you. In particular they should calculate how many charges have been issued, and should there be no valid landowner authority, the PPC should be required to cancel all charges for that site and repay motorists who have been misled and paid. Email in the first instance:

Did you mean NO authority to operate?

Umkomaas

Le_Kirk said:

Umkomaas said:

Write to the DVLA and complain that the court has determined that the PPC has NO authority to operate at this site. Ask that the DVLA investigates and reports back to you. In particular they should calculate how many charges have been issued, and should there be no valid landowner authority, the PPC should be required to cancel all charges for that site and repay motorists who have been misled and paid. Email in the first instance:

Did you mean NO authority to operate?

No, no, no - YES! (Too much Vic of Dib over Christmas) - thanks @Le_Kirk!

D_P_Dance

They have wasted your time and may have breached your data rights and perhaps your rights under The Housing Acts, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

and complain, complain, complain. 

1505grandad

Should complaints also be sent to IPC?

IPC CoP PART B and also PART E (e)

"Operational Requirements Applicable to All Operators

1. Establishing Yourself as the ‘Creditor’.

There is no prescribed form for such agreement and it need

not necessarily be as part of a contract but it must include the express ability for an

operator to recover parking charges on the landowner’s behalf or provide sufficient

right to occupy the land in question so that charges can be recovered by the operator

directly."

Surely a sanctionable non-compliance?