Gladstones LBC UKCPM Ltd - failure to register vehicle UPDATE

Dumplin

Evening all,
I'd be grateful for some help, I've got myself in a bit of a pickle.

I was asked to deliver a birthday cake to a restaurant back in March 20, the carpark was at the rear of the building, cake was heavy, little to no signage to identify the shop from the back. Eventually found it delivered goods, left as was leaving noticed the sign regarding vehicles need to be registered by shop owner, popped back to shop he said don't worry it'll be okay your making a delivery. This carpark has no ticket machine

So I was surprised to receive the PCN via the post, I appealed on this basis, contacted landowner they said that they did not have permission to revoke PCN under their contract with UK Car Park Management Ltd.  I also asked for their procedures for delivery vehicles I cannot believe that every Amazon/goods delivery vehicle has to pre register the delivery vehicle with the shop they are delivering to that's just not realistic, but UKCPM have never provided.

I have now received a letter before claim from Gladstones reading the newbie notes I understand I should send a SAR request to UKCPM and a note to Gladstones stating I am seeking debt advice but I deny any debt and the case must be put on hold and advise I have requested a SAR. 

Gladstones have a portal? should I use that or just email enquiries@gladstonessolicitors.co.uk. I'm off to dig out what I have in respect of receiving PCN from UKCPM and my appeal etc. 

Do I need to do any more at this time other than start to prepare my defence ? What are my chances ? 

The total claim is for £160 of which £60 has been added by UKCPM for costs facilitating the recovery of the unpaid debt. It occurred in Little Walk Car Park in Harlow, Essex.
I don't believe this is a carpark any longer as the area is earmarked for redevelopment but I could go and get pictures of any signage still there. If its going to help. The resturant is no longer there due to the redevelopment.

Many thanks
D

Redx

You have 2 different parking companies listed above , so correct the order of the initials in all cases to the correct one , by editing your post and thread title

I would use their email address , not the portal

Email a SAR to the DPO at the PPC and attach a copy of the V5C as proof of I D under the GDPR law

Try Google Street view for signage pictures

Read the Jopson versus Homeguard case for loading and unloading guidance

Dumplin

Thank you.
I have corrected acronyms.
I dont have the V5 anymore I sold the car? a copy of a utility bill? but whats redacted?

Dumplin

I was going to write:

Dear Sir,

In relation to your letter dated 25th May 2021, I comment as follows

I deny any debt but I am seeking debt advice and I require the case on hold  for not less than 30 days in line with the pre-action protocol for debt claims. In addition I have sent your client a SAR request

Yours 

also did either UKCPM or the debt collector break GDPR by giving Gladstones my personal email and mobile number without my permission to pass on ?

Thanks

Umkomaas

also did either UKCPM or the debt collector break GDPR by giving Gladstones my personal email and mobile number without my permission to pass on ?

Nope. Fairly standard procedure. Not sure if it's ever been challenged, but it would take great tenacity and resilience if you wanted to pursue. Start with the Information Commissioner's Office. 

Coupon-mad

No, there is no GDPR breach in passing data to a solicitor in the pre-action phase.

I would add to that email to Gladstones, telling them all about the facts and the verbal permission from the shop (name the store, explain what happened as you explained it to us). 

It looks sooo much better to a Judge later, if you did this now and explained your position to try to resolve the matter, and then when it comes to defence and witness statement, nothing will be new to Gladstones or UKCPM.


WHEN YOU'VE DONE THAT, COME BACK HERE EVERY WEEK OR SO, BECAUSE THIS IS REALLY IMPORTANT PLEASE: 

The new (final) Government Consultation this Summer is something you must make sure you get your say in, given what you've been through.  

https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

Please, please come back every week to check and make sure your voice - AND YOUR FRIENDS’ AND RELATIVES’ VOICES TOO -  is/are not missed from this final opportunity to take part in the Government Consultation, coming very soon!

Dumplin

This is the email I sent to the landowner, should I basically include all this as well ?

Should I also mention I was not parked I was making a delivery as defined in Jopson ?

Email to landowner

I was passed your details by Bryan Young the Centre Manager for the Harvey Centre, Harlow and previously Little Walk Shopping Centre.

I am writing regarding Parking Charge Notice Number 4265832 for Vehicle Registration EA67 ZFT allegedly incurred 13th March 2020 from UK Car Park Management Ltd following a delivery made to the Cork & Skewer Restaurant in Little Walk, Harlow, CM20, Little Walk Shopping Centre. I understand that Strawberry Star are the current land owners of Little Walk Shopping Centre.

I had never been to the land behind the shops at Little Walk Harlow before this delivery. You may or may not be aware this is the rear of a large parade of shops where numerous deliveries a day are made.

I was requested to deliver a birthday cake to the restaurant on Friday 13th March in preparation for a 70th Birthday party the following evening, the cake was of significant size and quite heavy.

After setting down the cake and leaving the premises, I noticed the signs indicating that vehicles be registered and pre-authorised to park, as there is no concierge, ticket machine or office on site I returned to the restaurant and confirmed with the owner whether I needed to take any action and they assured me I did not as I had express permission from them to be there to make the delivery. 

On receipt of the Parking Charge Notice from UK Car Park Management Ltd, an appeal was lodged and in addition the restaurant owner contacted UK Car Park Management Ltd. 

UK Car Park Management Ltd has not considered any of the above facts and has rejected the appeal, the restaurant owners contact has also been ignored. A Debt Recovery letter has now been issued from Debt Recovery Plus Stating they have recommended to UK Car Park Management Ltd to start court action.

UK Car Park Management Ltd refuse to provide details of any arrangements for deliveries, however I cannot believe that the numerous suppliers making deliveries including couriers to the numerous businesses are required to register and pre-authorise their individual vehicles that are turning up at random times throughout the day, that to me seems unreasonable and completely unworkable. Having never visited here before there was no way of being aware or being able to become registered and pre-authorised prior to making the delivery.

I am seeking advice whether the Parking Charge Notice and site signage is in accordance with the governing regulations regarding visibility and timescales. The Parking Charge Notice was issued more than 14 days from the date of alleged Parking Charge Date.

Having read the above, as the land owners and as a goodwill gesture I would appreciate it if you could contact UK Car Park Management Ltd and request that this fine and further action is quashed.  

Thank you for taking the time to read the above and I look forward to hearing from you.

Redx

Dumplin said:

Thank you.
I have corrected acronyms.
I dont have the V5 anymore I sold the car? a copy of a utility bill? but whats redacted?

Add copies of 2 recent redacted utility bills or similar , but not your passport or driving licence , too much information

Redact any monetary totals or sensitive information or references , but leave the name and address and date showing

Coupon-mad

Should I also mention I was not parked I was making a delivery as defined in Jopson ?

Of course!  All the facts.

Dumplin

Coupon-mad said:

Should I also mention I was not parked I was making a delivery as defined in Jopson ?

Of course!  All the facts.

Thank you,

I'll redraft and post later or tomorrow.

Feeling calmer already

Dumplin

This is what I was going to send as my SAR request by email referencing the PCN number

Thanks

UK Car Park Management Limited

 Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

Please supply the data about me that I am entitled to under data protection law  relating to myself, including but not limited to:

- all photos taken

- all letters/emails sent and received, including any appeal correspondence earlier

- all data held, including a full copy of the PCN,

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website isico.org.ukor it can be contacted on 0303 123 1113.

Yours faithfully