LBC sent to old address despite informing PPC of move 14 February at 3:34PM in Parking tickets, fines & parking 14 replies 126 views

ltcdestiny123

Hi all,

Thanks so much for all the helpful information on this forum. I’ve been following the advice in the newbies sticky thread ever since April last year when my partner received a PCN from UK Car Park Management while we were moving some of her belongings into my flat.

The PCN was issued through the post rather than as a window ticket. We missed the window to appeal because we hadn’t updated her V5C to the new address (my flat). On discovering the ticket which had been sent to her old address, followed by the first of many debt collector letters, we informed UKCPM of her change of address and asked them to cancel the ticket considering the circumstances (loading not parking) and in light of the Jopson vs Homeguard case. They obviously refused to cancel the ticket and spun us some nonsense about it being with the debt collectors and nothing more they can do, but they did send this reply to the new address.

However, we continued to receive debt collector letters to the old address, and have now received a LBC from Gladstones solicitors, again to the old address rather than the new one.

We are preparing to send the SAR and email to Gladstones Solicitors as advised on the newbies thread, but we are hoping there may be an easier way to end this saga given they have now served the LBC to the incorrect address, breaking their code of practice which requires them to serve at the correct address. Does this seem like something that might be possible, or would we have to wait for an actual court claim to be filed at the wrong address before it breaks their code of practice? Any help would be amazing, thanks in advance!

We are also preparing an email to our MP, and are trying to find out who the landowner is, as it is unconnected to the freeholder of the flat building itself. 

Le_Kirk

Send a Data Rectification Notice to the DPO of the PPC (all acronyms in the NEWBIE sticky) advising them of the new address for service and requiring them to inform all their agents and subcontractors and to ERASE the old data.  The DPO e-mail address can be found on the privacy page of the PPC's Web site.

ltcdestiny123

Thanks @Le_Kirk. Does this mean it’s likely they will just re-send the Letter Before Claim to the new address? Should I wait for them to do this before further action (sending the SAR and email to Gladstones telling them I’m seeking debt advice as per the newbies thread)?

I was hopeful the breach of their Code of Practice would be enough to get them to drop the claim but I guess not?

Coupon-mad

No need for the LBC to be re-sent, because she's received it now.

But what your partner (NOT YOU) must do this week, is email Gladstone's DPO email (you will find it on their privacy page) a data rectification notice, telling THEM to erase the old address and pointing out that UKCPM already knows the new address so this is abusive misuse of (known to be old) address data.

THIS IS VITAL OR SHE'LL MISS THE COURT DEFENCE DEADLINE, BY THE CLAIM FORM GOING TO THE WRONG ADDRESS NEXT MONTH!

Separately (not to the DPO email)  your partner sends Gladstones a robust reply to the LBC.  Search the forum for one of the robust LBC replies I wrote last month. There are several.  In that robust reply, she again reiterates her new address (and demands they erase the old one immediately) to avoid improper service of any claim.

B789

@ltcdestiny123 Your SAR must go to thePPC, not Gladstones.

Can you please either show us or print here EXACTLY what the Particulars of Claim are, just redacting your VRM, name/address and PCN number. Some claims are being thrown out because the PoC has not been completed correctly and fails some of the legal requirements, rules and practice direction.

Also, if they've added "damages" to their claim, please provide details of these as explained by the Claimant (or most likely not provided or explained in breach of 16PD4.1)

Coupon-mad

There is no claim yet.

ltcdestiny123

Thanks all for your help! We will get the Data Rectification Notice, SAR to PPC, and robust response to LBC sent asap.

They have added £70 for “time/resources spent” which I assume is the same as damages:

Coupon-mad

Course they have...no chance!

Le_Kirk

From my list: -
[email protected]

ltcdestiny123

Would this be a robust enough response to the LBC?

Dear Sirs,

This email is to acknowledge your letter dated ____ regarding the claim on behalf of UK Car Park Management.

I am currently seeking debt advice, however I deny any debt and the case must be put 'on hold' for not less than 30 days under the Pre-Action Process for Debt Claims 2017. 

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon. I have sent your client a SAR, additionally I require your client to comply with pre-action procedures by sending me the following information/documents:
1. What the details of the claim are; where it is claimed the vehicle was parked, for how long,
2. Provide details of the original charge, and detail any interest and administrative or other charges added and how these have been calculated
3. Whether I am being pursued as driver or keeper
4. Is the claim for a contractual breach or trespass? Please provide details
5. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
6. A plan showing where any signs were displayed, as well as:
a. Size of signs
b. Size of font on signage
c. Height at which signs are displayed

I have also sent Data Rectification Notices to both your Data Protection Officer and UK Car Park Management’s Data Protection Officer, informing them of my correct address for service, which is _____ and demanding you and UKCPM erase my old address. I previously informed UK Car Park Management of my new address in July 2022 which was acknowledged by return letter, so for your Letter Before Claim to still be sent to my old address is abusive misuse of data which is known to be incorrect. 

Please treat this email as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.

Regarding the charge itself: as we have previously informed your client, the charge is disputed. The car was not parked, but stopped temporarily to allow the unloading of possessions safely into the flat building in which I resided with my partner. Under the lease of the flat dwelling we are granted a right to peaceful enjoyment, and parking terms under a new and onerous 'permit/licence' cannot be re-offered as a contract by a third party. This interferes with the terms of leases and tenancy agreements, none of which is your client a party to, and neither have they bothered to check for any rights or easements that their regime will interfere with.

Regarding your extortionate £70 addition for “time/resource spent on the recovery of” your Client’s unfair parking charge, your Client will know that the addition of these disproportionate administration costs are now banned and will not hold up in court. Previous judgements have ruled this and the code of practice created by the Department for Levelling Up, Housing and Communities ('DLUHC') also prohibits the levying of these additional fees.

Your client knows this claim is meritless and should be cancelled immediately. If it is not, I am more than prepared to defend this case in court.

ltcdestiny123

My only slight concern is that my partner is not named on the lease as I owned the flat before she moved in. So a slight difference to similar loading cases where the defendant is also the leaseholder themselves