Claim received for unpaid Parking Charge Notice

Afrochap

Good afternoon,

I have received a Claim Form issued on 08/03/2023 from Gladstones Solicitor Limited, on behalf of UK Car Park Management Limited for a parking fine issued on 29/08/2021.

Received a claim? Yes/No: Yes
Issue Date: 08/03/2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £300
Claimant’s Name: UK CAR PARK MANAGEMENT LIMITED
Solicitors Firm: Gladstones Solicitors Limited
Original Creditor: UK CAR PARK MANAGEMENT LIMITED
Original Debt (eg. Credit card/Loan/Overdraft) : Original fine was £100
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The driver of the vehicle with registration XXXXXXXX (the “Vehicle”) parked in breach of the terms of parking stipulated on the signage (“the “Contract”) at….. address…., on 29/08/2021 thus incurring the parking charge (the “PCN”).
The PCN was not paid within 28 days of issue. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. The claimant claims £100 for the PCN, £70 contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £25.14 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.05 per day.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute barred
List any letters you have sent (eg: CCA/ CPR ): No letter has been sent yet.

Any Other Information or Background Details: The claim is for a PCN received at my home address.
I have ignored all letters in regard to the fine and I don’t have any information in regards to it
The parking was at my home address and I do have a parking permit but it fell on the car floor that day without me noticing.

Please what can I do to fight this?

​​​​​​​Many thanks 

KeithP

Afrochap said:

Received a claim? Yes/No: Yes
Issue Date: 08/03/2023
Have you Acknowledged the Claim?: Yes

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Afrochap

KeithP said:

Afrochap said:

Received a claim? Yes/No: Yes
Issue Date: 08/03/2023
Have you Acknowledged the Claim?: Yes

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Many thanks for the response. 

AOS was filed on the 15/03/2023 (A week ago)

Many thanks 

KeithP

Afrochap said:

KeithP said:

Afrochap said:

Received a claim? Yes/No: Yes
Issue Date: 08/03/2023
Have you Acknowledged the Claim?: Yes

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Many thanks for the response. 

AOS was filed on the 15/03/2023 (A week ago)

Many thanks 

With a Claim Issue Date of 8th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 11th April 2023 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

"The claim is for a PCN received at my home address.
I have ignored all letters in regard to the fine and I don’t have any information in regards to it 
The parking was at my home address and I do have a parking permit but it fell on the car floor that day without me noticing."

It isn't a fine.

Did you appeal it at the time or raise a dispute even when you got the LBC?

Do you rent, or are you a leaseholder?

What does your lease say about parking and what info have you had about this permit scheme, was it imposed on you all after you lived there?

Did you keep the letter the permit came with?

Why did you all (residents) let it happen or were UKCPM there already when you moved in?

Afrochap

Coupon-mad said:

"The claim is for a PCN received at my home address.
I have ignored all letters in regard to the fine and I don’t have any information in regards to it 
The parking was at my home address and I do have a parking permit but it fell on the car floor that day without me noticing."

It isn't a fine.

Did you appeal it at the time or raise a dispute even when you got the LBC?

Do you rent, or are you a leaseholder?

What does your lease say about parking and what info have you had about this permit scheme, was it imposed on you all after you lived there?

Did you keep the letter the permit came with?

Why did you all (residents) let it happen or were UKCPM there already when you moved in?

Many thanks for your time and response.

No I did not appeal it.

I am a leaseholder and I bought post parking restrictions

I've just gone through my leasehold again and it does mention parking restrictions. As I mentioned in my original post I usually have the permit on my dashboard but on this occassion it fell on the floor of the car without me noticing.

the permit was issued in 2019 when I moved in and I cannot locate the letter the permit came with.

What did you mean by it isn't a fine?

Many thanks 

Coupon-mad

Well...it's certainly not a fine, is it?  I thought everyone knew that the private parking industry is rogue and they don't issue fines or penalties!

It's just an invoice and no-one here would have agreed to that self-serving 'permit' regime being imposed.  Should have opted your bay out if you have an allocated bay.  UKCPM are an infestation; a blight on your property and residents' peace of mind.

People here would describe it as a scam invoice.  However, sadly you can't ignore bullyboy ex-clampers because these rogue firms abuse the court system to "frighten & intimidate" victims into paying when you don't have to.  We beat UKCPM in Court all the time.

This is no different than all the other residential 'own space' threads.  We have hundreds here - search the forum!

In particular there's a recent thread (below) all about a poster fighting UKCPM and looking to kick them out.  Read it ALL and it will open your eyes to realise what you and the other leaseholders should have done years ago:

https://forums.moneysavingexpert.com/discussion/6408213/uk-cpm-new-infestation-on-private-estate/p1

I've just gone through my leasehold again and it does mention parking restrictions. 

Please show us a photo of that section and any other section in your lease that talks about your 'right' to use that bay (or the parking or 'common' areas on a 'first come first served' basis if the bay is not individually allocated to you).

And anything about your 'right to peaceful enjoyment'.

And anything about what rights the managing agent has to 'make regulations'.

Afrochap

Coupon-mad said:

Well...it's certainly not a fine, is it?  I thought everyone knew that the private parking industry is rogue and they don't issue fines or penalties!

It's just an invoice and no-one here would have agreed to that self-serving 'permit' regime being imposed.  Should have opted your bay out if you have an allocated bay.  UKCPM are an infestation; a blight on your property and residents' peace of mind.

People here would describe it as a scam invoice.  However, sadly you can't ignore 'thug' ex-clampers because these rogue firms abuse the court system to "frighten & intimidate" victims into paying when you don't have to.  We beat UKCPM in Court all the time.

This is no different than all the other residential 'own space' threads.  We have hundreds here - search the forum!

In particular there's a recent thread (below) all about a poster fighting UKCPM and looking to kick them out.  Read it ALL and it will open your eyes to realise what you and the other leaseholders should have done years ago:

https://forums.moneysavingexpert.com/discussion/6408213/uk-cpm-new-infestation-on-private-estate/p1

I've just gone through my leasehold again and it does mention parking restrictions. 

Please show us a photo of that section and any other section in your lease that talks about your 'right' to use that bay (or the parking or 'common' areas on a 'first come first served' basis if the bay is not individually allocated to you).

And anything about your 'right to peaceful enjoyment'.

And anything about what rights the managing agent has to 'make regulations'.

Many thanks for your time once again.

I will look through my Leasehold today and take pictures of the pertinent sections you've asked for. in the meantime below is the draft of the SAR I'm sending to UKPCM. Should i send to their listed email address "info@uk-cpm.com" or use their provided "General Enquiry" form? Please what do you reckon?

I will also follow this up with an email to Gladstones using their listed email address "enquiries@gladstonessolicitors.co.uk"


SAR LETTER - 

 

24/03/2023

 

UK Car Park Management Limited

49 Station Road

Polegate, England

BN26 6EA

 

 

Dear Sir or Madam,

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

Name - Joe Bloggs

Address - UK

VRN – AB12CDE

 

Please supply the data about me that I am entitled to under data protection law relating to myself. In particular the following –

·        all photos that were taken.

·        all letters/emails sent and received, including any earlier appeal correspondences.

·        all data held, all evidence regarding any PCN issued to myself at the address listed above, including full copies of all PCN (Parking Charge Notices) and NTK (Notice To Keeper)

·        a list of all outstanding PCNs against me and/or of the above-mentioned VRN. I would like to remind you that any claim from you MUST be for all PCNs

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 DPO (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 is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

[Signature]

 

Umkomaas

If you need any more data from me to confirm my identity please let me know as soon as possible.

Leave that bit out, it just offers them the opportunity to delay matters and putting you to the inconvenience of having to communicate again with them. Just send them a copy of your V5C (logbook) and a copy of the PCN they have issued to you, or a redacted copy of a utility bill confirming your address.

B789

Afrochap said:

What did you mean by it isn't a fine?

Have a careful read through ALL the correspondence you have received about this matter and count the number of times the word "fine" appears on it. Please do tell us the answer.

Regarding your speculative invoice for an alleged debt...

A template SAR can be found here. No need to post any adaptation of it here for review.

https://www.dropbox.com/s/8pgbnze8uauvyrs/subject_access_request3.pdf?dl=0

Le_Kirk

Send your SAR to dpo@uk-cpm.com