UKCPS PCN

Jenks88

Afternoon,

My wife has received a pcn from UKCPS for over staying in a car park (75 minutes left at 111 minutes).

As the vehicle is a lease the pcn originally went to the lease company. Once this had been forwarded on to us I believe she had that same day to appeal. We appealed and obviously never heard anything back. However my wife does not remember if she admitted to being the driver or not (bit frustrating).

We have received a final notice letter now and as per the charge has gone up. 

I went to Costa (Peel St , Barnsley) where my wife was at the time of the charge, but they have no interest in helping out. They wouldn't even give me the landowners information.

I sent UKCPS a SAR request, to which they replied asking for confirmation of who the driver was and photo ID. I replied with conformation of our address and 2 utility bills, have not heard anything since this.

I have contacted our local MP, awaiting a response. 

I believe I am now in the waiting game of finding out what they will do next, I know debt collection letters will come, as I've had a pcn before from a different company (which disappeared after the debt collection stage)

If they pursue and go down the court route I have the template from here which will be amended to our situation. 

Is there anything at this stage I need to do?

I can post images of the letter and signage at the car park if required?

Cheers! 

Umkomaas

1. I have contacted our local MP, awaiting a response. 

2. I believe I am now in the waiting game of finding out what they will do next, I know debt collection letters will come, as I've had a pcn before from a different company (which disappeared after the debt collection stage)

3. If they pursue and go down the court route I have the template from here which will be amended to our situation. 

4. Is there anything at this stage I need to do?

5. I can post images of the letter and signage at the car park if required?

1. Good. MPs need to know the crap these pariahs are putting their constituents through.

2. Probably DCA rubbish - totally ignorable.

3. Highly unlikely that UKCPS will turn to litigation. It must be 3 years since we last saw a court case involving them. We see plenty of new threads about them since, but none has gone to a court claim.

4. I think you've done as much as you can at this stage. Open an early Christmas bottle, and let this stuff take care of itself next year.

5. We'd like to see a redacted photo of the Notice to Hirer, both sides, scrubbing personal and VRM details, but leave all dates viewable. 

Coupon-mad

I believe I am now in the waiting game of finding out what they will do next, I know debt collection letters will come, as I've had a pcn before from a different company (which disappeared after the debt collection stage).

Correct.  And as Umkomaas says, this will likely be the same.  Haven't seen UKCPS try court in years.

Jenks88

Good morning,

Hope you had a good Christmas. Below are links to the final notice letter.

https://ibb.co/w7nkB07

https://ibb.co/rc0Qfmf

Cheers!

Coupon-mad

Ignore it.

Could you show us both sides of the NTK (first letter) suitably redacted please?

And/or post your pics here:
https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-2023-parking-firm-ntks/p1

We are missing a UKCPS NTK example.

Jenks88

As the car is on a lease we never got a NTK letter, this went to the lease company, we only ever got the final notice letter. 

We today received a debt recovery letter from TRACE, which will just be getting filed away. 

Coupon-mad

Did you not get sent a Notice to Hirer?

troublemaker22

As regular readers will know, leased car PCNs are easy to beat so long as nobody reveals who was driving because no PPC (not even the supposedly well organised ones) ever send out a notice to hirer (NTH) that complies with the requirements for a NTH contained in the law known as POFA. 

Instead of just ignoring, you could email the data protection officers at UKCPS and Trace pointing out that as you are the hirer and no POFA-compliant NTH was issued and as you are not obliged to identify the driver they have no lawful reason to continue to hold or process your personal information which you require them to erase.  The addresses are:

 dataprotectionofficer@ukcps.net;

 DPO@thetracegroup.co.uk

If either of them or any other UKCPS debt collectors continue to hassle you to pay after you send your erasure demand you can consider going on the offensive with a claim for harassment and misuse of personal data under (respectively) the Protection from Harassment Act 1997 and the UK GDPR once the level of wastepaper gets to critical mass as explained by the Court of Appeal in the Ferguson case:

 https://www.5rb.com/case/ferguson-v-british-gas-trading-ltd/

Jenks88

Morning,

As far as im aware there was no notice to hirer. When this all started I sent a SAR so I will check through the paperwork and see what has been sent out. If there is no NTH I will look at drafting an email to get all the personal data held removed.

Cheers

Nellymoser

Didn't receive a NTH please consider supporting this 

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you and good luck

Jenks88

troublemaker22 said:

As regular readers will know, leased car PCNs are easy to beat so long as nobody reveals who was driving because no PPC (not even the supposedly well organised ones) ever send out a notice to hirer (NTH) that complies with the requirements for a NTH contained in the law known as POFA. 

Instead of just ignoring, you could email the data protection officers at UKCPS and Trace pointing out that as you are the hirer and no POFA-compliant NTH was issued and as you are not obliged to identify the driver they have no lawful reason to continue to hold or process your personal information which you require them to erase.  The addresses are:

 dataprotectionofficer@ukcps.net;

 DPO@thetracegroup.co.uk

If either of them or any other UKCPS debt collectors continue to hassle you to pay after you send your erasure demand you can consider going on the offensive with a claim for harassment and misuse of personal data under (respectively) the Protection from Harassment Act 1997 and the UK GDPR once the level of wastepaper gets to critical mass as explained by the Court of Appeal in the Ferguson case:

 https://www.5rb.com/case/ferguson-v-british-gas-trading-ltd/

My wife has just advised me that when she initially appealed via the website they provide she mentioned that "I went to costa and can prove i was a customer" 

As far as I'm aware this does not admit to being the driver, would I be correct assuming this?