Claim against UKPC for their unreasonable behaviour and misuse of data - Update: I WON!

dxbcc

Castle said:

The BPA requires their members to keep details of all Appeals, (23.13), and Complaints, (23.26), for 36 months under version 9 of their Code.

Quite. They claim to have redacted most of the personal data which is possible, but I can prove (and they have admitted) that they still keep the VRM. The ICO is very clear this constitutes PII in this context, so they do hold some either way.

I suspect that this clause (and the other one mentioned above) also means they still have the original ANPR images, but I don't think that adds anything that the VRM alone doesn't, and they're not clear enough in the copies I have to be sure that I am identifiable from them.

dxbcc

Status update: I have the SAR results from the DVLA, UKPC did submit separate requests for each parking charge.

The DVLA also responded to my FOI request, the KADOE contract for UKPC as of January 2024 is here if it's of use to anyone else: https://www.whatdotheyknow.com/request/kadoe_contract_for_ukpc

Finally, and most importantly, UKPC received 2 copies of my LBC (one to existing correspondence address, one to company registered address, both sent signed for and confirmed received). I gave them 28 days, and they have failed to respond at all, even allowing for any postal issues. I've just submitted the claim via MCOL, and have detailed particulars ready to post.

dxbcc

I received their defence today. They're putting a lot of emphasis on how it's not their fault the site management mixed up my number plate, and claiming that the parking charges were validly issued for breach of terms and conditions. I was parked in a building specific private car park with the express permission of the leaseholder / management agent. 

Their internal process failures (and ANPR camera that reads vehicles too early) are unfortunate but their terms never applied so I could never have been in breach of them, and that unpicks almost all of their defence.

For added fun they've claimed that they were unable to comply with the SAR because they no longer have the photographic evidence or copies of the notices or the appeals. That means they're not complying with the BPA CoP audit requirements. They've also stated they believe the view of the ICO that VRMs stored for parking enforcement purposes are personal data is "not relevant". An interesting choice.

I've successfully defended a claim before but this is my first case as claimant and a question I have for those of you with more court experience: A reply to defence is optional, and possibly has some downsides if I miss something. Is it better to reply and refute their points, or just supply the contradictory evidence with my WS and leave it for court? Is a judge likely to look positively on a reply or be annoyed at the extra paperwork?

Castle

dxbcc said:

I've successfully defended a claim before but this is my first case as claimant and a question I have for those of you with more court experience: A reply to defence is optional, and possibly has some downsides if I miss something. Is it better to reply and refute their points, or just supply the contradictory evidence with my WS and leave it for court? Is a judge likely to look positively on a reply or be annoyed at the extra paperwork?

Leave it, (unless a judge requests it), hopefully the ICO will come back to you before you have to produce your WS.

dxbcc

Probably no surprise that mediation (late last year) was not productive. Court hearing is currently scheduled for the week after next. UKPC were late delivering their WS to me - I'm not sure if they got a copy in to the court on time but their evidence helps me more than them because of some easily proven errors in their site plan. I've pointed this out to them and suggested they may want to settle rather than wasting the court's time but no response so far.

This is being dealt with by their in-house team, but they have said they're not planning to send anyone to the hearing. That is a bit frustrating as there are some questions I was hoping they'd be under pressure to answer, but hopefully this will work in my favour.

Coupon-mad

Don't think we've seen an in-house UKPC case actually make it to a hearing. Could be wrong.  They've also stopped litigating new cases AFAIK. Not seen any for months!

dxbcc

Interesting, I wonder what they do all day? It's certainly not getting things in the post on time.

Coupon-mad

I get the impression their legal team hasn't worked out. You'd have expected court claims throughout the past year but they just stopped.

LDast

Saying that UKPCs has a so called "in house legal team" is a misnomer. It's akin to calling a puddle the Atlantic Ocean – a laughable exaggeration that collapses under scrutiny. Their incompetence isn't just apparent; it's practically their defining feature.

Car1980

How much is your claim for?