NEED ADVISE ON TICKET AND CANT FIND ANSWERS

Coupon-mad

i've foolishly filled in a defence in the defence box and explained all what happened above.

What does your Mcol History show that your defence said, verbatim?

Copy & paste it in a reply so we can see.

correedee

I can't get in to my mcol history, however I managed to find the land owners and wrote to them, explaining the situation , I forgot to add I have a blue badge which was displayed. 

I sent the proof off with everything else and outlined the law that states they must give time for it could be discriminatory. 

I received an email yesterday which I responded, I now have received one today. I'll post them, but basically saying I will have to pay the admin or a lower settlement to dbcl, what should I do , proceed to court or pay ?

Coupon-mad

How much are they saying? Show us the letter with your data redacted.

correedee

THEIR REPLY

Good afternoon

I have been contacted by the site managing agent - regarding the open parking charge which was issued in December 2023.

This charge, as you know - has escalated past Debt Recovery status and into legal/litigation status.

I reviewed the contents of your e mail regarding the circumstances of the charge being issued - if an appeal had been made - the charge would not have escalated to the status it is at now.

As a gesture of goodwill I have requested our legal team to reach out to DCBL regarding a possible settlement or reduction of the charge amount at this point - I have been informed that DCBL are unable to withdraw action at this time due to the process - but as soon as it is allocated to the Small Claims - they will be able to withdraw then and update us.

At that point I will come back to you with the outcome and hopefully be able to offer you a reduction of the charge

Coupon-mad

OK wait and see but don't pay any money.

correedee

My response yesterday

Hi Pauline,

Thank you for your efforts to overturn this charge, I take all your comments into account including the possibility of having appealed this early on it may not have come to this point if where we are today, however you would have seen in your review of my content you would see that I never had the opportunity of an appeal 

Firstly there is the new c2  train that is being build directly unfront of my house , the roads had been blocked for sometime which meant mail was severely delayed or even lost as Royal Mail couldn't access  the street at times and refused to deliver on foot. 

This reason alone was a major cause, I have literally received yet another charge that I never even had notification of this AT ALL and this was a McDonald's drive through , the driver told to wait for food and now another claim issue. It's just not right.

 In the first instance regarding this charge I had gone directly to the retailer at the first opportunity who then  had assured me that this would definitely be cancelled and even giving me even more reassurance that there were many in the same situation as I had been and they in turn had all charges overturned.

I tried on every effort to contact all the parties involved including dcbl who didn't want to hear anything about it except pay or court.

I am prepared to go to court if it comes to this because in no way means I should ever have been issued this in the first place , I have my defence and willing to go all the way, especially now with the  legal advise that I've already had to pay for.

My submission of the evidence I provided to the site manager was to give ukpc the chance to stop this nonsense and trying to scheme money for reasons that are unlawful .

If they do come back with a lower settlement, it will be something that I would not be choosing.

To charge someone who had good faith and intentions of shopping and slap a charge because the car park times had not been updated is just wrong 

I do look forward to hearing from you with news of a withdrawal because anything else would just not be acceptable 

K smith

correedee

Their response 

Good evening

As the charge was issued correctly (for parking outside of the permitted parking hours) - and an appeal was not made nor any correspondence received by UKPC in regards to the charge - due to the admin costs already incurred by UKPC due to this - I am unable to cancel the charge.

As stated by yourself previously - you did receive the Notice to Keeper or Final to Keeper on the 28th December - which still gave you adequate time to appeal the charge and provide evidence of our site use to our appeals department - which could have been submitted online - or by post.

If you would like me to inform DCBL at this stage that you do not require a reduced charge amount/or settlement figure - I will withdraw our legal teams request to them to withdraw action at the Small Claims court - and we will let the matter proceed - and allow you to defend the claim.

I will wait to hear from you regarding your decision

Thank you

[Removed by Forum Team]

Account Executive

Email: [Removed by Forum Team]

Voyager House, Mercury Park,

Wycombe Lane, Wooburn Green, High Wycombe

HP10 OHH

Web: ukparkingcontrol.com

Intelligent

Coupon-mad

Dear Pauline,

I am happy to read that your legal team has emailed (or is minded to email) DCB Legal to withdraw the claim. Kindly copy me in so I can see what has been said.  If the email has already been sent to DCB Legal, please send it to me now.

As it includes my data I am entitled to see it under my SAR rights.  You cannot use the email to force me to pay a sum of money, by the way, nor to make me feel under pressure that I have to 'make a decision'.

Yours sincerely

correedee

Coupon-mad said:

Dear Pauline,

I am happy to read that your legal team has emailed (or is minded to email) DCB Legal to withdraw the claim. Kindly copy me in so I can see what has been said.  If the email has already been sent to DCB Legal, please send it to me now.

As it includes my data I am entitled to see it under my SAR rights.  You cannot use the email to force me to pay a sum of money, by the way, nor to make me feel under pressure that I have to 'make a decision'.

Yours sincerely

Thanks for that , I just sent this over to the wicked Pauline now ..... let's see what she comes back with , it seems to me that they know that they effed up , they didn't want to hear of what I had to say in previous correspondence directly from me, and constantly kept referred to the charge being issued correctly , as soon as they received the info from the management containing the info of the discriminations act they changed their tune, maybe they will fall short of having to cover the dcbl fees instead to why they won't let all go  , who knows

correedee

correedee said:

Coupon-mad said:

Dear Pauline,

I am happy to read that your legal team has emailed (or is minded to email) DCB Legal to withdraw the claim. Kindly copy me in so I can see what has been said.  If the email has already been sent to DCB Legal, please send it to me now.

As it includes my data I am entitled to see it under my SAR rights.  You cannot use the email to force me to pay a sum of money, by the way, nor to make me feel under pressure that I have to 'make a decision'.

Yours sincerely

Thanks for that , I just sent this over to the wicked Pauline now ..... let's see what she comes back with , it seems to me that they know that they effed up , they didn't want to hear of what I had to say in previous correspondence directly from me, and constantly kept referred to the charge being issued correctly , as soon as they received the info from the management containing the info of the discriminations act they changed their tune, maybe they will fall short of having to cover the dcbl fees instead to why they won't let all go  , who knows

correedee said:

Coupon-mad said:

Dear Pauline,

I am happy to read that your legal team has emailed (or is minded to email) DCB Legal to withdraw the claim. Kindly copy me in so I can see what has been said.  If the email has already been sent to DCB Legal, please send it to me now.

As it includes my data I am entitled to see it under my SAR rights.  You cannot use the email to force me to pay a sum of money, by the way, nor to make me feel under pressure that I have to 'make a decision'.

Yours sincerely

Thanks for that , I just sent this over to the wicked Pauline now ..... let's see what she comes back with , it seems to me that they know that they effed up , they didn't want to hear of what I had to say in previous correspondence directly from me, and constantly kept referred to the charge being issued correctly , as soon as they received the info from the management containing the info of the discriminations act they changed their tune, maybe they will fall short of having to cover the dcbl fees instead to why they won't let all go  , who knows

correedee said:

Coupon-mad said:

Dear Pauline,

I am happy to read that your legal team has emailed (or is minded to email) DCB Legal to withdraw the claim. Kindly copy me in so I can see what has been said.  If the email has already been sent to DCB Legal, please send it to me now.

As it includes my data I am entitled to see it under my SAR rights.  You cannot use the email to force me to pay a sum of money, by the way, nor to make me feel under pressure that I have to 'make a decision'.

Yours sincerely

Thanks for that , I just sent this over to the wicked Pauline now ..... let's see what she comes back with , it seems to me that they know that they effed up , they didn't want to hear of what I had to say in previous correspondence directly from me, and constantly kept referred to the charge being issued correctly , as soon as they received the info from the management containing the info of the discriminations act they changed their tune, maybe they will fall short of having to cover the dcbl fees instead to why they won't let all go  , who knows

Hey coupon-mad 

so I sent that message you kindly drafted and I just had a reply , it reads ,

Good evening

I have escalated your email/request to the legal department who have advised me as follows:

 

“Personal data is exempt from the right of access if it consists of information to which a claim of legal professional privilege applies. Communications between UKPC and its external legal advisors concerning an ongoing litigation falls within legal professional privilege.

 

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/right-of-access/what-other-exemptions-are-there/#exemption3

 

Further, any communication  with the external legal advisors will be making reference to the court claim number or PCN number (rather than the name of the motorist), a court claim number and PCN number is not personal data”

 

As such you will not be provided with a copy of communications between UKPC and its external legal advisors.

To clarify - would you like me to ask the third party for the status of the charge and a possible settlement figure - if you do not require this - I will cease any intervention and allow you to liaise with the third party directly. 

Thank you

i don't really know what to make of it 😬