Time limit for PCN being issued?

saviola7

Hi apologies,

First time dealing with these private parking companies, and it's not very clear what process to follow or who to go to.

i appreciate everyone's time and help on the matter. 

Gr1pr

Gr1pr said:

Add that to the complaint that coupon mad told you to make, the complaint to the parking company should be made by following the link or advice listed on the right of their entry on the BPA AOS members list on the BPA website 

What is interesting is how incompetent some of these private parking companies are. !

The above told you what to do first, complaint about the PCNs to Cup Enforcement 

The other complaint to the BPA AOS compliance team was about the faulty or incorrect complaints link on the BPA AOS members list 

Once you received replies about the PCNs from CUP, only then do you complain about the PCNs and the complaints reply to the BPA AOS compliance team 

2 completely separate issues, one of which would not have been necessary if the complaints policy link on the BPA AOS members list was working correctly. That was a completely separate issue that the BPA AOS compliance team should resolve , because you cannot comply with the BPA rules if there are faulty links

saviola7

Hi All,

Just to give an update on these 2 PCN's. 

After some back and forth emails with CUP they eventually stopped responding. Of course the threatening debt collector letters started coming through the post as expected, all were swiftly torn and thrown in the bin. I escalated via BPA in December last year highlighting various breaches by CUP under BPA's Code of practice, after not hearing for a while i thought i wasn't going to have much luck with the BPA however i am pleased to say i received the email below today. result. Thanks again for everyone's input and help!!

" Thank you for your patience while I approached Close Unit Protection Services Ltd also t/a C.U.P enforcement for further information.

It might be helpful if I begin by explaining that our role as an Accredited Trade Association is to investigate alleged breaches of the Code of Practice by members of our Approved Operator Scheme. Please appreciate that our remit does not extend to compelling operators to cancel charges or becoming involved in the appeals process.

Close Unit Protection Services Ltd also t/a C.U.P enforcement has responded to advise that due to the handling of these Parking Charges they have both been cancelled (145992 & 149575) and no further correspondence should be received. We are working with the operator to ensure further training is provided to ensure that this situation does not arise again.

Thank you for bringing this to our attention and helping us to raise standards within the private parking profession. 

I have now closed this investigation.

Kind regards"

Gr1pr

Excellent result,  goes to show that a complaint to the BPA AOS compliance team can work

saviola7

I thought it was all over, looks like DCB legal think otherwise!

Got the claim letter below in the post over the weekend. Having seen previous threads about DCB legal seems to be a cowboy operation they run. 

I am currently eating in to the 14 days + 5 days before i respond. I know i must respond to the claim form which i will however Is there any point in trying to contact CUP at this point?

I have the email from Laura at the BPA confirming CUP had cancelled both PCN's.

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Gr1pr

You have between day 5 and day 19 to get the AOS done online,  no later,  so what is the issue date on the claim form   ?

If its over 5 days ago,  get it done on MCOL,  no waiting around 

Post a redacted picture of the POC on the lower left of the claim form after hiding the VRM details first too

Check that the Claimant is Cup Enforcement,  top left

Check if the pcn references of the cancelled pcns match the details in the POC 

saviola7

Issue date 02/04/25.

Can confirm claimant is CUP.

There is no PCN ref under POC however the date matches PCN 149575.

kryten3000

CUPS will probably try and take this claim all the way to a hearing, like they did for a victim I helped recently.

I would consider a counterclaim for the multiple breaches of the DPA/harassment.

Regardless, the defence must highlight the fact that these charges were cancelled by the Claimant.  This is another example proving that the Claimant isn't actually running most of these parking related claims, DCB Legal is.

Coupon-mad

saviola7 said:

So CUP cancelled two PCNs in February and DCB Legal then sued over one of them in April? We've seen this happen before but I'd like to show this evidence to the Government please. Show us:

- the CUP email showing the date/details (but no names or full email addresses) and the two PCN numbers and the fact they're cancelled;

- the claim form showing the date issued and Claimant/solicitor firms and the POC on the left (cover your data, VRM, claim no., MCOL password & Claim no., but leave the PCN numbers / dates showing, so we can all see this claim is for the one of the cancelled PCNs.

- a pic of the May 2024 PCN as well as we only have the other one on page one. DCB Legal have said they're using the POFA for keeper liability in that POC but it wasn't POFA compliant, was it?

You could add a counterclaim underneath the defence, you know. Search the forum to read one!

Think about making money from this harassing rubbish. Why should you be dragged to a hearing without a counterclaim in play? Go for it.

It is data abuse. Illegal.

A £300 Part 20 Counterclaim for data abuse under the DPA 2018 and UKGDPR 2018 would cost you about £35 if the fee hasn't gone up. And of course you'd word the CC to get all fees back too.

saviola7

Hi @Coupon-mad,

I most certainly will be entering a counter claim. Sick of this whole situation to be honest. 

Below is the email from Laura at BPA confirming both PCNs had been cancelled, i didn't receive anything direct from CUP. 

Reminder for the PCN, i never did recieve a NTK for PCN 149575 which is the one on 21/05/24.

At the bottom is the Redacted Claim form. Do find it bizarre no PCN specified under POC only a date.