UKPC charge for "commercial vehicle" parking

Coupon-mad

Send them less than half of that.

The complaint should be succinct.

This isn't an appeal so they don't need to know half of that or whether there was a period of parking on the 'PCN'.

NotMyName51

Subject: Formal Complaint – UKPC PCN Issued in Error – Lewisham Retail Park

Dear Sir/Madam,

I write as the registered keeper of vehicle [registration].

Your parking contractor, UK Parking Control Ltd (UKPC), has issued a Parking Charge Notice alleging:

“No commercial vehicle permitted on site.”

The vehicle is registered with the Driver and Vehicle Standards Agency as Vehicle Category M1 (passenger vehicle). It is not a commercial vehicle and does not fall within any recognised commercial vehicle classification.

Accordingly, the PCN has been issued in error.

As principal, you are jointly and severally liable for the actions of your agent.

Given that no breach occurred, there was no reasonable cause to obtain my keeper data from the DVLA. Continued processing of my personal data therefore engages liability under UK GDPR and the Data Protection Act 2018.

The driver will not be identified.

Please confirm within 14 days that:

1. The PCN has been cancelled; and
2. My personal data has been erased from your agent’s systems.

Failing this, I will consider formal complaints to the ICO and DVLA regarding unlawful data processing.

I trust this matter can be resolved promptly.

Yours faithfully,
XXXXXX
Registered Keeper

Coupon-mad

Don't put this to the landowner as they don't need to know:

"The driver will not be identified."

I would start by asking if they are happy that there is no warning about the 'no commercial vehicles' term at the entrance, therefore people have to drive in to read the terms. This is entrapment, given how fast the predatory ticketer is taking photos then running away to hide in their own car.

Are they happy that their agent is issuing PCNs by post (not on windscreens) after lurking and taking covert photos for less than 30 seconds?! No driver can possibly manage to read the terms on a sign and have a fair chance to leave. This is clearly a predatory operation and not a shining example of fair parking management, so why isn't there at least a 5 minute consideration period to let people read the terms?

NotMyName51

I have amended the email draft as suggested. I will also need to first send an email to Lewisham Council's Planning department to ascertain who manages the site, as this information does not seem to be available online.

Subject: UKPC Conduct at Lewisham Retail Park

Dear Sir/Madam,

I write as the registered keeper of vehicle XXXXXXX regarding a Parking Charge Notice issued by your contractor, UKPC, for “No commercial vehicle permitted on site.”

Before addressing the classification of the vehicle, may I ask whether you are content with the way your agent is operating on your land.

There is no warning at the entrance that “commercial vehicles” are prohibited, meaning drivers must enter the site before being able to read that term. UKPC then appear to take covert photographs within seconds and issue postal PCNs without allowing any realistic opportunity to read the signage and leave.

In this case, photographs were taken within approximately 30 seconds — plainly insufficient for any driver to locate, read and consider the terms.

For completeness, the vehicle is registered with DVSA as M1 (passenger vehicle) and is not a commercial vehicle in any recognised classification.

Please confirm that this PCN will now be cancelled.

I trust you will wish to review this conduct to avoid potential regulatory concerns.

Yours faithfully,
XXXXXXX
Registered Keeper

Gr1pr

DVLA, not DVSA

Coupon-mad

Google tells you it's no longer owned by L&G and was sold to Amro Partners:

https://www.newsshopper.co.uk/news/25697838.lewisham-retail-park-major-redevelopment-plans-submitted/

Have a dig around for the planning application, which might name someone.

James_Poisson

"For completeness, the vehicle is registered with DVSA as M1 (passenger vehicle) and is not a commercial vehicle in any recognised classification"

Vehicles are not registered with the DVSA, the DVSA only set the categories and standards of registration, they do not hold the database. The DVLA use those categories and standards to compile their data base and the V5C details sent to the registered keeper.

You need to keep the facts correct in any correspondence or it will be rubbished.

Also if the land owner has changed I doubt anyone has made a new contract with the UKPC goons.

NotMyName51

https://forums.moneysavingexpert.com/discussion/comment/81889078#Comment_81889078

Yes, I knew about AMRO but didn't think they'd be the right place to send my complaint to as I read there'd usually be a managing agent in charge of dealing with the day to day, including things of this nature. Info on who manages the site doesn't seem to be available though and I have emailed the planning department for this information. Fingers crossed I will get a response soon or I will try emailing AMRO directly.

Coupon-mad

Yes try Amro.

NotMyName51

Good morning clever people. I have contacted AMRO and the planning department who confirmed Savills are the managing agent. Savills have come back to me and said that while they help with the redevelopment, they are not acting as managing agent. AMRO confirmed they will redevelop the site but don't yet own it. It seems nobody knows who actually owns and manages the land at this moment in time, including the panning department. The 28 days are up next week and my feeling is to not waste any more time. Should I write directly to UKPC now? Do I submit a complaint to them, a rebuttle or appeal at this stage?