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UKPC ticket, have I messed up?

2

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,275 Forumite
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    edited 13 September 2016 at 5:20PM
    Shortly after [STRIKE]the issue of an invoice from a UKPC 'employee' warden,[/STRIKE] I was made aware of the 'PCN', as the registered keeper of the car and knowing the payment WAS made by the driver, I requested the CCTV of the car park from the Coventry University Protection Service. This request was once denied over the phone and I was then told via email that a technical error had prevented this footage from being retrieved. Therefore, if UKPC/DRP do in fact have a copy of this footage I would suggest that following the driver of XXXX XXX on video from the car to the ticket machine should suffice as evidence that payment was in fact made. And of course, release of such data to you as a third party would be a serious breach of the Data Protection Act. So please confirm - do you or UKPC hold CCTV images and who supplied and when? I will of course make a complaint to the Information Commissioner if images of the driver and/or my car have been shared, stored or processed by you or UKPC.

    Finish your email by adding a 'Section 10 Notice' statement about the DPA and giving them 21 days to remove your data from their (UKPC and DRPlus) systems. To find that wording, search this forum board for 'Section 10 DPA 21 days'.

    It is up to you if you make an offer but I do not see why you should, if the driver paid & displayed...you owe nothing.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »

    Finish your email by adding a 'Section 10 Notice' statement about the DPA and giving them 21 days to remove your data from their (UKPC and DRPlus) systems. To find that wording, search this forum board for 'Section 10 DPA 21 days'.

    I've found the wording for this on the forums but only on posts about cases in scotland, am I still OK to use this as the case is in England?

    Also reading about Section 10 of the DPA, do I have to provide evidence of distress being caused by their usage of my details?
    Coupon-mad wrote: »
    It is up to you if you make an offer but I do not see why you should, if the driver paid & displayed...you owe nothing.

    I saw that offering settlement worked in favour of a driver in a case, howeverI do agree that it somewhat waters down the letter so will remove it for now.

    Once again thank you for your help.
  • Connor1234
    Connor1234 Posts: 26 Forumite
    edited 15 September 2016 at 5:30PM
    Did a load of reading about the DPA and Section 10 notices, I've compiled a letter I believe is pretty good. My section 10 is compliant with all the requirements to make it successful so hopefully, maybe, just maybe UKPC will give up (I even amused myself a little there)

    Dear Sir/Madam

    I am writing to you regarding your letters requesting collection of perceived ‘debt’ on behalf of UKPC for an accused breach of contract by the driver of XXXX XXX on the 3rd February 2016 in the Gulson Road Car Park adjacent to Coventry University.

    As the vehicle’s registered keeper I write to formally dispute this PCN and to assert my right to insist you cease and desist with processing my data as you have no lawful cause to store or use it, I deny any wrong doing, parking was fully paid by the driver and UKPC incurred no losses. I have received your letters which are designed to scare me into payment despite, as proven in this letter, you have no grounds to believe that I owe you money. As I do not permanently reside at the address stated my post is opened by a family member and your persistent contact is causing un-needed distress to this family member who has a chronic disease.

    On this date, the driver of XXXX XXX parking paid to the correct cost of £2, UKPC incurred no perceived or actual financial loss. I have both the ticket and the card receipt for this transaction which you can find attached, I also have both a bank statement to reinforce this and the card referenced on the receipt.

    The images provided by UKPC are of poor quality and are ambiguous, the glare on the windscreen from the sky and reflections on water drops make the images unclear and nearly impossible to gain any meaningful interpretation from. UKPCs history of doctoring images also serves to discredit these already poor quality images.

    I was made aware of the PCN, as the registered keeper of the car and knowing the payment WAS made by the driver I requested the CCTV of the car park from the Coventry University Protection Service to use as evidence, this request was once denied over the phone and I was then told via email that a technical error had prevented this footage from being retrieved. If UKPC/DRP do in fact have a copy of this footage I would suggest that following the driver of XXXX XXX on video from the car to the ticket machine should suffice as evidence that payment was in fact made.

    I firmly believe that as the registered keeper of XXXX XXX I owe no money to UKPC or DRP and the driver on the day is clear of any wrongdoing. I have complained to the land owner and I am also in talks with Coventry University and have requested that the issue be dealt with internally.

    As per the DPA I am sending you a section 10 notice. I do not consent to UKPC, DRP or any of your agents storing or processing my details. The processing of my details is entirely unnecessary in contractual terms, even if there had been a contract the driver complied entirely and as my car is no longer on UKPC managed land this contract is over. However, I dispute whether a valid contract was ever agreed as signage was inadequate, unclear and over head height. UKPC are not under any legal obligation to process my data and UKPC have absolutely no reason to believe that processing my data is necessary to protect my vital interests. You must consider this a Section 10 Notice under the DPA. I expect to hear no more about it, save for your confirmation within 21 days, that you have complied with the DPA requirement to cease processing my data and that of my vehicle and to delete the information from your records. Should you fail to comply with this request I will strongly consider taking legal action against UKPC as this Section 10 request is entirely compliant with Schedule 2 of the DPA. Thank you for your cooperation.

    regards, Connor

    What do you think, I'm quite proud!
  • Coupon-mad
    Coupon-mad Posts: 131,275 Forumite
    Name Dropper First Post Photogenic First Anniversary
    You can be proud of that work of art!

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • DRP got back to me, no prizes for guessing they said no!
    This is their reply, I'm struggling to work out if it's an auto rejection letter or something actually tailored to me? It's a tad long so I've cut out all the payment details etc, which are no use in this instance.



    Thank you for your email regarding the above Parking Charge Notice (PCN).

    The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available.

    However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.

    My findings

    The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that all vehicles must be parked in an authorised manner.

    On the date in question, the vehicle was parked in an unauthorised manner and a PCN was correctly and legitimately issued.

    Please find photographic evidence attached.

    Legitimacy

    I would like to make clear that Debt Recovery Plus Ltd is a legitimate debt recovery company (registered with Companies House) and we are members of the British Parking Association (BPA) and the International Parking Community (IPC). Furthermore, we are enrolled on the Data Protection Register (Reg No: Z1583570) and, as such, are authorised to request and handle the information in our possession.

    Company Number: 6774150
    Data Protection Number: Z1583570
    Registered keeper liability

    As you failed to provide the driver’s/hirer’s contact details within the stipulated timeframe, liability now rests with the registered keeper of the vehicle (see section “More Information” for a detailed explanation).

    What you need to do now

    Please ensure that £140.00 is paid by 12/10/2016.

    What will happen if you do not pay what you owe

    If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance.

    What if you do not agree

    Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.

    More information

    This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.
    In accordance with page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges, the alleged driver’s details have to be provided within 28 days of the notice to keeper alongside a serviceable address for the driver (i.e. within the legal jurisdiction of where the contravention occurred [England and Wales]). If both of these conditions are not met, the liability cannot be passed on and will remain with the registered keeper. As you failed to provide the above within the stipulated timeframe, liability now rests with you as the registered keeper of the vehicle.
    Payment Methods

    Kind Regards"
  • Fruitcake
    Fruitcake Posts: 58,217 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 28 September 2016 at 11:42AM
    Connor1234 wrote: »
    More information

    This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.
    In accordance with page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges, the alleged driver’s details have to be provided within 28 days of the notice to keeper alongside a serviceable address for the driver (i.e. within the legal jurisdiction of where the contravention occurred [England and Wales]). If both of these conditions are not met, the liability cannot be passed on and will remain with the registered keeper. As you failed to provide the above within the stipulated timeframe, liability now rests with you as the registered keeper of the vehicle.
    Payment Methods

    Kind Regards"

    The bit I have highlighted in blue is irrelevant as this alleged event occurred on private land. This is misrepresentation of authority.

    The bit I have highlighted in bold is a blatant lie. The driver's details may be requested, but they do not have to be given. Any legitimate company would know this.

    Complaints should be made about these statements as well as their failure to act on your section 10 request.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake wrote: »
    The bit I have highlighted in blue is irrelevant as this alleged event occurred on private land. This is misrepresentation of authority.

    The bit I have highlighted in bold is a blatant lie. The driver's details may be requested, but they do not have to be given. Any legitimate company would know this.

    Complaints should be made about these statements as well as their failure to act on your section 10 request.

    Oh wow, that's fantastic, complaints to DRP themselves or to the BPA and a Debt Recovery Authority?
  • Back again, about to reply to DRPs email.

    "I'm unsure if this is simply an automated response but I am disappointed with your reply for the following reasons.

    1. Your reply makes absolutely no reference whatsoever to my Section 10 notice, despite the fact you are required by the data protection act to give response in 21 days. I find your email vague and as there is no reference to my Section 10 notice I am not satisfied that you have met the requirements of Section 10 of the DPA, which as you stated yourself, as a member of Data Protection Register you would be expected to know this.

    2. Your reply cites "page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012". This only applies to Authorities such as the council, police etc. This is an unacceptable misrepresentation of authority.Your efforts to deceive only serve to further strengthen my case in a Section 10 request.

    I have complained to the BPA, the ICO and Coventry University (Landowner)."

    Does this sound OK? have I missed anything?

    Thanks in advance
  • Fruitcake
    Fruitcake Posts: 58,217 Forumite
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    Connor1234 wrote: »
    Back again, about to reply to DRPs email.

    "I'm unsure if this is simply an automated response but I am disappointed with your reply for the following reasons.

    1. Your reply makes absolutely no reference whatsoever to my Section 10 notice, despite the fact you are required by the data protection act to give response in 21 days. I find your email vague and as there is no reference to my Section 10 notice I am not satisfied that you have met the requirements of Section 10 of the DPA, which as you stated yourself, as a member of Data Protection Register you would be expected to know this.

    2. Your reply cites "page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012". This only applies to Authorities such as the council, police etc. This is an unacceptable misrepresentation of authority.Your efforts to deceive only serve to further strengthen my case in a Section 10 request.

    I have complained to the BPA, the ICO and Coventry University (Landowner)."

    Does this sound OK? have I missed anything?

    Thanks in advance

    Yes. You have missed the bit about them saying you HAVE to give them the driver's details. This is not correct. It is in fact a lie.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake wrote: »
    Yes. You have missed the bit about them saying you HAVE to give them the driver's details. This is not correct. It is in fact a lie.

    Ah ok, I referenced the law but I'll make it more clear, thank you!
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