Letter Before Claim - UKPPO

I see you have replied tonight already, but have this sort of thing in your back pocket for the next response to their drivel:

Mr XXXXXXXXXX,

Notice to Keeper is the letter sent to the address we receive from the DVLA. Under the balance of probabilities we must assume the letters were delivered, if not as we have suggested we would recommend you take this matter up with the Postal Service. I must admit to struggling to understand how approximately 24 letters have gone astray.

Regards Karen
UKPPO Legal department

Dear Karen,

A Notice to Keeper is the letter that a parking firm is required to send to the address supplied by the DVLA, if the operator is to rely upon the POFA, Schedule 4.

Under the balance of probabilities, since you continue to evade providing me with a copy of that purported document in our pre-action communications, I must assume the Notice to Keeper(s) do not exist. Alternatively, that you are withholding a copy because you know they are not POFA compliant and that you have no cause of action against me in law.

I must admit to struggling to understand how UKPPO can defend not supplying (vital to your case) copies of any NTK(s) on the one hand, yet suggesting - as if it is a good thing - that it will be your case that UKPPO bombarded me with 'approximately 24 letters'.

It is with distress that I note that your claimed amount of letters you boast that you will say were sent to me, is approximately twice as many demands than the unwarranted demands which bombarded the consumer victim in the case of Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46, where the company's course of conduct amounted to unlawful harassment contrary to the Protection from Harassment Act 1997 and they were liable to pay the defendant over £10,000 in compensation.

The persistent misuse of my data, that UKPPO bought from the DVLA for the strictly limited purpose of 'enquiring who was driving' (no more is allowed under the KADOE rules) is causing me significant distress. I have no wish to set out, for your delectation and/or discussion among your colleagues, the details of the distress and alarm your company has caused and continues to cause, but will certainly do so in a counter-claim, should UKPPO proceed with a claim against me, the registered keeper of the vehicle.

I refer UKPPO to two rulings where County Court Judges have accepted the tort of damages against parking companies with similar baseless claims for 'parking charges', namely:

(a) Claim No D6GM2199 at the County Court at Bury Court: Civil Enforcement Ltd v Mr B, where District Judge Osborne accepted the argument about a DPA breach by a Parking Company who could not hold a registered keeper liable (just like UKPPO), yet still pursued that party. He agreed £500 was not unreasonable, given the distress of demands and a court claim. He said he was disappointed in the claimant bringing an unfounded case. The Court's attention is respectfully drawn to the fact that exemplary costs of £405 (as requested) was granted. This is understood to have arisen due to the claim being found to be false and/or vexatious, or where a party is found to be guilty of misrepresentation or suppression of facts.

(b) On 16th March 2018 at Slough in case D8HW7G7P, UK Parking Control Limited v Mr S, a £500 counter-claim was granted to the successful Defendant due to data protection breaches, and at the same time, the original meritless parking charge claim was dismissed. It is my understanding that the successful party is obtaining a transcript of that decision which will be made available for other beleaguered registered keepers to use, and I will certainly adduce it in support of my counter claim for damages.

Take formal note, I require UKPPO to step back from your course of conduct and to cease and desist. You may consider this a drop hands offer and it remains open to you to accept, and to cancel the 'parking charge(s)' that - if they had any merit - you should have pursued from the party with whom you have positively identified that a contract existed.

This drop hands offer ceases to apply at 4.30pm on 30th April 2018.

Yours sincerely,