UKPC - Aylesbury Shopping Centre

Further to my post #7 I have had a protracted and frustrating email chain with the BPA. The last email sent by me on behalf of my daughter was:-


From:
XXXXXXXXXXXXXX
Sent:
11 October 2015 19:07:33
To:
BPA Gemma Dorans (gemma.d@britishparking.co.uk)
Cc:
steve.c@britishparking.co.uk (steve.c@britishparking.co.uk)



Dear Ms Dorans,

You seem to be going to extreme lengths NOT to find any wrong doing with regard to the incorrect record keeping of UKPC, which I am convinced has been communicated by them to third parties, to my detriment. It is very baffling when it is well known that UKPC have admitted to/being investigated for fraudulent activities, and have been banned by the DVLA from obtaining registered keeper details.

However, it seems that the only missing element, because presumably you do not believe the statement in the letter from JLL which begins "Additional details from UKPC......", is any direct evidence that UKPC have referred to the notice from 2012.

Hopefully you can bear with me and make just ONE assumption, that the statement in the letter from JLL referred to above, is in fact true. (By the way this letter was an attachment to an email sent to me direct from Aviva Group). I therefore hope that my reasoning emanating from this assumption is accepted by you, for the purpose of this particular communication.

I will now respond to your points stated in your email dated 9th October, although in a different order.

The first of your points I will address is:-


We cannot comment as to why the managing agent referred to the PCN dated 2012.

In regards to the below:

"After all, why did UKPC refer to an "outstanding" notice from 2012 to me just because they issued one to me as registered keeper in 2015?. Is it the normal way to conduct business by assuming that todays registered keeper was the same as in 2012?."

As far as we are aware UKPC have not referred to the notice from 2012. If you have evidence of this, please can you forward this to us so we can assist further.

As I pointed out above, we are for the time being assuming that JLL have in fact received, from UKPC, evidence that they used to make the statement "Additional details from UKPC....", i.e. that the records of UKPC incorrectly showed that a parking notice from 2012 was outstanding in their records.

I will of course request from Aviva/JLL any such evidence, using a Subject Access Request form if necessary, in due course.


The second point is:-

I did include the issue regarding the ticket from 2012 in my investigation to UK Parking Control and they did not understand why the matter was being raised as the ticket was closed on their system as paid.

Now, when using the complaint form, for breaches under the Data Protection Act, obtained from the Information Commissioners Office web site, there is a section titled "What is your concern?". This is as follows:-

3. What is your concern?


Select the option that best describes your concern.

The organisation:

X is not keeping my information secure

X holds information about me that is inaccurate

X has disclosed information about me

X has kept information about me longer than is necessary

X collected information for one reason and is now using it
for something else

has sent me someone else’s personal information

Something else. Please give details.











I have ticked (X) the five boxes which I contend are relevant. I am sure that if you care to read the Guide To Data Protection on the web site of the ICO, you will see the various "Principles" explained which back up my contentions.

I am positive that at least one of the "Principles" has been breached and therefore UKPC have failed to comply with the requirements of the Data Protection Act.


The third point is:-

UK Parking Control have not sent you any letters detailing this charge once the payment was made and therefore we cannot find that they have breached our Code of Practice.

According to the BPA's "AOS Code of Practice Contraventions & Sanctions" document there is sanctions level as follows:-

LEVEL 5
[FONT=Calibri,Calibri][FONT=Calibri,Calibri]5.1 [/FONT][/FONT]
[FONT=Calibri,Calibri][FONT=Calibri,Calibri]Failure to comply with the requirements of the Data Protection Act (s) [/FONT]

[/FONT]


　

As I have just proved under point two above, UKPC have indeed failed this sanction level.

Therefore, if you accept, just for the time being, that the one and only assumption I have made, as in point one, is valid, can you indicate accordingly that my reasoning is correct and, therefore, that the appropriate sanction points can be awarded against UKPC?.

As I have already mentioned, I will obtain the evidence required from Aviva/JLL if necessary. (Although why you think that a multi-national company, which is a household name, and their agent should make this statement if not received direct from UKPC, is beyond me.)

If my reasoning is, in your opinion flawed, please let me know why. Also, please do not dismiss my request unfairly just because you do not want to accept, for this particular exercise, my assumption in point one.

I look forward to your reply in due course.

Regards,


I received the following reply from the BPA:-




From:
Gemma Dorans (gemma.d@britishparking.co.uk)
Sent:
13 October 2015 08:03:12
To:
XXXXXXXXXXXXXXXXXX
Cc:
Steve Clark (Steve.C@britishparking.co.uk)




Dear XXXXXXXX,

BPA – 08092.

I have contacted UKPC regarding the letter from the Landowner and they are unaware of any correspondence sent to the Landowner regarding a ticket issued in 2012.

In regards to the data protection issues, you will need to direct your complaint to the Information Commissioners Office. If they believe there has been a breach of the Data Protection Act, please contact us further.

Due to the above, we are unable to investigate the matter further and the case is closed.

Kind regards


Gemma Dorans

Customer Services Manager




　

I THEREFORE SENT THE FOLLOWING EMAIL TO MARK WILSON, CEO OF AVIVA PLC:-

　


THIS EMAIL INCLUDES A REQUEST FOR INFORMATION

Dear Mr Wilson,

As you can see from the email chain below, (the first being at the bottom), I have been trying to make a complaint against UKPC via the British Parking Association (BPA) for breaches of the Data Protection Act and, therefore, breach of the BPA Code of Practice, on my daughter's behalf.

This stems from a letter dated 18th May 2015 (attached to an email dated 17th June 2015 from "Aviva") which contained an outrageous allegation that my daughter had an outstanding parking notice from 2012. The letter is attached.

I have copied you in to most of the protracted correspondence, (in which the letter has been produced), that I and my daughter have had with "Aviva" concerning a parking ticket issued to my daughter, as registered keeper, at the beginning of this year. The last email from "Aviva" is also attached.

(By the way, you might want to review the statements made in the letter titled "Aviva dtd 28.8 no more corres...." attached).

The parking ticket in 2015 was cancelled on appeal by POPLA, even though "Aviva" always maintained "it was properly due"!!. We had to appeal because "Aviva" refused to believe that my daughter, as registered keeper, had caused no loss to anyone, least of all "Aviva", and therefore your company refused to cancel the invoice.

You will see in the email chain with the BPA below that I have always defended "Aviva" with regard to the origin of the incorrect information contained in the letter dated 18th May, even though "Aviva" have caused me, and especially my daughter, a great deal of distress. However the BPA have not believed that UKPC have in fact provided "Aviva" that erroneous information.

The last email in the chain below is from my daughter, dated 11th October. Please note that as ever we have defended "Aviva" in that we believe it was very unlikely that "Aviva" would have made up the erroneous information.


I have received a reply from the BPA to my daughter's email dated 11th October as follows:-



(I INSERTED THE ABOVE EMAIL FROM THE BPA DATED 13TH OCTOBER AND CONTINUED):-


I HOPE YOU NOTICE THE FIRST SENTENCE FROM WHICH IT APPEARS THAT UKPC DENY PROVIDING "AVIVA" (LANDOWNER) WITH THE INCORRECT INFORMATION REGARDING THE TICKET IN 2012!!!. (Not sure if they differentiate between JLL and "Aviva").

Therefore, in order that I may pursue this matter further, can you please provide me with the following information:-

1) by what means did UKPC provide "Aviva" with the details of erroneous information?. Was it in writing - if so can you provide me with a copy?.
If by some other means, can you provide me with details, including dates and the name of anyone involved.

2) in the protracted correspondence with "Aviva" I have pointed out repeatedly how disreputable this company (UKPC) is, but "Aviva" have always defended them and have not believed statements from my daughter and myself.

You must be aware that UKPC have recently admitted fraudulent activities and are currently being investigated for these. They have also been suspended by the DVLA from obtaining registered keeper details.

In the light of the above, can you comment on whether "Aviva" are still willing to be represented by UKPC. As I have pointed out before in our correspondence, "Aviva" are jointly and severally responsible for the actions of their agents, which of course JLL (who sent the letter dated 18th May, and was attached to an email sent by "Aviva") and UKPC most definitely are.

If you will let me have the answers to the two questions above it will be most appreciated.

Regards,
xxxxxxxxxxxx


　

Sorry for the rather long post, but it is nothing compared to the amount of correspondence I have endured while trying to get some response/sense from "Aviva" and the BPA.

Still, it should be interesting to see what "Aviva" have to say if they answer my two questions above.

Just waiting for a response from the ICO now, although not expecting anything of note, so not holding my breath.

(I realise that the forum is busy coming to terms with the Beavis result, but it might be of interest regarding the reply I have recently received from "Aviva", which supports other comments on the forum concerning Landowners respectability.)

Well, my "gaster" is absolutely "flabbered".

I truly believed "Aviva" when they said that UKPC had communicated to them that my daughter had "an unpaid parking notice outstanding from 2012".

But according to the following brief/terse reply to my email dated 16th October, mentioned in my (lengthy) post #23, the truth is:-


Re Aylesbury Shopping Park - parking charge

Further to my email of 20 October 2015, I write in response to the two questions you raise:-

1) Following receipt of your daughter's correspondence to Aviva in May, JLL made enquiries of UKPC. In relation to the 2012 parking charge, UKPC advised "there is an additional parking charge registered to this vehicle but it was issued in 2012". Unfortunately that was understood to mean that the 2012 charge remained unpaid, hence the comment in JLL's letter of 18 May. As you know, on receipt of
your daughter's email of 21 June, JLL checked the position with UKPC and, having discovered the 2012
charge had been paid, full apologies were issued and additionally the 2015 charge was cancelled.


2) We are aware that UKPC were disciplined by the BPA following misconduct of a small number of employees at UKPC and that UKPC have taken action against the individuals concerned. We will continue to monitor UKPC, as we do all our appointed car park operators.


Yours sincerely





Jean Lane

Associate Director - Real Estate



As I have vehemently defended "Aviva", during the protracted correspondence I have had with the BPA, it seems that "Aviva" have made me look a complete idiot.

From the reply from the ICO, when I made a complaint to them, it seems that they are seeking clarification from "Aviva" under Principle 4 (Accuracy).

As I ticked other boxes, including "Retention" (Principle 5), in this case that Principle should apply, I believe. The parking charge was apparently paid/resolved in December 2012 and the records should presumably have been deleted.

In my view however, it still means that UKPC have breached the DPA, and therefore the BPA CoP, and deserve sanctioning by the BPA.


I still wonder what a parking charge, resolved in 2012, has to do with the registered keeper of a car in 2015.

As "Aviva" are in charge, via their products, of billions of pounds of millions of customers' funds, I do wonder about their "assumptions" and lack of judgement/due diligence concerning customers investments etc. There was even a slot on Watchdog last night where a customer of "Aviva" wanted to cash in his pension pot. But mysteriously, £11,000 had disappeared. It was only when Watchdog got involved that "Aviva" found the funds and returned them to the rightful owner, plus compensation.

"Aviva" does not seem too concerned about the activities of UKPC either - they deserve each other.

On the other hand, it seems that as I believed in "Aviva", the same lack of judgement could be said of me.

I will see what the ICO come back with after "Aviva's" clarification.