UKPCS Windscreen PCN - Parking in Disabled by without BB - Scotland

[Hungrydoug]

So SWMBO has had a penalty charge notice in a retail park car park. Firstly, this is in Scotland, so am I still correct that I ignore it?

 

If not, the ticket was for parking is a disabled bay without displaying a blue badge. However there were both a wheelchair symbol and a parent and child symbol marked in the bay. Wife saw the P&C and parked there since she had out 2-year-old with her.

 

If I need to fill in the standard details, just let me know.

 

Thank

[dx100uk]

its not a penalty charge notice is it??

[SoggyMoggy]

It looks like UKPC run the parking in google maps, it's a retail park.

[DragonFly1967]

OK, first things first.

 

Is this a ticket that was placed on the car, or one that's arrived through the post?

[Homer67]

It's in Scotland - ignore as no POFA applies.

[ericsbrother]

please let us know the full details of the ticket yu have received because the law for disabled parking spaces is different in Scotland, as well as the lack of POFA so we need to know exactly whar you have been given

[dx100uk]

which why I asked in post 2 if it does say PENALTY charge notice

[Hungrydoug]

dx100uk. Slip of the fingers after not enough coffee this morning! It's a UKPC PARKING CHARGE (caps on piece of paper), rather than a council ticket. Sorry for the confusion.

[DragonFly1967]

OK, so can we have details of exactly what you have?

 

Was it on the car or through the post?

 

Can you scan and upload (after removing any personal details, ticket numbers, bar & QR codes) it in PDF format please so that we can have a look at what it says.

 

 

As someone else has already said,

there is no POFA in Scotland (presuming that's where you live and you weren't just visiting)

so UKPC can only go after the driver.

 

And, as the keeper has absolutely no legal obligation to name the driver,

 

that does rather leave UKPC in a bit of a pickle.

 

Although it won't stop them trying their luck.

[ericsbrother]

then you wait for them to send a NTK through the post and when they do you complain like hell to the DVLA for allowing these bandits access to your personal data when they have no "reasonable cause" to do so as keeper liability can never be an issue.

 

The DVLA will send you a stock rubbish response because they know they are in the wrong but like the rest of this circus do so to make money, whether honestly or not

[dx100uk]

or simply totally ignore

[Hungrydoug]

Windcreen ticket now attached

Ticket_Gallgher.pdf

[Hungrydoug]

So I've had UKPC's second demand for money telling me that I was the driver I'll continue to ignore and see what other nonsense arrives.

[DragonFly1967]

How do they know that then?

 

Let me guess, Elliot v Loake

[ericsbrother]

post it up, it will tell us more than seeing the screen ticket. They can form a contract with the driver so if you are kind enough to admit that you were they then you can be chased for the money. As for them saying they know who the driver was then let them prove it.

 

So I've had UKPC's second demand for money telling me that I was the driver I'll continue to ignore and see what other nonsense arrives.

[Hungrydoug]

@ericsbrother, I'll post the letter up over the weekend.

[Hungrydoug]

Letter attached

Scanned from a Xerox Multifunct.pdf

[ericsbrother]

the NTK fails miserably to comply with th POFA to make any charge enforceable even if it was legal in Scotland. They either dont care or they are really thick, I'm unsure which.

 

It doesnt say you were the driver, it says that they have reasonable cause to get your keeper details when this is an utter lie.

Complain to the DVLA about this and point out that as it is in Scotland there is no keeper liablity so they have ubused their KADOE contract and lied to the DVLA and what are the DVLA going to do about this breach of the DPA? Copy to your MP and mention the other shortcomings

[ericsbrother]

continue to ignore the parking cowboys as this stage

[Hungrydoug]

Thanks ericsbrother. Is there a template letter for the DVLA complaint?

[brassnecked]

Dear DVLA

CC MP..... BBC Watchdog

 

Once again one of your KADOE contracted Private Parking Companies have abused the process and obtained my Keeper Details with no cause or lawful reason.

 

Something like that may do EB will have a better idea I think.

[DragonFly1967]

There's no template as such, but you write to the DVLA requesting that they they provide you with the details of who has been making enquiries about your vehicle.

 

Give them your vehicle details and proof of ownership (copy of the V5C should do). Giving them a rough idea of a timescale within which you believe these enquiries have been made would make their life easier, but you don't have to. You could ask for details from the date you acquired the vehicle.

 

Tell them you want information on who has requested the keeper details for the vehicle in either electronic or written form.

 

Make it plain that this is NOT a Subject Access Request and therefore there is no fee for the information that you require.

 

Write to:

 

Release of Information

Paying Enquiries Section

DVLA

Swansea

SA99 1AJ

 

There is an email address, but it's a bit 'hit or miss' as to whether they get back to you, [email protected] , so even if you use that, I'd follow it up via letter/snail mail. I did get a response using that, but it's (so the DVLA claim) a different department, so they had to pass my request to the correct department (spotty kid on the next desk probably).

[dx100uk]

Mention this is in scotland

[ericsbrother]

Expect to get a rubbish stock response saying that people are allowed to ask for details under "reasonable cause"

so expect to write again telling them that as the parking co DIDNT have a reason for doing so under the POFA or KADOE contract then the DVLA shouldnt have allowed the anywhere near your details.

 

This is a point the DVLA have never addressed properly

so dont expect an honest answer

but as you are copying it all in to your MP and then referring him to the parliamentary discourse on this they should be aware that the DVLA has failed miserably to police their own system.

Edited March 6, 2018 by dx100uk
spacing

[Hungrydoug]

Interesting development over the weekend.

 

Have now received a letter from Debt Recovery Plus Ltd to tell me the charge is now £160 and that if they're not paid, "our client will take court action against you".

 

there are then two paragraphs about how a 'test case' has proved these tickets to be enforceable and the woman in Dundee who got stung for £24,500. I guess I keep ignoring? Thanks.