CUP PCN - no permit - Pexor Hse staffa Rd Cromwell Ind Est Walthamstow E10 7QZ - now PCS [DR+] PCN

[shortwoman68]

My son received a Parking Charge Notice from the above company stating that they were writing on behalf of a creditor in relation to a parking charge. 

They stated that his details were received from the DVLA under a 'reasonable cause' request as it showed that he was the registered keeper of a vehicle. 

My son is very confused by this as he has never received a parking charge notice and I have never seen one like this either.  

 

the letter states that the Parking Charge has been issued because the vehicle was parked in a manner where the driver attracted a parking charge as brought to the drivers attention via signage and agreed to by the driver when the vehicle was parked on land managed by their client CUP Enforcement.  Furthermore, it was issued following the use of a warden operated/monitored camera system which identified the parking incident. 

 

They state the reason of issue being: 

4-Parked in a permit only parking area without clearly displaying a valid permit.

 

I am sure that this is not a valid parking violation in relation the the Parking Contravention Codes as I have never heard of this one. 

 

Please could someone assist?

[honeybee13]

Hi.

 

I've moved your thread to the private parking forum because if the ticket says it's a parking charge, it isn't the council. People should be along to advise over the course of the evening.

 

HB

[dx100uk]

please complete this:

 

 

[lookinforinfo]

Welcome to the Forum.

 

Please do not worry about the ticket.

CUP appear not to go to court and only get unregulated debt collectors to write letters that are designed to scare people into paying up.

 

They often do this by putting the price up on just about every letter they send.

Please do not ever write to them ever, nor contact them in any way.

 

Eventually they run out of coloured crayons to send their letters to you and give up.

Sometimes though they do write and offer you a price reduction which isn't really that kind of them as your son had probably not broken their stupid contract anyway .

 

CUP's contract that is - not Parking Collection Services, DRP or whatever else they are calling themselves these days since they definitely do not have a contract with your son.

 

In the meantime, please fill out the questionnaire in the previous post so that we can give your son the best advice on how to legally  avoid payment.  

[shortwoman68]

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement - 28/07/2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - does not officially state that it is a NTK but it was 31/07/2019

 

3 Date received - unknown as we were on holiday from 28/07/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  - Not applicable as it does not state it is NTK however there is no reference to this

 

5 Is there any photographic evidence of the event?  - No

 

6 Have you appealed? [Y/N?] post up your appeal] - No

Have you had a response? [Y/N?] post it up - N?A

 

7 Who is the parking company?  Parking Collection Services

 

8. Where exactly [carpark name and town]   Cromwell Industrial Estate, Walthamstow, London E10 7QZ

 

For either option, does it say which appeals body they operate under. -  BPA

 

[dx100uk]

can you scan up bothsides of what he got to one multipage PDf

read upload

 

dx

 

[lookinforinfo]

To avoid any confusion, I should have said in my previous post  that you fill out the questionnaire below not above, as I knew dx was writing to you at the same time as I was.

[shortwoman68]

Unfortunately I do not possess a scanner but have done the best I can but taking pictures on my phone. 

 

PCS-DR+ letter .pdf

[dx100uk]

so DR+ have evolved from chasing unenforceable gym debts to just as unenforceable speculative invoices..

[lookinforinfo]

What a strange letter. This is apparently the first one they have sent but it states " The charge has not been paid in full as at the date of issue of this notice" Well duh! There can't be many people who would send off a payment to anyone before they knew it was even owed.

It almost sounds as if the Drips have sent the letter that follows the Notice to Driver. Muppets.

Edited August 10, 2019 by lookinforinfo

[ericsbrother]

PCS arent the creditor, just another rentathreat so you need to dig a bit deeper. If no previous letter sent then this fails to create any liabilioty under POFA and no-one is owed any money by anyone

We want pictures of the place he was parked and the signage there

[shortwoman68]

My son was not the driver on this day and unfortunately there were no pictures taken.

[dx100uk]

then go do some?

 

dx

 

[ericsbrother]

they may well be needed so better have them and not use them than need them and not have them

[shortwoman68]

Sorry I did not manage to get the pictures as yet but just following on from the letters, my son received a few more requesting payment from Debt Recovery Plus Ltd.

 

One dated 20th September and

the other 7th October. 

 

As my son does not stay here often he only opened these recently. 

They are now requesting payment of £160 in the first letter

 

in the second, they state they will appoint a solicitor to commence court action if he does not pay the £160. 

 

He is getting a bit worried about the threat

 

I have told him that there is no such traffic contravention that they have stated, therefore he should not worry. 

 

The letters are attached. 

[ericsbrother]

ask yourself when did he sign a  credit agreement with DR+ that allows them to add the charges and if he did indeed do that how enforceable is that charge when they dont hold a consumer credit licence?

 

Now this may make little sense to you but that is the law surrounding their add ons so you can now reread that at "unlawful charges" or put simply in this forum's context, "unicorn food tax"

 

These threatograms arent worth the paper they are written on and can be ignored

 

he will need to pull his finger out and get the pictures of the signage because they arent going to give up on a free meal.

 

now as they mention a code number then the site should have signs where the clauses or terms of the contract match the supposed breach

 

id for example the 4th condition on the sign is do not let your dog foul the pavement then there has been no breach of contract.

 

pay attention to the smallest of detail and he will see of this charge but not without a fight

[shortwoman68]

ericsbrother - many thanks for this information.  I will pass it on.

[shortwoman68]

After thinking that they CUP had left well alone, they have now passed the fine to a debt collector.  My son is becoming increasingly worried but I have informed him that he should do nothing unless he receives an official letter from court regarding this.  I am correct?

Zenith Collections - CUP.pdf

[honeybee13]

Hi.

 

You're right about Zenith, they usually start writing towards the end of the letter chain. If your son receives a Letter Before Claim/Action from one of the tame PPC solicitors, then you need to come back here for advice on what to send back to them.

 

HB

[Gick]

Before dx jumps on this, please do not give this speculative invoice the authority of a 'fine'. Only a court can fine anyone. Even the police can only issue a fixed penalty notice and the council a penalty charge notice.

 

You have been here long enough to realize the difference.

[Mrs O'Frog]

15 hours ago, shortwoman68 said:

I have informed him that he should do nothing unless he receives an official letter from court regarding this.  I am correct?

Not quite.

As HB says, he needs to respond to a LBC/LBA (whatever wording they use) if they send one. That will either come directly from CUP or from their solicitor if they use one and is sent before you receive anything from a court. Come back here for advice if he receives one.

 

But before that as EB said:

On 19/10/2019 at 17:04, ericsbrother said:

he will need to pull his finger out and get the pictures of the signage because they arent going to give up on a free meal.

then post them here for us to look at. Lets get all the ammo together.

[shamrocker]

On 05/11/2019 at 20:34, shortwoman68 said:

After thinking that they CUP had left well alone, they have now passed the fine to a debt collector.  My son is becoming increasingly worried but I have informed him that he should do nothing unless he receives an official letter from court regarding this.  I am correct?

Zenith Collections - CUP.pdf 1.26 MB · 0 downloads

 

Slight correction on this - he should act upon receiving a Letter of Claim from the parking company's solicitors, not wait for the claim form from the court. In the meantime, read up on similar threads on here and also gather as much detail about the site as possible. Other threads will tell you what you should be trying to gather up.

[ericsbrother]

Zenith cant and wont do anything other tha send out threatograms that have no substance.

The LBA will come from the parking co or a pet solicitor, usually Gladstones or BW Legal. Both  show the same lazy incompetence when it comes to actual claims so a snotty response to the LBA usually makes them shut up. Best to gather as much evidence regarding signage, lighting raod markings and so on now rather than leaving it to the last minute.

[shortwoman68]

I located this on the internet, can anyone tell me whether it is true and has any bearing on my sons parking charge situation. 

 

 The Bald Eagle

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• THE lowest common denominator

DVLA clarify that parking companies cannot sell on debt to debt collectors.

« on: 16 April, 2018, 11:14:50 AM »

 

The timing of this announcement is significant in my opinion.  

The new General Data Protection Regulations (GDPR) come in on 25th May 2018. Under this legislation anyone caught breaching it can receive a hefty fine.

Looks like the DVLA are finally getting their house in order as a result.  

========================================================

DVLA clarify that parking companies cannot sell on debt to debt collectors.

Parking companies obtain keeper data from the DVLA by way of the KADOE contract. Copies are available under FOI, such as here ( https://www.whatdotheyknow.com/request/kadoe_system#incoming-882991 ).

This contract allows parking companies to engage debt collectors to pursue debts, but it does not allow them to sell the debt on to another party.

Despite this a number of parking companies have ignored their contract with the DVLA and have been selling their data to rogue debt collector MIL Collections for as little as £1 per parking charge.

MIL are well known for their aggressive practices which include blatantly lying on the telephone, using false and misleading information in letters, and pursuing debts despite not having in any known case a valid letter of assignment (MIL use an undated 'deed' which has no references to any actual parking charge and in some cases has provably been in existence before the assignment occurred as a recycled deed has been used).

The DVLA initially took no action to protect motorists despite being informed of this practice many years ago, when MIL first started to buy up parking charges. Since then, MIL have caused misery and essentially 'robbed' large numbers of motorists by claiming charges which are not valid.

The DVLA has now finally taken action.

DVLA Statement

The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment

You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment."

The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further.

I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension.

British Parking Association Statement

The British Parking Association has stated they will fully support the DVLA in this matter, and that this is a serious breach which could result in the award of 10 sanction points.

12 sanction points results in an immediate ban.

The International Parking Community

The IPC have not made any public statement on this matter. However, their code of practice states:

5.2 You must not pass any Personal Data to any third party company who is not a member of an Accredited Operator Scheme (or similar scheme of a different name) with an Accredited Trade Association or a firm entitled to carry on reserved legal activities

According to their sanction scheme, misuse of personal data can result in 6-12 sanction points, with a starting point of 10.

Factors indicating higher degree of harm
1. Personal Keeper’s Data compromised or used or obtained inappropriately.

MIL Collections

MIL Collections are run by failed businessman Alan Davies. Any motorists whose keeper data was purchased from the DVLA by a parking company and then sold on to MIL should raise a complaint with the DVLA and the appropriate trade association, the BPA or IPC.

Misuse of personal data is an offence against the Data Protection Act 1999, so you may also have a valid claim against MIL Collections and the parking company. As the DVLA allowed this practice to carry on for some considerable time despite being notified, you may also have a claim against the DVLA, as they have a legal responsibility to keep keeper data free from misuse.

If you provided your data directly to the parking company, without the DVLA being involved, then this does not apply.

Happy Parking

The Parking Prankster

http://parking-prankster.blogspot.co.uk/2018/04/dvla-clarify-that-parking-companies.html

 

 

[dx100uk]

One of the only places we recommend here and allow

 

However your sons' speculative invoice pcn has not been sold as youve never received a notice of asignment which is required under the law of properties act 1925 should anyone bar the PPC issue a court claimform