UKPCL/DCB legal Windscreen PCN Claimform - Marlborough Road Estate Braintree Essex CM7 9UZ ***Claim Discontinued***

[lookinforinfo]

Welcome to the Forum.

Yes you can fight this and you were right to turn down DCBL almost fraudulent offer of £152 when the most it should have been was £100. It is a shame though that you tore up their paperwork  However you can send  UKPC an sar that will get you all the paperwork that you should have in your possession.

Could you please answer he question to help us help you.

i would also like to know where the car was when ticketed since UKPM . You seemed to say that your car was on a main road which should not be covered by UKPC.

 

[lookinforinfo]

Ok let's see if we can clear this up. The first thing  is that that neither the windscreen PCN nor the second PCN specify the relevant land  which was Vanguard Way.  They have stated it was parked in Marlborough estate which is not specific enough. In any case they state the postcode is CM7 9UZ which is Victory Gardens. Vanguard Way is CM7 9UY. So they have failed to specify the the correct place where the car was parked.

 

On top of that they have failed on both PCNs to quote the period of parking. In addition they have failed to quote the required words on Schedule 4 S8 [2][f]. All of which means the PCNs are not compliant and therefore the alleged debt cannot be transferred from the driver to the keeper.

 

There are no signs when entering Vanguard Way that one is entering a private road nor that UKPC are monitoring the road. Marlborough road where Vanguard Way begins is definitely maintained by the Council as you can see from the road signs outside the school.  Obviously at the time of the incident there were many  UKPC parking signs on various wall on Vanguard Way and Victory Gardens but missing entrance signs to alert motorists to the fact that they are entering private land.

 

That should be sufficient to win in Court if UKPC do not see the sense in dropping your case like a hot potato.

[lookinforinfo]

I have just read your early posts again and things are looking serious for UKPC.

 

You told them and DCBL that you were not the driver which both of them have ignored. This now puts UKPC in a difficult position as neither their PCN on the windscreen nor the Notice to Keeper comply with the Protection of Freedoms Act 2012. That means that they cannot transfer the liability for the breach from the driver to the keeper.

 

They must know that their PCNs are not compliant with PoFA since they will have been challenged on it and lost on many occasions. Thus they are in breach of your GDPR by informing the Court after you told them you were not the driver.

 

Your WS will not make good reading for them........................and you should be able to get money from them.

 

PS  I am sorry I have only just realised that.

I could have kept you from worrying some time ago.

[lookinforinfo]

Always go for as many as there are. Different Judges pick up on different reasons to cancel  cases.

Your strongest argument is both the windscreen ticket and the Notice to keeper are not compliant with PoFA. Therefore you as keeper cannot be liable for the driver's alleged breach. Some judges will throw the case out for that.

 

Tied up with  the lack of compliance is that they have got the wrong postcode for where you were parked. 

 

They do not have to produce the contract with the landowner until the WS stage and there is always a chance that there is a problem with their contract .

The fact that you did not tell them abut not being the driver is irrelevant to whether you win the case or not. But the fact that they do know and they also know that their PCNs are not compliant means that they have breached your GDPR by  informing the Court. Not that they informed DCBL and the pointless unregulated debt collector because you had not told them about the driver situation.

 

Once they read your WS they should pack their bags and slink off back into the slime where they belong and drop the Court case. However it is very  difficult to guage  their reactions given their greed and stupidity.

 

They are too late now to ask who was driving but you are under not obliged to tell them who was driving. That is their job .

 

 

[lookinforinfo]

The windscreen PCN does not comply with PoFA  as there is no Parking Period mentioned- only the issue time is mentioned. On the NTK which came later once again the period of parking is not mentioned on the PCN as required by PoFA. There are parking times n the photos but that is not what PoFA requires. In order to enable the charge to be transferred from the driver to the keeper, UKPC must comply with the Act Schedule 4 S8 [2][f]  

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

It is quite clear that the applicable conditions have not been met so the keeper cannot be held responsible.

The area is for permit holders only so the signs are prohibitory for non permit holders so there can be no contract offered to non permit holders. 

 

 

[lookinforinfo]

Yes it is normal and a legal requirement. If your postman has been and gone already today send off your WS which includes the fact that UKPCL have not sent you their WS. 

 

[lookinforinfo]

IGreat news. You really shouldn't have been issued with a PCN in any case. But they would have taken your money .

You might have a claim against them for wrongly ticketing you. I am looking at an alternative to going to Court which may be cheaper to initiate but take longer to resolve.

You may be happy to drop it now and get on with your life or you may want to try and get some compensation. Your decision.