UKPC/DCB(Legal) 11+PCNs for privately owned van used for my Ltd Co. - PAPLOC for 5, gained Default Judgement!! - Parkhorse Shopping Centre, Church St, Hudds, HD1 2RT **SET ASIDE+CLAIM DISMISSED**

[mrk1]

Yes. You are correct.

As it has been so long now I can’t recall who was helping me on that day and who was driving. 

Whoever it was tho appears to only have been there for mere minutes. Maybe 5 minutes. Which I think might be in the contract that there was a certain number of minutes allowed for you to load or unload.

 

I mean if you rent a shop you should be allowed to load and unload. And it is clear parking was not the intention of whoever it was anyway as they are clearly not parked in any kind of parking bay, and on some occasions clothing rails and bags of stock can be seen confirming loading or unloading. 

I think these fleeces will really be wasting their own time and money to pursue this. 

I may actually counter claim and use them for emotional stress and anxiety caused by all of this unnecessary strife. 

[lookinforinfo]

I don't think that you should counter claim . If you want to pursue them for breaching your GDPR once they find out that you were never the driver then it is better to pursue them in a separate case.

[mrk1]

Ok thanks. 
Well I guess for now it’s just a case of waiting for them to waste their time and money then. 
Do you think there’s anything I can be doing for now now? 
Or just wait? As it’s very clear I was not even driving this vehicle. I am unsure who was now. It was a long time ago. 

[FTMDave]

Any reply from the DVLA?  Someone else who wrote to them around rhe same time you did got an answer today.

[mrk1]

Hi. Yes I did. Was meaning to post about it but made a note for tomorrow. Wasn’t too sure it was all a bit confusing. 
 

Got 2 pdf. Shall I blank out info and post up tomorrow? 

[FTMDave]

Yes, please do.

 

Remember we can do the redacting at this end if it's difficult for you.

[mrk1]

Here you go, fully redacted.

There were 2 docs, this one named "all".... They both look the same tho I think.

99679763 -1.pdf

[FTMDave]

Thanks for this.  Two immediate points.

 

The fleecers are supposed to ask the DVLA for your details for every "offence".  They can't just presume the keeper is the same every time.  Otherwise you could sell your van, the new owner could do something naughty, and they'd come after the wrong person. 

 

We hoped they'd been lazy and messed up but unfortunately they've done it all by the book on all 11 occasions.

 

Secondly, this is a lot of requests for information from private parking companies.  I hope you've updated all these fleecers with your new address, otherwise you could end up with a hell of a lot more backdoor CCJs like on your other thread.

 

 

[lookinforinfo]

if I didn't know better I would have thought my wife was driving for you as she has accumulated a similar number of PCNs.

 

I haven't paid any of them partly because I don't appeal: I write to the land owner or I find out why the ticket was issued incorrectly.

 

All the tickets you have from UKPC do not comply with PoFA  at the Packhorse mean that you are not liable as you are the keeper.

 

However there is one you haven't showed us from UKPC  -perhaps not from the Packhorse-on the 18/10/2019 where they have applied to the DVLA within the prescribed time. This means that if everything else on that PCN is also compliant then you would be liable to pay it should the driver not do so.

 

Usual crap from the DVLA trying to cover themselves and absolve themselves from any liability.

 

[mrk1]

I’ll pay one of need be. But as a tenant who was working in his shop whilst other drivers who I don’t even know any more we’re loading and unloading to help me out, we’ll that’s just not going down. 
I am unsure where that other pcn is or was. Maybe the owner did not get the post mail. 

[lookinforinfo]

If you find te PCN from  18/10/2019 and post it on a new thread we can take a look to see if anyhting is wrong with it.

If you can't find it no doubt they will eventually catch up with you if it hasn't already been dealt with.

[FTMDave]

Can you please post the e-mail address the DVLA replied to you from?  It would be very useful for others.

[mrk1]

SubjectAccess.Requests@dvla.gov.uk

10 minutes ago, lookinforinfo said:

If you find te PCN from  18/10/2019 and post it on a new thread we can take a look to see if anyhting is wrong with it.

If you can't find it no doubt they will eventually catch up with you if it hasn't already been dealt with.

I don’t know where I’d find this now? I’m surprised it didn’t come in with the SAR pack. 

[FTMDave]

Brilliant - thank you.

[FTMDave]

Don't worry about the extra UKPC one - they at least have your updated address.

 

Worry about any of the others.

[mrk1]

On 14/01/2023 at 12:40, lookinforinfo said:

All the tickets you have from UKPC do not comply with PoFA  at the Packhorse mean that you are not liable as you are the keeper.

 

However there is one you haven't showed us from UKPC  -perhaps not from the Packhorse-on the 18/10/2019 where they have applied to the DVLA within the prescribed time. This means that if everything else on that PCN is also compliant then you would be liable to pay it should the driver not do so.

 

Usual crap from the DVLA trying to cover themselves and absolve themselves from any liability.

 

 

they have not complied with POFA? that means me as the keeper and whoever was driving the vehicle on that day have nothing to worry about?

 

Also I don't understand what dvla are hiding here?

 

Did they not give me all the info I requested?

[FTMDave]

1 hour ago, mrk1 said:

So they have not complied with POFA? So that means me as the keeper and whoever was driving the veichle on that day have nothing to worry about?

No, sadly it's not as simple as that.  They have respected POFA timeframes for sending out their bilge and a judge might decide they have "substantially" complied with POFA.  Or a judge might not.  No guarantees.

 

1 hour ago, mrk1 said:

Also I don't understand what dvla are hiding here? Did they not give me all the info I requested?

The DVLA aren't hiding anything.  I don't know what you mean.  They sent exactly what they should have sent.

 

What we said was to make sure you don't get any more backdoor CCJs from any of the other companies on the long list.

[mrk1]

But also they need to prove who was driving the vehicle. As it was not me, and it was so long ago now I do not know who was... ?

[FTMDave]

But they're fleecers.  They don't care.  They write keeper/driver on their rubbish and hope you don't know the law and will give in and/or they can fool the judge.

 

They will also say they respected Schedule 4 of the Protection of Freedoms Act and can transfer liability to the keeper.  They will lie & lie & lie.

 

You need to keep up the superb work you've been putting in and build up as much evidence as possible to smash them in any future court case.

 

In about a week's time the snotty letter needs to go off.  Write Monday 23 in your diary.

 

 

 

 

[lookinforinfo]

Mrk1 please do not bother yourself about who was driving. You as the keeper are not liable. The only person who is liable probably could not recall the day on which they got a PCN either.

You don't know who was driving , nor do UKPC or the DVLA. So UKPC are in a pickle.  They only person known to them who could have been driving the car is you and you are not liable. End of, from your point of view. And as long as UKPC do not know who was driving they have no one to pursue that they can get  money  from. It's their own fault for taking so long to chase up the PCNs when they first occurred.

[mrk1]

Ok I’ll get that date in diary. I’ll send exactly what you wrote printed out? Shouod it go to ukpc or dcbl legal? Also shall I add in it that I was not sure who was driving? 
 

So if this goes to court I only have to tell them the truth which is it wasn’t me driving. I was in my shop and someone was helping. Will the judge accept that? 

Edited January 15, 2023 by mrk1

[FTMDave]

Yes, you can use it as is.

 

I've just gone back and edited it slightly, changing "car park" to "loading area".

 

Send copies to both UKPC and DCBL.  Part of the reason is to stir up disharmony between the two as DCBL have made a complete hash of the Letter of Claim which is supposed to be on behalf of their clients by totally mismatching the amount of money and the number of PCNs.  Invest in two 2nd class stamps (that's all the fleecers are worth) and get two free Certificates of Posting from the post office.

[mrk1]

Ok. But also add that I was not even driving so they are wasting their time? 

[mrk1]

How do I go about getting money from these mad men?!

In the letter you state:

 

'Should this case go to court despite having pointed out the futility of doing so, I will be asking the Court for an unreasonable costs order under CPR 27.14(2)(g), and then spending it all on a nice, pleasant holiday while all the time laughing at your client's expense. '

 

What do I need to do so the court orders them to pay me? They have really eaten into my time over the last few weeks and it needs repaying!

Edited January 16, 2023 by mrk1

[FTMDave]

Surely it's self-explanatory -

 

2 hours ago, mrk1 said:

Should this case go to court ... I will be asking the Court for an unreasonable costs order