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.. If this does actually go to court could you guys help me grab all the tools I will need to defeat these fleecers?! As in summarise what I need to present?!

[honeybee13]

I'm not sure what you mean by 'summarise what I need to present'.

 

As you know, CAG  is a self-help and self-empowerment forum, so If it goes as far as court, you can start putting together a witness statement [WS] using all the information you've found and we'll help you to refine it.

 

HB

[mrk1]

Yes. 
When would I write this WS? What is the procedure. 

[honeybee13]

Have a read of this thread which we ask people to use when they receive a claim form. First the AoS, then the defence which is short and generic.

 

Further down the line, a judge will instruct both parties on when to exchange documents and WSs so you'll have plenty of notice.

 

 

HB

[mrk1]

Ok. No aos yet. 
map just send this letter to dcbl and ukpc on 23rd for now then? 

[dx100uk]

eh?

 

try again.

 

dx

 

[mrk1]

Sorry how do you mean.  

 

Do you mean the letter from dcbl legal?

[dx100uk]

3 hours ago, mrk1 said:

Ok. No aos yet. 
map just send this letter to dcbl and ukpc on 23rd for now then? 

 

no aos yet? ....there is no court claim let alone sent any letter of claim to you...

 

map just send this letter to dcbl and ukpc on 23rd for now then?  - map?

 

[mrk1]

Map. Meant to say might. 
 

The only thing I have is a letter from dcbl legal. A letter of claim. That is it. 
Nothing about AOS or claim form. 

[honeybee13]

So you need to slow down please. This is a long process and sadly there isn't normally a magic bullet to make fleecers go away.

 

As I've said before, you need to plod away finding evidence so you can put together an argument for IF there's a court case.

 

HB

[mrk1]

Well all evidence is on this thread. I’m not sure what else I can do. 
End of the day ukpc did not follpw

POFA and it wasn’t even me driving the vehicle and they have no way of proving it was. 
I’m going to send the letter on 23rd Jan. 

[Nicky Boy]

Some evidence not on the thread is your tenancy agreement. Do you have a copy?

[mrk1]

I don’t. 
I looks on email but cannot find one sent to me. I’ve called previous centre owners and current and both say no access. Current one definitely not. Manger of previous company who owned it said he will have a look but not hopeful. I’ll email him now and chase up. 
Current owner says they give 30 mins to load or unload to tenant currently.  

[mrk1]

Just found this email from DVLA sent some week ago now.. Thought I would post it..

It's soulless and spineless.

 

Dear Mr...

 

Thank you for your enquiry.

 

We appreciate you have taken the time to contact us in relation to this matter.

 

Information about registered keepers of vehicles can be released by the DVLA under the provisions of the Road Vehicles (Registration and Licensing) Regulations 2002. This legislation allows vehicle keeper details to be disclosed to third parties who can demonstrate that they have a reasonable cause to receive it. Reasonable cause is not defined in legislation but the Government’s policy is that it should relate to the vehicle or its use, following incidents where there may be liability on the part of the driver. Guidance on what constitutes reasonable cause is published online at www.gov.uk/request-information-from-dvla.

 

Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I trust you will appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable. Disclosure in these circumstances does not breach the Data Protection laws and the Information Commissioner’s Office is fully aware that the data held on the DVLA vehicle database is released in this way.

 

The DVLA cannot regulate directly the manner in which a parking management company is operated. Therefore, it has no influence over the scale of charges, the length of time motorists are allowed to park or the hours the company operates parking conditions for. These are matters between the landowner and the company employed to manage the car park.

 

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it's not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private car park enforcement companies. The DVLA can't regulate any aspect of a company’s business. Any representations should be made to the landowner or his agent. DVLA releases information on the basis that reasonable cause is demonstrated.

 

I hope this information helps. 

 

Do not reply to this email. If you wish to contact us again about this response, then please use the link below: 

 

https://contact.dvla.gov.uk

[dx100uk]

On 16/01/2023 at 18:14, Nicky Boy said:

Some evidence not on the thread is your tenancy agreement. Do you have a copy?

urm very important key info is again missing whilst we waste our time trying to educate you and forget requests we should ask you.

 

we cant put the pieces of your jigsaw together whilst members keep getting distracted by your lack of reading up.

 

on all your threads, please seek and provide information that is asked for as a priority, not continually ask questions that detract from using your time finding what members need. sorry but it seems you post questions as a diversion, intended or not, from you doing these things. it simply elongates members from actually helping you.

 

dx

 

 

[mrk1]

I did reply to thread about this.

 

I called previous owners and they said it's unlikley but he will look into it, i have just chased him up noww ith email and a call but no answer on phone. Going to call main office later on.

 

The current owner said it's like buying a house, when he bought the centre he did not get any old documents, which I find not a satisfactory analogy really. But he can't do no more.

 

I even asked both for old blank tenancy and new blank tenancy respectively, but both said no.

 

I am chasing up old centre owners later on. Just on hold to Northants now about this ccj thing.

 

Jesus I don't need any of this! 

All I seem to be doing is going around in circles with all of this!

[honeybee13]

You'll get there, but I'm afraid this is what can happen if you ignore correspondence.

 

HB

[mrk1]

Thanks, I am quote strong emotionally and willing to fight to the end... My work life is suffering tho, all i seem to be doing is pouring my energy into this!

What a state modern society is, they'd eat you and peck your eyes out on a cross if they could!

[FTMDave]

Remember the snotty letter on Monday.

 

One copy to DCBL.

 

One copy to UKPC.

 

Invest in two 2nd class stamps and get two free Certificates of Posting from the post office.

[mrk1]

Thanks.

Yep it's wtote down in my diary on monday in capitals.

Where can I get the exact address? There seems to be many (shock).

[Nicky Boy]

How about from their correspondence... to you?

[mrk1]

That's a good point.

I have letters from DCBL LEGAL (their address is Greenwood Drive) but not UKPC at this stage, misplaced them. I do not want to have to call up any of these compnaies to ask wither. Is there a directory someone sent on here once for the SAR?

[FTMDave]

UK Parking Control Ltd, PO Box 1608, High Wycombe, HP12 9FN.

 

That UKPC address is for payments, so it appeals to my bloody-minded side that they open the envelope thinking there'll be dosh inside, only to find a letter telling them to Foxtrot Oscar.

[lookinforinfo]

In addition to your snotty letter you could try sending a separate Cease and Desist letter.

 

[I am writing this letter below as if I were you . You can copy it word for word if you want but please let us read it first in case there is a glitch in it somewhere

 

You write the Cease...etc at the top of the letter.

 

Then explain that you were never the driver in any of those PCNs. [if you were the person to whom the drivers were bringing goods to your shop tell them that].

 

In any event because of the time lapse you are unable to remember who was driving on any of the occasions that PCNs were issued so names and addresses cannot be provided.

 

As none of the PCNs are compliant with the Protection of Freedoms Act  as the registered keeper you are not liable as non compliance means that UKPC cannot transfer the liability of any of the PCNs to you.

 

 Now that you [UKPC} have been informed of the situation, any further pursuit of me from you, your solicitors or debt collectors will be a breach of my GDPR. 

 

In the light of the number of PCNs involved that may mean that the average figure of around £2000  for a GDPR breach may well go considerably higher in this case.

 

As this amount is higher than the amount your are claiming from me and which I do not owe, it would be sensible on your part to drop my case now.

 

Failure to cease and desist from pursuing me from now on will result in me pursuing you for breaching my GDPR.

I hope this clarifies the position and that you cancel all the PCNs.

 

That should give them food for thought. If they don't reply and they would be stupid if they did you get left in peace. if they or their minions reply you have them do reply , you can take them to Court asking for a minimum of £2000 for the breach.

 

I should add that if they just write for clarification that would not be a breach, just if they continue to demand money from you or continue taking you to court.

Edited January 20, 2023 by lookinforinfo

[mrk1]

Love it yes.

 

Send this cease to both dcbl and ukpc? In the same envelope as snotty letter or separate?