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]

Thanks for this.

 

It seems you have hit some nails on the head. Hopefully power for me if this ever goes court?! 

As for a parking pass that was something given to long term traders. There may have only been 4 or 5. 
But as we know. I was not parking. I was only loading or unloading sacks of used clothing each weighing 20kg. 

We were allowed to unload or load.

 

As I stated if I was taking the micky I’d have 365 parking tickets as I’d be parking every day. But I have 11 only. Spread out over the year when I was caught loading or unloading.  

[mrk1]

Parking was permit holders only to my knowledge.

 

Those with permits would have been management or the special chosen traders who were able to got one. To be honest I don’t remember there being any marked bays as such. I don’t think. No special permit bays I think it was just an unmarked space. 

 

When 20ft hgv come in they just parked wherever they could. When people loaded or unloaded they parked were they could. Was a bit of a free for all. 

[mrk1]

I was only ever loading or unloading. How is it I can be in This position.

This is some rubbish and these Edit not getting a penny. 
If it goes court who will represent me? 

[mrk1]

Sounds good thanks.

 

Later on or tomorrow I’m going to re read the entire thread and make notes. Get a list of evidence on billet point form. And contact all appropriate parties for leases and contracts. 

Certainly was my stock on the floor. And certainly I was there loading or unloading as a tenant. For no more than 5 or 10 minutes.

 

This is absurd that these dogs actually think they can come and hold me over the toilet and empty my pockets.

 

Why are these [edited - HB] allowed to operate like this. 

[mrk1]

Agreed. Sorry about that. 

[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. 

[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. 

[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? 

[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

[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. 

[mrk1]

[email protected]

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. 

[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?

[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... ?

[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

[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

[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?!

[mrk1]

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

[mrk1]

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

[mrk1]

Sorry how do you mean.  

 

Do you mean the letter from dcbl legal?

[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. 

[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. 

[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

[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!