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**

[brassnecked]

DCBL can't "Own" it, Parking debts cannot be sold on like consumer card debts, they can only act for the fleecer. Now as they are no longer in the car park we need to know when they got booted in favour of not so Smart.  Couled it be that their permit system was penalising too many leaseholder's?

[mrk1]

The new owner bought the centre in June 2021.  (not so)

SMART PARKING was in operation when they bought it...

 

I guess I could ask, but don't want to exhaust my main man in the centre, the manager, he seems cool to work with me, I don't want to annoy him, but if we have some solid questions that may invigorate his mind further he may be willing to help.

 

Here is the scan of PCN and picture of my van whilst it was loading / unloading!

 

 

 

10 PCN Windscreen tickets+photos .pdf

[Nicky Boy]

Did you receive further paperwork from UKPC about these tickets through the post?

[mrk1]

Hi. No this was what I received.

 All of this info was from a SAR.

 

I was sent this SAR by UKPC a few weeks ago.

 

I assume this is everything they sent me. Though obviously I don’t have any info from DCBL or what they sent me as maybe UKPC sent this to dcbl after 2 letters?

[FTMDave]

Redacting done.

 

It was about a million times easier to do than yesterday

 

However, we said yesterday on several occasions that we needed to see the original PCNs.  You haven't uploaded any of these.  The whole point of all this uploading work is to see if the fleecers have sent out the documentation in line with the Protection of Freedoms Act and so if they can transfer liability from the driver to the keeper or not (the PCN needs to arrive between 29 and 56 days after the "offence").

 

We can't do anything without seeing the PCNs. 

 

[mrk1]

Oh sorry about that. 
 

I don’t have any pcn. All I have is what UKPC sent to me. Pcn being the yellow tickets in the window? I don’t have any of these. 
 

[FTMDave]

No, we mean the letters they sent you.  Like the attachment here.

1.pdf

[mrk1]

Oh damn, I misread, I thought this was what you didn't need, I spent 5 mins in library taking them out, I will have to go back tomorrow now, their scanner just sucks them all up and dos them one by one, yes I have these in my bag. I will scan tomorrow and upload asap.

[FTMDave]

Now, it's good work you getting on the shopping centre and great that this Syed is so cooperative, but legally the conclusion is terrible.

 

UKPC won't accept orders to cancel the tickets from a former client where they've been booted out, and Syed wasn't even the owner then anyway.

 

You are going to have to battle UKPC.

 

However, all is not lost, their signage is miniscule and above all you had every right to be there to unload.

 

 

[honeybee13]

Or you could say that they had a valid contract at the time of the parking event. The experts will know. 

 

Edit: sorry, I was replying to a conversation between the OP and Nicky Boy and a load of other posts suddenly appeared. 

 

HB

[mrk1]

Oh dear. 
And yes I had every right.

 

The very reason those signs were up so shoppers could not use the parking spaces. 

I was legally allowed to drive my van in and drive it out. Some tenants had special passes - longer serving tenants.

 

I was unloading and loading my van. And at times I’d have 10-15 20kg bags so over the course of the year they have caught me mid unload or load. I seen them doing it once or twice too but had to get stock in or out and open up. I’d always park my van eventually after 20 mins or so. 
 

So what now? Still uploads those other parts tomorrow? 

[Nicky Boy]

Yes mrk, the guys still need to see them.

 

So this was not a customer car park at all?

Tenants (and deliveries) only?

[FTMDave]

What now?  Start slowly to build up evidence for the coming battle with UKPC.

 

1.  Yes, please upload the PCNs tomorrow so we can see if UKPC have bothered to follow the law.  They often don't.

 

2.  Get on to the DVLA to see who has been accessing your data  https://www.consumeractiongroup.co.uk/topic/409717-letteremail-to-contact-the-dvla-to-see-who-has-been-requesting-andor-accessing-your-data-registered-owner/

 

UKPC are supposed to have asked for your details 11 times but they may have got lazy and not bothered after a while.

 

3.  Have a look on the planning portal of whichever council is responsible for HD1 2RT and see if UKPC had planning permission for their signs.  It's almost certain they won't have.

 

4.  In about a fortnight send a snotty letter to DCBL ridiculing their Letter of Claim (£160 x 5 = £1600 apparently!!!)  This will just be a delaying tactic in this case.  I would guess they would then send a more accurate Letter of Claim and some weeks after they will sue you.

[mrk1]

Yes. I don’t think it was intended for public. Tho some did lark there 

 

if Ukpc did not ask for data or have planning permission it’s a game set match to me?

[Nicky Boy]

Game: definitely.

Set: possibly.

Match: no guarantees, hands of the gods/judge.

[mrk1]

What about the centre manager? Can I ask him if he can do anything?

Edited January 4, 2023 by mrk1

[brassnecked]

Also although this is a Tenancy case where a tenant stopped outside a desuignated parking place, unloading is not parking and might also help rend UKPC in the javbberworts with a big blurglecruncheon.   Hopson V Homeguard

 

http://nebula.wsimg.com/f6d657adf7df70d27e1dd285688b5701?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

[FTMDave]

As you have about a fortnight before a snotty letter has to be sent, there is loads of time for the regulars to tweak this -

 

Dear Yasmin & Jamie,

 

cheers for your Letter of Claim.  I rolled around on the floor in mirth at the idea you actually thought I'd take such tripe seriously and cough up!

 

I know you pretend your greedy client can add Unicorn Food Tax and claim £160 for these PCNs.  So the five times table.  5 times £160 now equals £1600 does it?  it didn't when I went to school.

 

I pity your client if that utter rubbish attempt at respecting the Pre-Action Protocol found itself in front of a judge.  Your company does seem to have problems with basic mathematics.  I suggest you study for your KS1 SATs which is about your level.

 

This is all aside from the fact that your client was made well aware way back in 2018 that I had every right to use that loading area, and I can prove it.

 

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.

 

I look forward to your deafening silence.

 

COPIED TO UK PARKING CONTROL LTD

Edited January 15, 2023 by FTMDave
Extra info added

[mrk1]

EXACTLY, I was unloading and loading! And ith 10-15 bags sometimes on some days it would take a while!

 

On 04/01/2023 at 13:17, FTMDave said:

As you have about a fortnight before a snotty letter has to be sent, there is loads of time for the regulars to tweak this -

 

Dear Yasmin & Jamie,

 

cheers for your Letter of Claim.  I rolled around on the floor in mirth at the idea you actually thought I'd take such tripe seriously and cough up!

 

I know you pretend your greedy client can add Unicorn Food Tax and claim £160 for these PCNs.  So the five times table.  5 times £160 now equals £1600 does it?  it didn't when I went to school.

 

I pity your client if that utter rubbish attempt at respecting the Pre-Action Protocol found itself in front of a judge.  Your company does seem to have problems with basic mathematics.  I suggest you study for your KS1 SATs which is about your level.

 

This is all aside from the fact that your client was made well aware way back in 2018 that I had every right to use that car park, and I can prove it.

 

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.

 

I look forward to your deafening silence.

 

COPIED TO UK PARKING CONTROL LTD

 

I like this letter, should I actually send this? I like the idea of them having to pay me!?

Also do you know I have 11 pcn??

As for DVLA, I don't have the following....

 

Vehicle Index: XXXX XXX

VIN: XXXXXXXXXXXXXXXXXX

And for verification. V5C Document ref: XXXXXXXX

 

 

???

[FTMDave]

10 minutes ago, mrk1 said:

So if Ukpc did not ask for data or have planning permission it’s a game set match to me?

For PP sadly no.  It should be.  But judges will not decide a case on PP alone.  No PP does however help to build up a picture in the judge's mind of a company that doesn't bother with the niceties of the law.

 

I think that every PCN they haven't asked the DVLA about should be chucked out, yes.

 

Re the DVLA.  No.  The DVLA stuff is on this link  https://www.consumeractiongroup.co.uk/topic/409717-letteremail-to-contact-the-dvla-to-see-who-has-been-requesting-andor-accessing-your-data-registered-owner/

 

[brassnecked]

Yes its decent for sure, might be a couple of tweaks or suggestions but FTMDave has encapsulated the gist

 

The idea is NOT to be polite, but to let them no beyond any doubt that you know that their case is pants and with the letter now they know that you know also..

[mrk1]

What about this stuff?? I don't this index and vin?

 

Vehicle Index: XXXX XXX

VIN: XXXXXXXXXXXXXXXXXX

And for verification. V5C Document ref: XXXXXXXX

 

I will copy and save letter now, and send in 2 weeks? Is there a certain address??

 

I will contact DVLA as soon as I know about this VIN stuff above?

 

As for planning permsission maybe i need to call Huddersfield council?

[FTMDave]

6 minutes ago, mrk1 said:

I like this letter, should I actually send this? I like the idea of them having to pay me!?

Yes, but not now.  You have till 27 January. 

 

8 minutes ago, mrk1 said:

Also do you know I have 11 pcn??

Yes, but DCBL have only quoted five, thus the ridiculing of them.

 

8 minutes ago, mrk1 said:

As for DVLA, I don't have the following....

 

Vehicle Index: XXXX XXX

VIN: XXXXXXXXXXXXXXXXXX

And for verification. V5C Document ref: XXXXXXXX

Well send whatever proof you do have of being the vehicle owner and see what they say back to you.

[mrk1]

No planning permission according to this search... HD1 2RT

 

Search for planning applications | Kirklees Council

WWW.KIRKLEES.GOV.UK

---

Delivering information for individuals, businesses and organisations about this area in the Yorkshire Pennines area of England

 

 

2 minutes ago, FTMDave said:

Yes, but not now.  You have till 27 January. 

 

Yes, but DCBL have only quoted five, thus the ridiculing of them.

 

Well send whatever proof you do have of being the vehicle owner and see what they say back to you.

 

I am not sure what proof I have now? Only pictures.

Maybe I could look for bank statements that show I paid TAX on it?

[FTMDave]

Great suggestion from BN re Hopson V Homeguard.

 

6 hours ago, mrk1 said:

No planning permission according to this search... HD1 2RT

You're not messing about today! 

 

Get on to the DVLA today with whatever proof of vehicle ownership you have.  If they then say it's not enough and ask for further details so be it.  But get the ball rolling.

 

Don't worry about the snotty letter, we'll remind you in a fortnight.