UKPC/DCBLegal windscreen PCN Claimform - ignored everything - not parked within lines - Crown Point Shopping Park, junction Street, leeds, ls10 1et

[royalblue1878]

it's not easy to see in the image but there is a mark on the screen on the drivers side about head height? 

[dx100uk]

 

i meant where is the actual ticket.................

[brassnecked]

If there was a ticket it would be placed on the screen photograph taken then ticket removed possibly.   Was there a ticket on the windscreen when the driver returned?

[royalblue1878]

ah sorry, it's missing along with the other paperwork. 

 

brassnecked - She remembers there was a ticket. 

Edited February 27, 2023 by royalblue1878

[brassnecked]

so she binned it then?

 

[dx100uk]

[royalblue1878]

So does a windscreen PCN change things for the worse? I guess that's why we couldn't find the PCN 'letter' . Would there have still been a letter to keeper sent? 

[brassnecked]

Yes if the ticket was ignored and not responded to with an appeal or a payment.

[FTMDave]

After putting the ticket on the windscreen (Notice to Driver), the fleecers will have sent a follow-up letter (Notice to Keeper).

 

To create keeper liability this has to arrive between 29 and 56 days after the event.  Normally UKPC can't be bothered to follow the law as after all most people don't know the law, sadly can't be bothered to find out and just blindly pay up thinking they've been fined.

 

That's why we need to see this paperwork.  It bemuses me why people who are in legal dispute think that throwing away the paperwork is a better strategy than keeping it.  Your daughter is not alone in this.

 

The SAR should do the trick.

 

 

[royalblue1878]

Thanks FTMDave. I'm not sure she threw it away but it's certainly missing after a redecoration and furniture move around! Will be certainly keeping an eye out for it on the meantime! 

[royalblue1878]

The date for filling in the defence is coming up in a few days.

 

I have nothing from the SAR or CPR yet which were sent on the 28th Feb.

 

Is there anything I can be doing now to prepare for the defence filing? 

 

Many thanks.

Edited March 20, 2023 by royalblue1878

[dx100uk]

our std generic bland defence is further down in the sticky you used to post up details of the claim.

 

dx

 

[honeybee13]

There are documents that FTMDave asked for that we haven't seen yet.

 

Don't wait for the PPC to reply if it makes you miss the deadline.

 

HB

[royalblue1878]

An email arrived yesterday from DCBL...

 

The email address they used would have come from the defence submitted a couple of days ago.

 

Without Prejudice.

'Our client is prepared to make an offer to potentially conclude this matter. Please call us within 7 days.'

 

 

Edited March 24, 2023 by royalblue1878

[Nicky Boy]

Ignore the offer completely.

Reply telling them in no uncertain terms that email is not to be used for any further communication.

Then block their email address.

 

Also send a 2nd class letter confirming that email is not to be used.

Don't forget your free proof of postage.

[FTMDave]

Well, presuming there has been no response to the SAR today, it means we move on to Monday when the month's deadline is up.

 

Throwing away the paperwork when you're in legal dispute is, frankly, insanity.  And if UKPC refuse now to cooperate, it'll mean your daughter having to prepare her Witness Statement for the court without really having a clue whether their paperwork was in order legally or not.

 

She could complain to the ICO.

 

She could also send a Letter of Claim threatening to sue them for a couple of hundred quid.  However, it's a dreadful tactic in legal disputes to threaten something and then not carry it out.  It just shows you up to be a paper tiger to be laughed at.  So if they continue to refuse to cooperate, she has to be prepared to sue them.  Have a read of Moaning Crusader's thread, who is someone who has done this  https://www.consumeractiongroup.co.uk/topic/452147-loc-to-ncp-for-failure-to-supply-sar-paid-in-full/#comments  and have a think over the weekend if you want to go down this road, and get back to us.

[royalblue1878]

OK nothing form UKPC regarding the SAR. I will put in a complaint with the ICO and send an LOC to UKPC.

 

I  Have the LOC ready to go, just not been able to get out due to health reasons but will put that in the post on Monday followed by a complaint to the ICO.

 

I have used the same format for the LOC as Moaning Crusader with dated changes etc.

 

Letter Before Claim

 

To whom it may concern,

On Tuesday 28th February I sent you a subject access request for a statutory disclosure of my personal data under the Data Protection Act.

You have failed to comply.

You have now breached your statutory duty. It has caused me a great deal of distress not having my data in order to understand the problems you have caused by the failure of your systems and your charging process, together with the necessity to chase after you to get this disclosure.

You have 14 days to respond, after which I shall begin a County Court claim against you.

 

Yours faithfully

 

If there are any changes you advise I will have it ready to go on Monday.

 

Many thanks.

 

One more thing... Should a LOC be signed?

Edited March 31, 2023 by royalblue1878

[AndyOrch]

Typed name will suffice.

[FTMDave]

Looks good to go to me.

 

Remember it has to come from your daughter.

 

Get a free Certificate of Posting from the post office.

[royalblue1878]

Yesterday we received a pack form DCBL which contained:

 

A covering letter stating: In relation to the above matter please find enclosed all evidence we currently hold on file.

 

A copy of the original windscreen ticket. dated 25/02/2019

 

2 copies of letters:

Re: NTK - 27/03/2019

Notification letter (making keeper liable|) - 24/04/2019

(The dates between to the two letters is 29 days.)

 

Copies of images taken of the car x6 (including a picture of the passenger seats?)

 

4 print outs of the contents of various signs used in the car park

33 actual images (poor quality) of the parking signs around the car park

 

This has not come from UKPC so I guess is not considered the contents of the SAR request?

Contracts requested between UKPC and the land owners and planning permission for signs also not sent.

 

Should any actions I take  change now?

 

Thank you.

[FTMDave]

That will be the reply to the CPR request you sent to DCBL.  It's completely normal that they haven't included the contract or the planning permission (in the latter case because it won't exist and you can use that against them). 

 

In a sense you've now got the best of both worlds.  You've kept the pressure on UKPC but you've obtained what you need from DCBL.  Please post up the windscreen ticket and the 27.03.2019 NTK, both sides, obviously redacted, these are the important bits of paper we need to see.

[royalblue1878]

Here is the latest PDF containing the NTK and original windscreen ticket. 

030423 merged pdf_compressed.pdf

Edited April 2, 2023 by royalblue1878

[brassnecked]

I see they have indicated they are adding the Unicorn Feed tax  of £60 to the alleged debt, hmmm again.

[FTMDave]

Well, they have respected POFA guidelines for the time frame in which to send out their bilge.

 

Still doesn't alter the fact that the parking attendant engineered the "offence" by entrapment and didn't mitigate.

[FTMDave]

It's just clicked with me that you were going to send the LoC today.  Have you done so?