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    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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UKPC DCBL - PCN 2019 - now claimform - McDonald's Gelderd Road Leeds ***Claim Discontinued***


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If you haven't printed it yet, open the SAR template, write at the top "Firstly, please note that I no longer live at XXXXX and that my new address is XXXXX".  Then just go on with the SAR template.

 

Stick in some I.D. such as a Council Tax bill otherwise they will use lack of I.D. as an excuse not to comply.

 

As dx says, you need to write to anyone else you may be in legal dispute with to give your new address, otherwise all they have to do is send a claim form to your old address like Parking Eye did and you're stumpted.

 

Make sure the DVLA know your new address for your licence and any vehicle(s) you own.

We could do with some help from you.

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  • 3 weeks later...

Aren't you jumping the gun?

 

They still have 22 days to respond.

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We could do with some help from you.

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54 minutes ago, mrk1 said:

But interestingly enough sent about 15 other ‘incidents’. I used to run a shop in a shopping centre. And I was told by management I couod park under the centre. Long story short is ukpc kept putting tickets on and I refused to take notice.

You know what happens when you move and you don't tell the people you're in legal dispute with your new address.

 

However, UKPC do say they have updated your address.

We could do with some help from you.

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30 minutes ago, mrk1 said:

I am guessing the other 10 to 12 incidents of older vehicle are dead now. Cause I have never received any invoices from dirty DCBL about that. And I’d go to hell before I pay them anyway. 

And exactly why are you "guessing" that?

 

You've been here a long time now, you're highly experienced with these disgusting fleecers and with the law.

 

You know full well that they have six years in which to issue a claim.

 

As this is an older vehicle, you'd better send a short letter to UKPC, with free Certificate of Posting from the post office, quoting whatever reference you have, and give them your new address.  Otherwise you might easily end up with a CCJ for over two grand.

 

And do the same with anyone else you might be in legal dispute with - as we keep telling you.

We could do with some help from you.

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The most important page of the lot is the original PCN.

 

We need to see what it was issued for, and if the fleecers respected legal timescales when they sent it out.

 

But we can't do any of that, because instead of reading the simple upload guide you've put a mound of pieces of paper over it, blanking out not only your details but all the stuff we need to see - the date you parked, the date the charlatans sent their invoice, the time you entered the car park, the time you left, etc.

We could do with some help from you.

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15 hours ago, mrk1 said:

Im not computer illiterate.

I, on the contrary, am computer illiterate.

 

The first time I uploaded something I was sure it would go wrong.  Yet, amazingly, I got it right, simply because the person who had prepared the upload guide had written clear instructions.  Clear even for a dumbo like me.

 

Conclusion - click on upload and follow the instructions, as dx keeps saying.

 

As for the 17-minute "overstay".  The fleecers own trade association allows 10 minutes to get out of the car park.  The government Code of Practice allows five minutes at the start to read the signs and 10 minutes to get out of the car park at the end.  Then there's the matter that you were there at a time of peak traffic and it could have taken longer to get away.

 

As it's such a short "overstay" you could write to the CEO of McDonalds to try to get it cancelled         https://ceoemail.com/s.php?id=ceo-8918&c=Mcdonald's Restaurants Limited-CEO  Lay it on thick about being a genuine, and regular, customer.  I don't think McDonalds are generally very cooperative with these things, but, hey, nothing ventured ...

We could do with some help from you.

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Attachment hidden.

 

As well as the parking times, the other important detail is when the fleecers sent you their bilge  You were in McDonalds on 18.10.2019.  What date did they send their letter?

We could do with some help from you.

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PDFs swapped.

 

Your registration was showing on the last page but I've sorted that.

 

I don't know how you expect people to help you when you upload what looks like an expressionist painting covered in bits of paper and full of red lines obscuring important details, instead of, er, reading a simple upload guide.

 

dx, pretty sure the letter is 24 October 2019.

We could do with some help from you.

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The manager is lying to you.

 

Time to stop being nice.  Reply that the fact that an uninterested third party has written a letter is neither here nor there.  McDonald's are the organ grinder, they called in UKPC, and if they don't cancel the invoice you will add them as a Third Party to any court action.

 

And given this manager is a waste of space, also get on to the CEO  https://ceoemail.com/s.php?id=ceo-8918&c=Mcdonald's Restaurants Limited-CEO

 

 

 

We could do with some help from you.

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You can't force him but you can embarrass him and be a total pain the in the backside so that from his point of view it's just easier to cancel it and get rid of you.

 

You've tried phoning, you've got nowhere, time to put things down formally, legally in writing.  Call him, get an e-mail address, and come back here.

 

 

We could do with some help from you.

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OK, how about this -

 

 

Dear XXXXX,

 

Re: PCN no. XXXXX

 

I refer to our recent telephone conversations regarding a demand for £160 from your agents UK Parking Control Ltd.

 

I am most disappointed to have received this bill, with threats about court action, for an alleged "overstay" of just 17 minutes during which I and my party were consuming food and drink, which surely is what McDonald's want. 

 

I am a regular customer of your restaurants.

 

Its is completely untrue that the invoice cannot be cancelled because it "has gone to debt collection".  All that means is that an uninterested third party which does not own the debt has sent a single threatening letter.

 

It is McDonald's who called in UK Parking Control Ltd., you are the organ grinder, and you can tell this company to cancel the invoice if you want to.

 

I have tried to be polite about this matter, and I thank you for your time, but let it me make it quite clear I refuse to pay this sum and should UK Parking Control Ltd. commence court action, which seems likely, I will add your company as a Third Party to the claim.

 

All this unpleasantness could easily be avoided if you simply told your agents to cancel this bill.

 

Yours,

 

 

Check it for accuracy, see what the other regulars have to say this afternoon, then send off this evening.

 

 

 

And as well as that, as we keep saying, e-mail McDonald's CEO.

 

This local manager may have very little power, so, belt & braces, get on to the big guns too.

 

 

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8 minutes ago, mrk1 said:

Who gave me a ccj last time then? 

But there is a legal process.

 

The fleecers have to formally threaten legal action with a Letter of Claim.

 

Then they have to issue a claim form.

 

After they have to win the court case.

 

If by some freak they did all that, as long as the motorist paid within 30 days, there would be no CCJ.

 

CCJs are only given to people who, having lost in court, defy the court and still refuse to pay.

 

That's why we harp on about updating car log books, etc., so you don't miss the whole court procedure and end up with a CCJ by default.

 

1 hour ago, honeybee13 said:

DCBL can't take you to court. I see FTMDave is hovering, I'll let him tell you.

LOL, HB.

 

I was at work unfortunately, but as the computer is always on it'll have seemed I was hovering!

 

On a break now so i can scribble at last.

We could do with some help from you.

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4 hours ago, honeybee13 said:

Tell us more please. What happened last time?

 

Is there a thread to link us to?

I think it's this HB -

 

We could do with some help from you.

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  • 3 weeks later...

Have you had a reply from (a) the local McDonald's manager or (b) McDonald's CEO?

We could do with some help from you.

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Of course the CEO of McDonald's won't read your mail.

 

The CEO's team will though and may well help you out.

 

We have had loads of PCNs cancelled after e-mails to the CEO.

 

But if you prefer not to even try and choose instead to be taken to court, then fine, your choice.

We could do with some help from you.

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Just lay it on thick about being a genuine, and regular customer.  Attach any proof of payment.

 

Add that you've contacted the local manager but s/he refused to help you.

 

Just keep it simple. 

 

The idea might fail miserably, but it's just an e-mail and surely worth a try.

We could do with some help from you.

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As written on your other thread:

 

1.  Presuming you don't have this paperwork, and presuming they don't formally know your new address, SAR UKPC today (not DCBL) and add a new first paragraph "Firstly, would you kindly note that I no longer live at XXXXX, my new address is XXXXX".  Get that off today 1st class with a free Certificate of Posting from the post office.

 

2.  This evening knock up a draft of a snotty letter.  There are loads on the forum.

 

3.  This evening explain to us, succinctly, how you got these five invoices.

We could do with some help from you.

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Ignore the above.

 

With two threads there was just some confusion, that's all.

 

Thanks for being so clear about what happened at the shopping centre.

We could do with some help from you.

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dx is right.

 

Just composing something now.

 

Sorry to hear this.

 

McDonald's have never been particularly cooperative with parking tickets.

 

However, I would write again, given some companies have a policy of fobbing off the motorist with a first contact but then giving in to those who continue.

 

Send this but don't get your hopes up.

 

Dear XXXXX,

 

Re: PCN no. XXXXX, McDonald's Gelderd Road Leeds

 

thank you for your e-mail of XXXX regarding a demand for £160 from your agents UK Parking Control Ltd.

 

I am most disappointed to have received this bill, with threats about court action, for an alleged "overstay" of just 17 minutes during which I and my party were consuming food and drink, which surely is what McDonald's want. 

 

I am a regular customer of your restaurants.

 

I see the excuses change continuously.  The branch manager "couldn't" get the invoice cancelled because it "had gone to debt collection".  All that means is that an uninterested third party which does not own the debt had sent a single threatening letter.

 

Now you are "unable to deal with any specifics or cases on an individual basis".  Rubbish!  This is not a "fine" as you erroneously state, it is an invoice from a private company, a private company that you called in.  Of course you are able to call your dogs off. 

 

Regarding the appeals procedure, I am outside the timeframe for appealing as I never received the paperwork due to moving.  However, that is not the main point.  You are the organ grinder, and you can tell this company to cancel the invoice if you want to.

 

I have tried to be polite about this matter, and I thank you for your time, but let it me make it quite clear I refuse to pay this sum and should UK Parking Control Ltd. commence court action, which seems likely, I will add McDonald's as a Third Party to the claim.

 

All this unpleasantness could easily be avoided if you simply told your agents to cancel this bill.

 

Yours,

We could do with some help from you.

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As I say, don't get your hopes up.  But nothing ventured ...

We could do with some help from you.

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  • 2 weeks later...

I take it no help from either local or national McDonald's?

We could do with some help from you.

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