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Received 3 pcn on windscreen UKCPM
Geestar
post Thu, 25 Oct 2018 - 13:09
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Hi there,

The keeper received 3 pcn's around April time this year and wrote representation of them all, which obviously they rejected. The representation the keeper sent was the template from the NEWBIE THREAD.

The keeper has now received Debt recovery plus limited letter wanting £160 for each pcn.

Just wondering should I do anything at this stage?

Before I parked where I did I asked the enforcement officer if I could he said bays 93,94 and 95 is not being controlled by UK cPm and got him to send me the evidence which he did and have attached here.

Any suggestions or help would be much appreciated.
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post Thu, 25 Oct 2018 - 13:09
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nosferatu1001
post Thu, 25 Oct 2018 - 14:04
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IGNORE DEBT COLLECTORS, COMPLETELY

Send UKCPM a letter before claim for illegally accessing your data and causing you damage and distresss
Bays XXX are not in their contracted areas, as shown by the atatched excerpt, therefore they had no reasonable cause to apply to the DVLA.
You require they remit the sum of £750, £250 for each infringement of your rights under the DPA2018 and DPA1998, for access, processing and passing your data onto a 3rd party.

Your authority for this is Ferguson v British Gas and Vidal Hall v Google.

Only do so if you WILL take them to court, and get yoru draft LBA here first.
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Geestar
post Thu, 25 Oct 2018 - 15:11
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Sorry am new to this,

Can someone assist me writing this letter, and what is LBA
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kommando
post Thu, 25 Oct 2018 - 15:42
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LBA is Letter before Action, basically a warning letter stating

1. what they did wrong

2. how they need to correct their actions

3. what action you will take if they fail to follow 2 ie raise a claim in Court.

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Geestar
post Thu, 25 Oct 2018 - 16:44
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Can someone help me with these I've never done this before.

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Albert Ross
post Thu, 25 Oct 2018 - 16:59
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I think that you will first need to establish that the DVLA were consulted three times.
Is it one letter from DR+ for three tickets or three letters, one for each ticket at £160


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Geestar
post Thu, 25 Oct 2018 - 17:42
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3 letters

One for each ticket
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Geestar
post Fri, 26 Oct 2018 - 00:16
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CLAIM NUMBER: [xxx]



[xxx] (DEFENDANT) V [xxx] (CLAIMANT)



DEFENDANT'S COUNTERCLAIM AGAINST THE CLAIMANT



1. This is the Defendant's counterclaim against the Claimant for unlawful processing of data by the Claimant causing damage and distress to the Defendant.



2. Between [date] and [date] the Claimant processed the Defendant's personal data in such a way as to cause the Defendant significant damage and substantial distress. The damage and distress caused was unwarranted.



3. Briefly, the Defendant was caused significant damage and substantial distress because



(a) Bays 93,94 and 95 are not contracted areas for enforcement, as shown by the attached excerpt, therefore they had no reasonable cause to apply to the DVLA.



(b) I require they remit the sum of £250 for the infringement of my rights under the DPA2018 and DPA1998, for access, processing my data onto 3rd party.



4. Briefly, the damage and distress was unwarranted because the Claimant had no good reason to process the data in the way that it did.



5. On [date] the Defendant sent the Claimant a letter objecting to the processing of their personal data, indicating how the processing of their personal data was causing significant damage and/or substantial distress, and asking the Claimant to cease processing their data in this manner.



6. In the period after receipt of this letter the Claimant continued to process the Defendant's personal data in such a way as to cause significant damage and/or substantial distress.



7. Breaching the provisions of the Data Protection Act 1998 gives rise to liability in tort - Google Inc v Vidal-Hall & Ors [2015] EWCA Civ 311.



And the Defendant claims:



(a) damages, in such sums as the Court may find; and



(b) interest, pursuant to s. 69 of the County Courts Act 1984, at such rates and for such periods on the sums found due to the Defendant as the Court may think fit.



The Defendant believes the facts stated in this counterclaim are true.



Signed by the Defendant:



Date:


I found this in a different thread is this a LBA
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Albert Ross
post Fri, 26 Oct 2018 - 08:06
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No that is a claim.

You will need a letter to tell them to expect a claim, if they do not cease & desist processing your data. Cancelling any charges they may think outstanding, and erasing your data from their databases to prevent automatic escalations.

Tell them of their lack of authority where you were parked and give them a reasonable 10 days to acknowledge & comply.

Remind them that there are three instances. Otherwise a claim will follow using data protection principles.

Type print post office queue get a first class certificate of posting.


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Geestar
post Fri, 26 Oct 2018 - 09:43
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Ah OK, can someone point me to the right direction for a LBA please. Many thanks
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nosferatu1001
post Fri, 26 Oct 2018 - 10:05
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Have you searched for the obvbious term "letter before action"?
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Geestar
post Fri, 26 Oct 2018 - 15:46
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I tried that and letter before claim no template as such but I will look into it more tonight and if in the meantime someone has any links would be very grateful
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Geestar
post Fri, 26 Oct 2018 - 19:50
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I found a parking eye LBA template can I use the contents to send it to UK CPM?

Obviously I will tweak it before I send it to UK CPM with help from you guys

This post has been edited by Geestar: Fri, 26 Oct 2018 - 19:52
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Albert Ross
post Fri, 26 Oct 2018 - 21:22
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does it describe the wrong
the remedy
the consequences

Have you got the time to deal with a claim, even driving a claim is exhaustive, deadlines work both ways.

have a read of Ferguson:

then have a read of the case by Vidal Hall:

and have a read of the result of Googles Appeal:


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Geestar
post Fri, 26 Oct 2018 - 22:33
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I have the time during the evenings to work on these cowboys, it's making me p****d off now and when that happens I will spend a lot of time looking for answers etc.

One thing I haven't tried is contacting the landowners should I try that or am I passed that now?

Also am reading those cases you've sent me Albert thanks pal,every help I can get now and research

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manur
post Sat, 27 Oct 2018 - 01:35
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maybe you could use the following, but do get one of the experienced guys to clarify.

Dear Sirs,
DRP Ref ******
Your Ref*******
RE: Letter before action
You are using my personal data in a manner that has not been authorised and illegal. Accessing, processing and passing on personal data to third party in such a way has caused significant damage and substantial distress. The damage and distress caused is unwarranted.
The information you are using was obtained from the DVLA and UK Car Park Management Ltd had no reasonable basis to apply because bays 93,94 and 95 in Abbott Road is not under your jurisdiction to enforce as shown in the attached excerpt.
UK Car Park Management Ltd have obtained my details under the KADOE agreement from the DVLA which strictly forbids the passing on of information to third parties. Passing of such delicate information Unlawful use of personal data.
Debt Recovery Plus Ltd are not an agent of, or in any way associated with the UK Car Park Management Ltd.
The consequence of this is that Debt Recovery Plus Ltd have unlawfully obtained my details from UK Car Park Management Ltd and you are in breach of the DATA Protection Act 2018 and 1998 respectively.
As a consequence, you are now in breach of the Data Protection Act and must now desist from further use of my information and to cease any action you are taking as a result of the unlawful acquisition of it.
I require UK Car Park Management Ltd remit the sum of £750, £250 for each infringement of my rights under the DPA2018 and DPA1998, for access, processing and passing your data onto a third party

Under the provisions set by Ex turpi causa non oritur actio, Debt Recovery Plus Ltd must be prevented from benefitting from this unlawful act.
This is not a situation that you should overlook lightly as there is ample evidence of the lack of compliance to the DPA and you will be taken to court for any continuance. Your authority for this is Ferguson v British Gas and Vidal Hall v Google.

Yours Sincerely,


The Keeper
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ostell
post Sat, 27 Oct 2018 - 08:35
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DRP are acting as agents of UKCPM and therefore they have complied with DPA. THey have not bought the debt.
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Geestar
post Sat, 27 Oct 2018 - 09:21
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QUOTE (ostell @ Sat, 27 Oct 2018 - 09:35) *
DRP are acting as agents of UKCPM and therefore they have complied with DPA. THey have not bought the debt.


So what can be written or done or just take that part out completely?

Also if they didn't buy the debt why did they apply another £60 to the invoice?

This post has been edited by Geestar: Sat, 27 Oct 2018 - 09:23
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ostell
post Sat, 27 Oct 2018 - 13:45
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Take out DRP bits. The £60 is DRP's charge for the service they provide to UKCPM
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Geestar
post Sat, 27 Oct 2018 - 15:33
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Dear Sirs,

Your Ref*******
RE: Letter before action

You are using my personal data in a manner that has not been authorised and illegal. Accessing, processing and passing on personal data to third party in such a way has caused significant damage and substantial distress. The damage and distress caused is unwarranted.

The information you are using was obtained from the DVLA and UK Car Park Management Ltd had no reasonable basis to apply because bays 93,94 and 95 in Abbott Road is not under your jurisdiction to enforce as shown in the attached excerpt. The lack of authority that UK Car Park Management Ltd have on where I was parked, I give you a 10 days to acknowledge and comply with these demands.

UK Car Park Management Ltd have obtained my details under the KADOE agreement from the DVLA which strictly forbids the passing on of information to third parties. Passing of such delicate information is unlawful use of personal data.

The consequence of this is that UK Car Park Management Ltd are in breach of the DATA Protection Act 2018 and 1998 respectively.
As a consequence, you are now in breach of the Data Protection Act and must now desist from further use of my information and to cease any action you are taking as a result of the unlawful acquisition of it by cancelling any charges you may think outstanding, and erasing my data from your databases to prevent automatic escalations.

I require UK Car Park Management Ltd remit the sum of £750, £250 for each infringement of my rights under the DPA2018 and DPA1998, for access, processing and passing my data onto a third party


This is not a situation that you should overlook lightly as there is ample evidence of the lack of compliance to the Data Protection Act otherwise a claim will follow using data protection principles, and you will be taken to court for any continuance. Your authority for this is Ferguson v British Gas and Vidal Hall v Google.

Yours Sincerely,


Thanks ostell I've updated, is the above any better? Any errors please point it out for correction. Thanks for all your help guys

This post has been edited by Geestar: Sat, 27 Oct 2018 - 15:53
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