Received 3 pcn on windscreen UKCPM Options

[Geestar]

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.

Attached thumbnail(s)

 

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[nosferatu1001]

No, I mean you look at Henry Hippos threads, but you start at the final page and work backwards.

I dont like jurisdiction. Theyre not courts, they have no "juris", its just not an area they have been contracted to manage.

[Geestar]

When I wrote jurisdiction it was regarding UKCPM not having the authority to give tickets on those specific bays.

When should I send the letter ? This was the first letter from DRP.

Henry hippos thread I will give it some time soon bit busy at the moment

[Geestar]

Do I send the letter as it is? Any more improvements needed?

Took some pictures yesterday of the area will post it soon

Regards

[nosferatu1001]

My point was that you can't use the ord jurisdiction. They never have it, all they have is a contract.

Look, it's your letter
If you're happy, and prepared, send it.

[Geestar]

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 of personal data 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 cause to apply because bays 93,94 and 95 in Abbott Road are not under contract for the operator to enforce as shown in the attached excerpt.

The consequence of this is that UK Car Park Management Ltd are in breach of the DATA Protection Act 2018 and 1998 respectively, and I require you to cease and desist from further processing of my data. Any further processing of my personal data will be considered harassment and a flagrant disregard of the DPA.

I require UK Car Park Management Ltd remit the sum of £750, £250 for each infringement of my rights under the DPA2018 and DPA1998. My authority for this is Vidal Hall v Google and Ferguson v British Gas.

The lack of authority that UK Car Park Management Ltd have on the land where I parked needs to be understood, thus I give you 10 days to acknowledge and comply with the above demands.

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 and protection of harassment act. Otherwise a claim will follow using data protection principles, and you will be taken to court for any continuance.

Yours sincerely,

I've updated Nosferatu1001, I came to this forum for help in regards to my situation. As I have never been in this situation before I am willing to take on any advice as I can get. Thanks again guys really appreciate it

All of the pictures I have attached does not include the vehicle in question

Attached thumbnail(s)

 

[Albert Ross]

You said:

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.

You have attached photographs showing seven bays, none of which is 93, 94 or 95 that I can tell.
If you received a ticket in those bays you may have had a better chance with an appeal of Ostensible Authority or otherwise based on signage.
The amount of effort to graffiti those signs show that it would have been easier to remove the screw heads and the signs.

What contact have you had with POPLAR HARCA regarding those bays and those restrictions?

If the Parking contract between the landowner and UKCPM has changed, are UKCPM aware of it?

[Geestar]

Those signage and graffiti wasn't there when I got my tickets, where the silver car is parked that's bay 95 next to the driver side 94 and 93 next to that.

When I go to Poplar Harca's website it seems like all things regarding parking is going through UKCPM! Should I contact UKCPM for the contract?

[Geestar]

I asked poplar harca for the contract this is the response I got

The information you are requesting is privileged for to which we are not bound to provide and we are not a ‘public authority’ for the purposes of the Freedom of Information Act and therefore not bound by its provisions.



I would also advise that you don’t or shouldn’t need a copy of the contract to pursue if you believe that they have acted illegally.

[Geestar]

Guys is the LBA letter good to be sent any help would be much appreciated

[nosferatu1001]

I told you to explain the authorities and why they gave rise to a monetary amount, and you havent done so.
Youve been asked for some details as the pictures dont really show a lot.

[Geestar]

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 of personal data 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 cause to apply because bays 93,94 and 95 in Abbott Road are not under contract for the operator to enforce as shown in the attached excerpt.

The consequence of this is that UK Car Park Management Ltd are in breach of the DATA Protection Act 2018 and 1998 respectively, and I require you to cease and desist from further processing of my data. Any further processing of my personal data will be considered harassment and a flagrant disregard of the DPA.

I require UK Car Park Management Ltd remit the sum of £750, £250 for each infringement of my rights under the DPA2018 and DPA1998. My authority for this is Vidal Hall v Google which clearly defined that actual losses do not need to be demonstrated, a pure "distress" CLAIM CAN BE MADE, AND £400 is in line with recent judgements. This notice is given under section 10 (1) of the dpa1998

This continued pursuit of me for a charge which is unwarranted harassment has escalated to become a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009).

The lack of authority that UK Car Park Management Ltd have on the land where I parked needs to be understood, thus I give you 10 days to acknowledge and comply with the above demands.

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 and protection of harassment act. Otherwise a claim will follow using data protection principles, and you will be taken to court for any continuance.

Yours sincerely,


I have included the authorities, in regards to the details I have explained in post 47 and 48

This post has been edited by Geestar: Fri, 9 Nov 2018 - 09:40

[nosferatu1001]

Why the random caps, and why the £400 figure?

My point was that 47 and 48 dont really explain it.
its still shaky. Your excerpt doesnt prove anything as its not even got a company name, that I can see, and we havent seen photos of your vehicle in those bays.

[Geestar]

I will update letter when I get home.

First para of 47 was the graffiti wasn't there. Post 48# was the reply I got from Poplar Harca housing association after requesting the contract

I will also send the photos of what ukcpm took when they invoiced me.

Thanks for the pointers Nosferatu1001

[Geestar]

I have attached the letters sent from UKCPM, when I go to the website to download pictures I couldn't because it states that it's been referred to Debt collectors.

I hope this helps, after editing the caps and amount on the letter is it good to send?

Regards

Attached thumbnail(s)

 

[Geestar]

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 of personal data 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 cause to apply because bays 93,94 and 95 in Abbott Road are not under contract for the operator to enforce as shown in the attached excerpt.

The consequence of this is that UK Car Park Management Ltd are in breach of the DATA Protection Act 2018 and 1998 respectively, and I require you to cease and desist from further processing of my data. Any further processing of my personal data will be considered harassment and a flagrant disregard of the DPA.

I require UK Car Park Management Ltd remit the sum of £750, £250 for each infringement of my rights under the DPA2018 and DPA1998. My authority for this is Vidal Hall v Google Inc [2015] EWCA 311 which clearly defined that actual losses do not need to be demonstrated, a pure "distress" claim can be made. It was held by the Court of Appeal that compensation was payable upon the fact of this breach, and that it was not necessary to quantify a direct pecuniary loss. This notice is given under section 10 (1) of the dpa1998

This continued pursuit of me for a charge which is unwarranted harassment has escalated to become a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009).

The lack of authority that UK Car Park Management Ltd have on the land where I parked needs to be understood, thus I give you 10 days to acknowledge and comply with the above demands.

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 and protection of harassment act. Otherwise a claim will follow using data protection principles, and you will be taken to court for any continuance.

Yours sincerely,

How long do I have to send this off to UKCPM?

[nosferatu1001]

30 days for a LBA

[Geestar]

Ok, so the second letter has come from DRP.

Am I good to send the letter? Also do I send 3 separate ones or 1 of them with all 3 pcn?

[nosferatu1001]

We couldn't care less about drp

You're sending a single LBA of course. You're not taking them to court three times...

[Geestar]

With the proof of posting 1st class right? Will send this either tomorrow or day after.

Thanks for the help everyone and wish me luck

Regards

[nosferatu1001]

Yes, 1st class proof of posting. ANY post you do is the same, first class proof of posting. Never any other method.