Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Iaali2 on July 03, 2023, 01:29:59 pm
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Thank You. I have now just completed an online form to report a crime to the police. Can't believe that has happened to me. There are some real nasty people out there !!
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If that is not your car then you should report this to the police urgently. They may ask you to provide photos - it seems clear from the ones you've uploaded that this is two different cars.
You should get a Crime Reference Number (or some form of reference from the police) - you could then write to the parking company explaining this.
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And this is the images of the car they sent me
[attachment deleted by admin]
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Please see the images
[attachment deleted by admin]
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Hi,
Thank you for the support, I have finally received the response from the Private Parking Company. I can 100% confirm that it was not my vehicle, it seems like someone has cloned my number plate.
images coming
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Send across documentation to verify your identity to them.
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I have since received the attached.
The third one of those letters is from June, did it turn up by post? If so, when? And is it addressed to the correct address?
If you have not received a response to the SAR, chase up immediately asking why they have failed to comply with their legal duty to respond. Also file a complaint with the Information Commissioner's Office - https://ico.org.uk/make-a-complaint/ (https://ico.org.uk/make-a-complaint/)
At least you now have some more details of the event. Getting some photos of the signage at the site would be wise.
Have just received a response regarding the SAR
[attachment deleted by admin]
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IMO, while we're waiting for their response go to the location, see how a driver could approach from the nearest public road and see what entrance signs are displayed, see this: https://irp.cdn-website.com/262226a6/files/uploaded/Code_of_Practice_v8.pdf
Pages 20, 28-30.
Agreed - get lots of photos and perhaps also a video. If the signage is shoddy, then demonstrating this will certainly help.
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You posted: 'I do Private Hire part time, the vehicle wouldn't have been parked and left there, it would have been to pick up a passenger from the location.'
..is not a defence. Being there stationary for more than a moment is all that the money-grubbers need IF the location sits within a private area of land subject to parking controls which have been brought to a driver's attention.
As you do part-time private hire work then as you received your first notice 5 weeks after the PCN was issued then surely you would still have had your logs which would tell you whether you knew who was driving. But putting this to one side for the moment..
The car was at the location in their photos. So, side-stepping threats to involve the ICO (who wouldn't get involved in the substantive issues anyway) why not go to the location and suss it out. IMO this would be time well spent. If it throws up a potential line of defence, good. If not then everything hangs on the PCN(although as the creditor is IPC-affiliated you wouldn't succeed at this level of appeal and would be relying on a court.
GSV is not current. But what does arise is that the car was parked on what to all intents and purposes is a road, it's even got public realm traffic signs.
IMO, while we're waiting for their response go to the location, see how a driver could approach from the nearest public road and see what entrance signs are displayed, see this: https://irp.cdn-website.com/262226a6/files/uploaded/Code_of_Practice_v8.pdf
Pages 20, 28-30.
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Fair point.
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Well the chasing email was badly worded, you don't 'request a SAR' you send one, and they won't be requesting one from you! The intent is probably clear though.
Requesting a 'Subject Access Request' would be contrary!
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This was the email I sent
[attachment deleted by admin]
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If you have not received a response to the SAR, chase up immediately asking why they have failed to comply with their legal duty to respond. Also file a complaint with the Information Commissioner's Office
Has nothing to do with the substantive issues
The OP doesn't currently have a copy of the Parking Charge Notice. Given that contains much of the information that would be necessary to assess his potential liability for the charge, getting a response to his SAR is obviously a substantive issue.
an extra-procedural gambit to cause them to abandon their claim.
Other than you, nobody has claimed the purpose was to cause them to abandon their claim. I recommended complaining to the ICO because I'm of the opinion that companies should comply with data protection law, and those who do not should be reported for it (and of course, the ICO sniffing around can 'encourage' compliance and thus perhaps result in a response to his SAR).
If you're of a contrary opinion regarding reporting non-compliance, you're certainly entitled to it.
IMO it won't work and is just giving you false hope.
Again, nobody has claimed it will 'work' in the sense you seem to be referring to, so I'm not sure what hope could have been created.
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OP, IMO in truth you're just treading procedural water.
Pl post your email. We need to see whether you've let the driver cat out of the bag as you have with 'Not sure how I would have been able to see the sign if I didn't even get out the car.'
Pl amend your post and I'll edit mine. So far your only defence as keeper is that they might not have complied with PoFA. But if you've said you were driver then that's a non-starter.
If you have not received a response to the SAR, chase up immediately asking why they have failed to comply with their legal duty to respond. Also file a complaint with the Information Commissioner's Office
Has nothing to do with the substantive issues and is just an extra-procedural gambit to cause them to abandon their claim. IMO it won't work and is just giving you false hope.
..and I don't even recall being at the alleged place. V how I would have been able to see the sign if I didn't even get out the car.'??
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I have since received the attached.
The third one of those letters is from June, did it turn up by post? If so, when? And is it addressed to the correct address?
If you have not received a response to the SAR, chase up immediately asking why they have failed to comply with their legal duty to respond. Also file a complaint with the Information Commissioner's Office - https://ico.org.uk/make-a-complaint/ (https://ico.org.uk/make-a-complaint/)
At least you now have some more details of the event. Getting some photos of the signage at the site would be wise.
I have emailed them and added a complaint.
I have searched on Google Maps and have found this..
https://www.google.com/maps/@51.5006433,0.0071357,3a,75y,213.53h,82.7t/data=!3m6!1e1!3m4!1sfnLvw5QOjSktt2e-FQ0xcw!2e0!7i13312!8i6656?entry=ttu
Not sure how any driver would have been able to see the sign if he didn't even get out the car.
[attachment deleted by admin]
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Hi,
I don't know if there was issues with the mail, but it was addressed correctly and was received after the Initial letter from Debt Management.
I do Private Hire part time, the vehicle wouldn't have been parked and left there, it would have been to pick up a passenger from the location.
I don't even recall going there tbh.
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I have since received the attached.
The third one of those letters is from June, did it turn up by post? If so, when? And is it addressed to the correct address?
If you have not received a response to the SAR, chase up immediately asking why they have failed to comply with their legal duty to respond. Also file a complaint with the Information Commissioner's Office - https://ico.org.uk/make-a-complaint/ (https://ico.org.uk/make-a-complaint/)
At least you now have some more details of the event. Getting some photos of the signage at the site would be wise.
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If this is the first correspondence you've received, the first thing you need to do is make sure your vehicle's V5C document is up-to-date. Get the V5C out and check the address.
Next thing you'll need to do is get some more information on the matter - to do this, send a Subject Access Request (https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/) to the parking company (UK Car Park Management Ltd, not the debt collectors) asking for all the data they have on you. This should go to dpo@uk-cpm.com (dpo@uk-cpm.com)
Hi,
I sent the email to the above, and haven't had any response. I have since received the attached.
Is there any guidance you can give on this.
Kind
[attachment deleted by admin]
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Ignore the last message.. just seen the link has a template on there.
Thanks again for your help
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Thank you, The address is 100% correct on the V5 document.
So need to contact them for SAR?
Is there any templates I can use in regard to requesting that??
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If this is the first correspondence you've received, the first thing you need to do is make sure your vehicle's V5C document is up-to-date. Get the V5C out and check the address.
Next thing you'll need to do is get some more information on the matter - to do this, send a Subject Access Request (https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/) to the parking company (UK Car Park Management Ltd, not the debt collectors) asking for all the data they have on you. This should go to dpo@uk-cpm.com (dpo@uk-cpm.com)
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That's the attached letter
[attachment deleted by admin]
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Hi,
Not sure what to do with this one, I haven't received any letters, or tickets regarding this before. I don't even recall being at the alleged place.
Any help would be gratefully received