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Messages - dfwtolhr

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1
Received response from the DPO of UKPC:

Please can you confirm your identity as per the following for verification purposes (if you are the keeper of the vehicle, if you are not, we would need the information of the keeper of the vehicle as well as confirmation that you are authorised to receive the subject access request documents):
i)            your proof of address
ii)           your photo identification

Am I ok to send the above?
As for the keeper (leasing company) info and authorisation would I need to send the transfer of liability letter?

2
Is the defence above ok?

3
The Defendant is the Hirer/Lessee of the vehicle xxx. The Defendant denies that the Claimant is entitled to the relief claimed, or any relief at all.

The Claimant’s particulars of claim state that a parking charge was incurred by the driver of the vehicle on xxx. The Defendant was not the driver of the vehicle at the material time and is under no legal obligation to identify the driver to a private parking operator.

The Claimant has brought these proceedings against the Defendant under the assumption that the Hirer must be held liable for the actions of the driver. In English Law, there is no presumption that the hirer or keeper of a vehicle was the driver on any given occasion (Combined Parking Solutions v Ms X).

To transfer liability for a parking charge from the driver to a Hirer, the Claimant must strictly comply with the mandatory statutory requirements set out in Paragraph 13 and Paragraph 14 of Schedule 4 of the Protection of Freedoms Act (PoFA) 2012.

The Claimant failed to comply with PoFA 2012 Schedule 4. Specifically, the Claimant failed to provide the mandatory documentation required under Paragraph 14(2)(a), which dictates that the Notice to Hirer must be accompanied by a copy of the hire agreement and a copy of the signed statement of liability. The Claimant failed to provide these documents, rendering the Notice to Hirer defective and invalid.

Due to the Claimant’s strict failure to adhere to the rigid statutory requirements of PoFA 2012 Schedule 4 regarding hired vehicles, the Claimant has forfeited the right to claim hirer liability.

Consequently, the Claimant has no lawful cause of action against the Defendant. The Defendant cannot be held liable for a contract to which they were not a party.

The Court is respectfully invited to strike out this claim as having no reasonable prospect of success.

4
Haha thats quite ok.
I'm sorry if I sounded like I was asking you to do all the work for me because I definitely wasn't expecting it and I'm very grateful for the help that you and others on here provide in your own free time. It was just the ... at the end that threw me!

I will draft a response - is it ok to respond on the moneyclaim website or is by post/email best?

6
I have received Form TE3 order for recovery along with TE9 witness statement. Is it enough to tick the box that I did not receive the NtO or will I need to send some additional written statement and/or form TE7 as well?

7
Sorry not sure if you meant to finish with 'because.....' ?!

8
I will submit a SAR to UKPC, however they're allowed to take up to a month to reply - by which time the deadline for my defence will have passed?

9
yes I did receive a Notice to Hirer in my own name from UKPC.
I have removed the picture of the claim form for now.

10
I have received a money claim from DCB Legal on behalf of UK Parking Control Ltd. My wife parked the car at Brent Cross shopping centre without realising it was a disabled parking bay. I received the notice to owner and letters from DCB but continued to ignore and throw away as this has worked with previous ones.

I have a digital copy of the NtO that was initially sent to the leasing company which I have attached along with the money claim.

https://ibb.co/DPWwj9zp


Any help truly appreciated!

11
Reply is in post #42!

12
Before you escalate this to the FCA and the BVRLA, I suggest the following response to that complaint response:

Quote
Subject: Clarification Requested: “Finance Agreement” vs “Hire Agreement” under PoFA – Complaint Ref: FLE-747262

Dear Jane Yaull,

Thank you for your final response to my complaint, reference FLE-747262.

I would like to request urgent clarification on one specific point before I consider escalation. In your response, you state:

“Our company policy does not permit us to share a copy of your finance agreement with private parking companies.”

Please confirm whether your reference to “finance agreement” refers to the hire agreement as defined in Paragraph 13(2)(b) of Schedule 4 to the Protection of Freedoms Act 2012 (PoFA).

As you are aware, PoFA requires the registered keeper (in this case, VWFS) to supply a copy of the hire agreement to the operator in order to lawfully transfer liability for a Parking Charge Notice. If your company’s policy is to refuse to provide the required documentation, then that policy is actively preventing PoFA compliance, and in effect denying customers the legal protections afforded to them under statute.

This raises serious concerns, especially if VWFS:

• Discloses hirer data to private operators (which is only lawful if PoFA requirements are met); and
• Then refuses to provide the very document that would lawfully transfer liability and protect the customer from being wrongfully pursued.

As your organisation is listed as a BVRLA member, I will also be seeking clarity from the BVRLA on whether your stated policy complies with the BVRLA’s own standards and guidance in relation to private parking charges and PoFA compliance.

Please confirm:

1. Whether you accept that this agreement constitutes a “hire agreement” for the purposes of PoFA Schedule 4 Paragraph 13.
2. Whether you accept that refusing to provide the document prevents lawful transfer of liability.
3. Whether you accept that disclosing the hirer’s personal data in such circumstances may breach the requirements of fair and lawful processing under UK GDPR and the Data Protection Act 2018.

Your prompt response will determine whether I now refer this matter to the Financial Ombudsman Service, the ICO, and the BVRLA.

Yours sincerely,

[Your Full Name]

Please confirm if the response received still warrants escalation to the FCA and BVRLA?

13
Thank you for allowing us to review the points raised, which we can respond to as follows.
 
With respect to your first question, we accept that your hire agreement with us would constitute a "hire agreement" for the purposes of Schedule 4 Paragraph 13 of the Protections of Freedoms Act.   
 
In respect of your second question, where a fine, charge or notice is issued to VWFS in relation to a vehicle that is leased to a customer under a hire agreement, VWFS has taken the decision not to provide a copy of the hire agreement to the issuer as this may include customer information which is not required by the issuer in order for them to identify who is liable. As such, we are not intending to rely on the provisions of Protections of Freedoms Act Schedule 4 Paragraph 13.
 
In relation to your third question, VWFS provide the relevant customer details necessary to allow the issuer to make further enquiries as to who is liable to pay the fine or charge in question. Our practices when handling (and disclosing, where necessary) personal data in these circumstances comply fully with our obligations under applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.  In respect of our transparency obligations, individuals are informed of our data handling practices, nature and purpose(s) for processing (and the lawful bases which apply) amongst other important information via the privacy information presented to them at point of sale, as well as the Privacy Policy available at all times on our website: Privacy Policy | VWFS UK.
 
We can confirm we have asked our Continuous Improvement Team to review the content of our template letters and we appreciate your feedback.
 
I trust this clarifies the matter.
 
Kind Regards,
 
Jane Yaull
Customer Resolutions Executive
Customer Operations Department
VOLKSWAGEN FINANCIAL SERVICES (UK) LIMITED
Office: 0800 912 3560
Email: customerresolutions@vwfs.co.uk

14
Response to complaint to SEAT

15
Trace debt recovery letter

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