Updating the V5C after the event is irrelevant. PCMUK can only request Keeper data once. The DVLA database is not something they can simply access whenever they want. After receiving no response, they passed the case to BW Legal to act as a debt collector and they did a simple credit search to find the Keepers current address.
However, PCMUK still have two possible addresses for you and they could send any claim to the old address, where the Keeper would know nothing about it and get a CCJ by default. The Keeper must send a Data Rectification Notice to the DPO at PCMUK and instruct them to update the Keepers current address for service and to erase the old address. The highlighted words are there for a reason
so use them.
For now, BW Legal is acting as a debt collector and can be ignored until they send a Letter of Claim (LoC), which they will, in due course. When you receive that, show it to us and we will provide a suitable response.
For some obscure reason you have redacted the most important information we need to see on the Notice to Keeper (NtK), which is ALL dates and times. Please repost that with the relevant data we need to see.
There is no requirement for the parking operator to issue a windscreen Notice to Driver (NtD). A postal NtK is all they need. However, it is obvious to us, that the NtK is not fully compliant with ALL the requirements of PoFA 2012 in order to be able to hold the known Keeper liable for the charge. Only the unknown (to PCMUK) ) driver can be liable.
There are other items that are fatal to any claim, which will come. The signage is incapable of forming a contract as it is prohibitive and offers nothing. Also, the operator was required to put up temporary signage for a duration of not less than 4 months which clearly notified that the terms of parking were new or had materially changed. Were those signs in place?
You also mention that this location was some sort of residential parking area? Was this something to do with the Keepers residence?
Thank you so much for your detailed and helpful response.
To clarify, the parking company involved is UK Car Park Management Ltd (CPM) did you mean notifying CPM instead of PCMUK?
The keeper has now sent a Data Rectification Notice via email to CPM's Data Protection Officer, requesting that their address for service be updated and the old one erased, as advised.
The photos have now been
reuploaded containing both PCN's with all dates and times visible:
https://imgur.com/a/ipmIiMw(updated the main post to reflect this)
Regarding the signage question:
The keeper has a photo on 22nd March 2024 which clearly shows no permanent signage present at the car park.
However, on 21st March 2024, a temporary printed A4 notice was seen placed on dashboards of several vehicles (possibly including the keeper's), which read:
"[RESIDENTIAL COMPLEX COMPANY's NAME:] PRIVATE LAND PARKING IS NOT ALLOWED HERE. CARS NEED TO REMOVE IMMEDIATELY OR WILL BE TOWED ON 22nd MARCH 2024"
This appears to have been issued by the property manager, not CPM. No official signage was in force on 22nd March based on available photo evidence. This was related to cars parked a slightly further down the street (to avoid confusion, that's not the usual spot and PCN reflect the usual parking area)
The earliest photographic evidence of CPM signage visible at the site seems to be around 6th June 2024, based on older pictures. From memory, the keeper does not recall any other notices or communication formally stating that parking enforcement had begun or changed.
To answer the final question the keeper did not live in the residential area building itself, but lived close by (a few seconds away), and used the lot regularly due to lack of available street parking nearby.
Finally, Id like to be open that this is a delicate situation the keeper is not in a position to risk a County Court Judgment (CCJ) due to personal circumstances, including the potential impact on a DBS check. For that reason, if this ever escalated to court, the keeper would likely not be in a position to fight it all the way through.
Thanks again for all the support grateful for any further guidance on next steps.