Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Mustek

Pages: [1] 2 3
1
You're almost guaranteed a rejection from the IAS. This is standard operating procedure. They say they're independent, they're not.

1. Loading/Unloading is not considered parking according to Jopson v Homeguard (2016)

2. The Notice to Hirer (NTH) does not meet the strict requirements of POFA. Namely, there's no period of parking.

3. Please check if you have received the following along with the NTH, as I'm pretty sure you haven't:
A statement that the vehicle was hired by you, a copy of the hire agreement and a copy of a statement of liability (As required by POFA 14(2))

4. There was no mandatory consideration/grace period granted.


There's probably other things that are wrong, but these already caught my eye.

2
Private parking tickets / Re: PCN from UKCPS limited
« on: April 01, 2026, 04:43:51 pm »
Have a look around the forum, there's plenty of examples. I quoted one such:

Mediation is not part of the judicial process. There is no judge or solicitors involved.  The only compulsory element is to "attend" the mediation phone call.

Mediation is not the place to argue the legal merits of the case. Simply decline to discuss details – The claimant has your defence. The mediator is not legally trained and must not offer an opinion on the merits of yours or the claimant position. If they do, you enquire as to what their legal qualification is for their opinion and you inform them that you will be raising a formal complaint about their conduct.

Your position is that the claim is without merit, and your offer is £0. Once it’s clear there is no agreement, the mediation should quickly conclude. The case will then proceed to allocation.

3
I would not put an appeal in a GDPR request, as the department that handles these requests is likely to not be the same as those who handle appeals. It's also unlikely to be accepted as the PCN has already passed the appeals stage.

If you would like a copy of the PCN, I'd simply ask to provide a copy of all previous correspondence sent to you.

Keep any defences for if and when you receive the letter of/before claim and then come back here so a suitable response can be drafted. They have 6 years from the date of the alleged contravention to do so, so please keep copies of any correspondence, just in case.

If you want to have a look for previous threads with similar situations, you can use this search query. That should hopefully put your mind at ease a bit. I could not find any that resulted in anything beyond the threatening debt recovery agencies.

4
(Image from May 2025, shows a small parking restriction sign. It prohibits motor home parking between 11pm and 7am: Streeview)

5
Quote
Is that not counterintuitive as it gives them more information?

They already have the registered keeper's details from their initial DVLA query against the vehicle's reg.
The person who owns the vehicle needs to get the records updated as APCOA currently holds 2 addresses, if they ever decide to go to court, you'd want them to have the correct address to prevent a judgement in default.

So it's in the keeper's best interest to have those details amended. As for re-serving the PCN, they may do that, or you can specifically request that in the GDPR request as well.



Quote
How did they get the number

They've likely used a tracing agency, or if the APCOA app was ever used to pay for parking, they may have simply obtained it from that, as it would've been linked to the vehicle's reg. And it clearly was successful as they were able to contact the right household.

6
Send a data rectification notice to APCOA stating the Registered Keeper's new address and also explicitly demand they erase your previous address and notify you when that is done.

Furthermore, do not interact with Debt Recovery Plus, they are debt collectors who have no powers. The advice is to block and await a letter of/before claim. The general consensus is that "APCOA don't do court", so that may just never happen.

As a note, Stansted Airport is not relevant land, so the parking operator only has the power to pursue the driver. Never identify who the driver was. Only respond as the Registered Keeper.


Email: dpo@apcoa.com

Quote
Subject: Data Rectification and Erasure Notice – PCN Reference: [PCN Number]

To the Data Protection Officer,

I am issuing this notice to require the immediate rectification and erasure of my personal data in line with Article 16 and Article 17 of the UK GDPR.

Please amend your records to reflect my current address for service:

[Your New Address]

I further require that you erase all records containing my previous address from your system and databases.

Additionally, you must notify any third parties to whom my personal data has been shared, including debt collection agencies, legal representatives, or other associated entities, instructing them to update my address and erase any reference to my previous address.

For verification, I enclose a copy of my V5C document showing my updated address. No further evidence is required.

You are required to confirm in writing within one month that this rectification and erasure have been completed, including the names of all third parties notified.

Yours faithfully,

[Your Full Name]

7
Private parking tickets / Re: Smart Parking PCN
« on: March 31, 2026, 04:25:37 pm »
Adding my 2 cents here in case they do allow an appeal.


Date of Contravention: 14/12
Date of Notice: 24/12

Date of presumed delivery: (2 working days after notice date): 30/12
Assuming non-working days: 25/12 (Xmas), 26/12 (Boxing day), 27/12 (Saturday), 28/12 (Sunday)

So that's presumably out of time (I count 15 days from the day after the contravention date)

8
You are overthinking this. They can only pursue the driver, who is unknown to them, as this is not relevant land.
This fact alone is fatal to their PCN.

The more information you share with them, the more they can potentially find ways to identify a driver.

So your best advice here is to stick to the known method to get this PCN cancelled.

9
I'm just seeing letters from TRACE in there, they're debt collectors and should be ignored.

Can you upload the Moorside letter, redacting personal info.

Was the PCN ever appealed, or just ignored?

ETA: CCJ's are only done if you lose the small claims case, if it gets to that point. If that happens, you have time to pay so it won't affect your credit. But that's only if it gets to that point.

If the Moorside letter is a Letter of/before claim, someone more experienced should be able to help you.

10
Have a look at this thread, the forum is full of examples.

Also, now's a good time to see if the address on your V5C is up to date.

11
Please also post the back of the notice. Can you also see on their portal whether they have pictures of the alleged event, one that may show the NTD stuck on the windshield?

12
Private parking tickets / Re: Britannia Parking PCN from pub car park
« on: February 25, 2026, 12:34:09 pm »
Also show the back of the notice.

Your first step here is to ask the pub to cancel the notice. It's in their best interest that their paying customers don't get struck with parking charges. Perfect way to lose customers I'd say.

13
From the POC, italicised text added for context
Quote
D (defendant) is liable as driver

You're fully sure you've never identified the driver in any appeals or other communication?
If so, the onus would be on them to prove that the RK was the driver and this part of the claim should be absolutely defended, as that seems to be what they are going on.

They can't rely on POFA to put liability on the keeper as they've never served the NTK

Please wait on people with more experience to help draft a response.

14
Private parking tickets / Re: Luton PCN
« on: February 24, 2026, 03:18:55 pm »
POFA: The Protection of Freedoms Act 2012 - The legislation that gives private parking firms a strict pathway to keeper liability.

POPLA: An "independent" appeals organisation for private parking charges. Independent in quotes because it's still owned by the "British Parking Association"

15
Private parking tickets / Re: Mediation Calls
« on: February 24, 2026, 03:13:38 pm »
This is the advice that gets posted often, you can search the forums for "mediation" and find plenty of mentions.

For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.

This is what I advise you to say when you receive the call from the mediator:

Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.

After the mediator calls back...

If identified and authority confirmed:

Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.

If no/unclear authority:

Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.

If the mediator probes your defence:

In what capacity are you asking that question? Are you legally trained?  If not, please refrain from offering opinions. I will be reporting any attempt to do so as inappropriate.”

All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.

Pages: [1] 2 3