Free Traffic Legal Advice

Subject: Urgent Follow-Up on Formal Complaint Regarding Duplicate PCNs

Dear Sirs,

I am writing to follow up on the formal complaint I submitted on [date you sent the formal complaint], regarding duplicate Parking Charge Notices (PCNs) issued for the same alleged contravention. [PCN #1 number] and [PCN #2 number]. My original complaint detailed serious administrative errors and a failure to comply with the Protection of Freedoms Act 2012 (PoFA).

According to your published complaints policy, CUP Enforcement is required to acknowledge complaints within 14 days of receipt. As of today, no acknowledgment or unique reference code has been provided to me. This failure to adhere to your own policy undermines your credibility and raises further concerns about your handling of this matter.

I hereby reiterate the key points of my original complaint:

• Both PCNs must be canceled immediately, as they pertain to the same alleged contravention.

• An explanation must be provided regarding how this duplication error occurred.

• Written confirmation must be issued to confirm no further action will be taken in relation to this matter.

If I do not receive an acknowledgment and a substantive response to my complaint within 7 days, I will escalate this matter to the British Parking Association (BPA), the DVLA, and the Information Commissioner's Office (ICO) as appropriate.

I trust that you will now handle this matter promptly and professionally.

Yours faithfully,

[Your Name]

Data Protection Officer
Close Unit Protection (C.U.P)
Office 9, Dalton House
60 Windsor Avenue
London
SW19 2RR

By email to: info@cupenforcement.com

Subject: Subject Access Request

To the  Data Protection Officer at CUP Enforcement,

I am submitting this Subject Access Request (SAR) under Article 15 of the UK General Data Protection Regulation (UK GDPR) and request access to all personal data CUP Enforcement holds about me.

Scope of the Request

I specifically require the following information:

1. Copies of all correspondence between myself and CUP Enforcement, including any emails, letters, or other written communications.

2. Records or logs of emails received by your email servers (e.g., Microsoft Exchange [MX] servers) from my email address [your email address] on the following dates:

• [Insert date and time of original email]

• [Insert date and time of follow-up email]

• Please include metadata, timestamps, and confirmation of receipt for these emails. If CUP Enforcement has classified these emails under a specific internal reference or complaint number, please provide this as well.

3. Internal notes, records, or correspondence related to my case, including any reference to PCNs [PCN #1] and [PCN #2], and any actions or decisions made in response to my communications.

4. All other personal data CUP Enforcement holds about me, as defined under Article 4(1) of the GDPR.

Transparency Failures

I note that your website does not have a privacy policy or any publicly accessible information about how personal data is processed. This is a clear breach of your obligations under Articles 13 and 14 of UK GDPR, which require organisations to provide transparent and accessible information about data processing. Additionally, no contact details for a Data Protection Officer (DPO) are provided, contrary to Article 37.

Due to this lack of transparency, I am forced to send this SAR to your general email address, info@cupenforcement.com. Please ensure this request is forwarded to the appropriate person or team responsible for data protection compliance.

Preservation of Data

Please note that as of the date of this request, all data related to this SAR is subject to legal preservation. CUP Enforcement is prohibited under Article 17(3)(b) of UK GDPR from deleting or tampering with any data that is relevant to this request. Any such actions will constitute a breach of GDPR, and I will report this to the Information Commissioner’s Office (ICO) for investigation.

Identity Verification

I am attaching a copy of the Parking Charge Notice (PCN) issued by your company as proof of identity. This document contains sufficient information to verify my identity and locate my records, including my name, address, and the PCN reference number.

Deadline for Response

Under the GDPR, you are required to respond to this request within one calendar month. Therefore, I expect to receive your response no later than [insert deadline date].

Submission of Response

Please provide the requested information in electronic format via email to [your email address]. If the data includes large files, I will accept a download link.

Next Steps

Failure to provide a complete and accurate response to this SAR will result in a formal complaint to the ICO. I will include evidence of non-compliance, including email headers confirming delivery of my original complaint and follow-up correspondence to your servers.

I look forward to your timely response.

Yours faithfully,

[Your Full Name]
[Your Address]
[Your Contact Information]

Subject: Formal Complaint Against CUP Enforcement: Procedural Failures, Privacy Violations, and PoFA Non-Compliance

Dear BPA Compliance Team,

I am submitting a formal complaint against CUP Enforcement, a member of your association, regarding serious procedural failings, breaches of the BPA Code of Practice, and non-compliance with the Protection of Freedoms Act 2012 (PoFA). CUP Enforcement’s conduct raises serious concerns about their adherence to legal and industry standards, including their compliance with their KADOE (Keeper at Date of Event) contract with the DVLA.

Summary of Complaints

1. Failure to Respond to a Formal Complaint and Incomplete Response:

I submitted a formal complaint to CUP Enforcement on [original complaint date], addressing two Parking Charge Notices (PCNs), [PCN #1] and [PCN #2], which were issued for the same alleged contravention on 21st December 2024. CUP Enforcement failed to acknowledge or respond to my formal complaint within their stated timeframe.

• A follow-up email was sent on [follow-up complaint date], reminding them of their obligation to respond.

• Their subsequent reply failed to address all the issues raised in my original complaint. For example:

• The response acknowledged that PCN [PCN #1] was issued in error and cancelled but failed to explain how this error occurred or what measures were in place to prevent duplicate PCNs from being issued in the future.

• They provided no substantive response regarding the invalidity of PCN [PCN #2], which I clearly raised as being non-compliant with PoFA.

• CUP Enforcement did not address their failure to handle my complaint in accordance with their published complaints procedure.

2. Issuance of Duplicate PCNs for the Same Alleged Contravention:

CUP Enforcement issued two PCNs, [PCN #1] and [PCN #2], for the same alleged contravention on the same day. This duplication was admitted in their response, with PCN [PCN #1] being cancelled. However, they failed to provide an adequate explanation for this error or assurance that such administrative failings will not occur in the future.

3. Non-Compliance with PoFA:

The Notices to Keeper (NtKs) for both PCNs fail to meet the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).

• The alleged contravention occurred on Saturday 21st December 2024, and the NtKs were issued on Thursday 2nd January 2025, with a deemed, two working day delivery date of Monday 6th January 2025. This is outside the statutory 14-day window required for keeper liability.

• Despite this, CUP Enforcement is attempting to hold me, the registered keeper, liable for PCN [PCN #2], which is unlawful under PoFA.

4. Failure to Publish a Privacy Policy and DPO Contact Information:

CUP Enforcement’s website does not provide a privacy policy or details of their data protection practices, contrary to Articles 13 and 14 of the UK GDPR.

• No contact information for a Data Protection Officer (DPO) or equivalent is provided, as required under Article 37.

• These omissions make it unnecessarily difficult for individuals to understand how their personal data is processed or to exercise their data protection rights.

5. Failure to Maintain Transparency:

Due to the lack of a privacy policy or DPO contact, I was forced to submit a Subject Access Request (SAR) to CUP Enforcement via their general email address (info@cupenforcement.com). Their failure to comply with GDPR transparency obligations is unacceptable and further undermines trust in their operations.

Next Steps

In addition to this complaint to the BPA, I will also be submitting a formal complaint to the DVLA. CUP Enforcement’s breaches of PoFA, failure to comply with the BPA/IPC Private Parking Single Code of Practice (PPSCoP), and procedural failings constitute a breach of their KADOE contract. These failures call into question their continued access to DVLA data.

Required Action

I request the BPA investigate CUP Enforcement’s actions and take appropriate measures, including:

• Holding CUP Enforcement accountable for issuing duplicate PCNs for the same contravention and ensuring processes are implemented to prevent such errors.

• Requiring them to publish a GDPR-compliant privacy policy and provide contact details for their DPO or equivalent.

• Investigating their non-compliance with PoFA, specifically their attempt to hold me, the registered keeper, liable under an invalid NtK.

• Reviewing their complaint-handling process to ensure timely and complete responses that address all issues raised by complainants.

Evidence Available

I am able to provide:

• Metadata proving the delivery of my original complaint to CUP Enforcement’s email servers.

• Copies of my correspondence with CUP Enforcement, demonstrating their failure to respond fully to the issues raised.

• Copies of the PCNs, showing the duplication and PoFA non-compliance.

CUP Enforcement’s conduct reflects poorly on the standards expected of BPA members and raises serious questions about their compliance with both industry standards and the law. I trust the BPA will take this matter seriously and investigate promptly.

Yours faithfully,

[Your Full Name]
[Your Contact Information]