Author Topic: UKPS PCN for leased car at Wing Yip Cricklewood London  (Read 6761 times)

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UKPS PCN for leased car at Wing Yip Cricklewood London
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Hi all - received a PCN from UKPS for parking in an area that is for commercial vehicles only. I did this in haste as all the normal customer spots were occupied and I was only there for literally 2 minutes. Wing Yip are not interested in cancelling the ticket. If I ignore is it likely SEAT financial services - who my car is leased from, will come after me? The car is due to go back in a month. Any help or advice appreciated. Have attached the relevant paperwork

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Re: UKPS PCN for leased car at Wing Yip Cricklewood London
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Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #4 on: »
Wait for the Notice to Hirer from UKPS addressed to you directly.

Come back here and tell us what other documents accompany it.

It will probably fail the requirements of PoFA 2012 to hold you as hirer liable.

If so, we can advise on what to say in response.

They will probably reject your appeal anyway, but won’t be able to win in court.

Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #5 on: »
They will tell you to appeal to the IPC when they reject, but some of us here won’t entertain that, it’s a sham, so prepare for all sorts of threatening letters from debt collectors and the like. With our advice you won’t lose.
« Last Edit: April 12, 2025, 09:51:47 pm by jfollows »

Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #6 on: »
See
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk

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13(1)This paragraph applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if—

(a)the vehicle was at the time of parking hired to any person under a hire agreement with a vehicle-hire firm; and

(b)the keeper has been given a notice to keeper within the relevant period for the purposes of paragraph 8(4) or 9(4) (as the case may be).

(2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

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(5)The notice to hirer must—

(a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer;

(b)refer the hirer to the information contained in the notice to keeper;

(c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid;

(d)inform the hirer of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(e)identify the creditor and specify how and to whom payment may be made; and

(f)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).

(6)The documents mentioned in sub-paragraph (2)(a) must be given by—

(a)handing them to the hirer;

(b)leaving them at an address which is either—

(i)an address specified in the statement of liability mentioned in paragraph 13(2)(c) as an address at which documents may be given to the hirer; or

(ii)an address at which documents relating to civil proceedings could properly be served on the hirer under Civil Procedure Rules; or

(c)sending them by post to such an address so that they are delivered to that address within the relevant period for the purposes of sub-paragraph (2)(a).
« Last Edit: April 12, 2025, 03:38:16 pm by jfollows »

Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #7 on: »
Thank you

In the letter from SEAT it refers to the PoFA 2012 stating that SEAT as the register keeper can be held liable for the charges if no action is taken by me and that if they receuve a second notification from UKPS for the same offence then they will pay the outstanding amount and recharge this to me.

I'm assuming this won't happen since SEAT have now passed on my information to UKPS? Or will UKPS send a second notification to SEAT if i do nothing?

Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #8 on: »
As long as SEAT properly discharged their liability under PoFA 2012 they can no longer be chased for payment.
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13(1)This paragraph applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if—

(a)the vehicle was at the time of parking hired to any person under a hire agreement with a vehicle-hire firm; and

(b)the keeper has been given a notice to keeper within the relevant period for the purposes of paragraph 8(4) or 9(4) (as the case may be).

(2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

However, if all that SEAT did was to forward the notice to you along with a “letter of authority”, then they have failed to comply with the requirements of PoFA 2012.
« Last Edit: April 13, 2025, 04:33:15 pm by jfollows »

Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #9 on: »
Write back to SEAT, thank them for their letter dated *** and that you will, as instructed, wait to be 'advised directly by the authority'.

Keep them in the loop IMO.


Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #10 on: »
I'd respond to Set with the following:

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Subject: Re: POP1 421567/406 – Mischaracterisation of Civil Parking Notice as Criminal Offencee

Dear Customer Operations,

I refer to the two recent letters received from SEAT Financial Services, including your correspondence dated 01/04/2025 concerning a Parking Charge Notice (PCN) from UKPS Limited.

With the greatest respect, the legal and factual errors contained in your letters are so numerous and severe that I feel compelled to respond. It is astonishing that your organisation—a financial services firm responsible for vehicle leasing—has issued correspondence referring to:

• A Parking Charge Notice (a speculative invoice from a private company)
• as a “Driving Offence”,
• and the issuing company, UKPS Limited, as an “authority.”

There is no ambiguity here. UKPS Limited is not a public authority. They are a private entity. A PCN from such a company is a civil matter relating to an alleged breach of contract, not a criminal or statutory offence. Your description of this as an “offence” and referral to an “authority” is not just inaccurate—it is outright misleading. If this letter were placed before a regulator or ombudsman, I expect they would share my view that this language amounts to misrepresentation.

Furthermore, your earlier letter implies that SEAT Financial Services may be held liable for a PCN under the Protection of Freedoms Act 2012 (PoFA). Again, I must remind you that Schedule 4, Paragraph 13 of the Act sets out a clear mechanism whereby the liability of a hire company as keeper is fully discharged once hirer details and a copy of the hire agreement are provided. That provision exists precisely so hire companies like yours are not liable provided you follow the correct process. Your apparent unfamiliarity with this basic point raises serious concerns.

This appears to be a case where your staff are issuing template responses without any understanding of the legal framework—or worse, fabricating authority where none exists. It would benefit your organisation to ensure that any staff involved in this area receive basic training in the following areas:

1. The difference between civil and criminal matters;
2. The non-statutory nature of private parking companies;
3. The correct interpretation of liability under Schedule 4 of PoFA 2012, particularly Paragraph 13;
4. The risk of misrepresentation where false references to “offences” and “authorities” are made.

To prevent any further confusion or misrepresentation:

• Please confirm that SEAT Financial Services will not pay any speculative invoices issued by a private parking firm on my behalf without my explicit consent.
• Please confirm that my details have only been passed to the issuing company, not to any statutory authority or enforcement body.
• Please ensure future communications do not mischaracterise civil PCNs as “offences” or refer to private companies as “authorities.”

If you are unable or unwilling to correct these serious procedural and legal failings, I will not hesitate to escalate this matter to the Financial Ombudsman Service and the DVLA, given your role in handling sensitive registered keeper data under KADOE arrangements.

Yours faithfully,

[Name]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #11 on: »
Thanks all!

Particularly b789. I will send that response to SEAT 

Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #12 on: »
Meanwhile I have now received correspondence from UKPS

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Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #13 on: »
I'll bet the lying bar stewards at UKPS did not include the copies of the documents they claim they have included with their Notice to Hirer (NtH).

I would appeal with the following:

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APPEAL FROM HIRER – NO LIABILITY ADMITTED

I am the Hirer of the vehicle. I deny any liability for this Parking Charge and will not be identifying the driver.

Your Notice to Hirer falsely claims compliance with Paragraph 13(2) of Schedule 4 to the Protection of Freedoms Act 2012 (PoFA). It states that the required documents were enclosed, yet none of the following four statutory documents were included:

(a) A statement signed by or on behalf of the vehicle-hire firm confirming that the vehicle was hired to a named person at the material time;
(b) A copy of the hire agreement;
(c) A copy of the statement of liability signed by the Hirer under that agreement;
(d) A copy of the Notice to Keeper sent to the hire company.

This is not an oversight. The statement in your NtH that these documents were enclosed is a deliberately mendacious. This is not the first time UKPS have been observed issuing NtHs that falsely assert compliance with PoFA. Multiple such cases have now been documented. Your company has been repeatedly caught engaging in this dishonest and unlawful practice.

Your conduct is a clear abuse of DVLA data, obtained on the false premise that you have a lawful basis to pursue the Hirer. You do not.

You are now formally notified that this incident is being reported to the DVLA’s Data Sharing Team, along with supporting evidence, as a breach of the terms and conditions under which access to registered keeper data is granted. A parallel report will be submitted to the Information Commissioner’s Office under the UK GDPR and Data Protection Act 2018, on the grounds that you are processing personal data unlawfully, without a valid basis in law.

You will be expected to respond to both the DVLA and the ICO and may face sanctions, including the suspension or permanent revocation of your access to DVLA data.

This charge is rejected outright. There is no Hirer liability. Do not contact me again unless you are confirming cancellation or dare to try and litigate this matter

You really are dealing with a rogue firm of ex-clamper thugs who clearly do not hesitate to lie and threaten. Report them to the DVLA and the ICO.

Here’s how to make a DVLA complaint:

• Go to:
contact.dvla.gov.uk

• Select: “Making a complaint or compliment about the Vehicles service you have received”
• Enter your personal details, contact details, and vehicle details
• Use the text box to summarise your complaint or insert a covering note
• You will then be able to upload a file (up to 19.5 MB) — this can be your full complaint or supporting evidence
That’s it.

The DVLA is required to record, investigate and respond to every complaint about a private parking company. If everyone who encounters a breach took the time to submit a complaint, we might finally see the DVLA take meaningful action—whether that means curtailing or removing KADOE access altogether.

For the text part of the complaint the webform could use the following:

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I am submitting a formal complaint against UK Parking Solutions Ltd (UKPS), an IPC AOS member with DVLA KADOE access, for breaching the BPA/IPC Private Parking Single Code of Practice (PPSCoP) after obtaining my personal data.

While the Operator may have had reasonable cause at the time of their KADOE request, their subsequent misuse of my data—through conduct that contravenes the PPSCoP—renders that use unlawful. The PPSCoP forms an integral part of the DVLA’s governance framework for data access by private parking firms. Continued access is conditional on compliance.

The DVLA, as data controller, is obliged under UK GDPR and the Data Protection Act 2018 to investigate and take enforcement action when data is misused following release. This complaint is not about whether the data was obtained lawfully at the outset, but whether its subsequent use breached the terms under which it was provided.

I have prepared a supporting statement setting out the nature of the breach and the Operator’s actions, and I request a full investigation into this matter. I have attached the supporting document.

Please acknowledge receipt and confirm the reference number for this complaint.

Then you could upload the following as a PDF file for the formal complaint itself:

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SUPPORTING STATEMENT

Complaint to DVLA – Breach of KADOE Contract and PPSCoP

Operator name: UK Parking Solutions Ltd (UKPS)
Date of PCN issue: [INSERT DATE]
Vehicle registration: [INSERT VRM]

I am submitting this complaint to report a misuse of my personal data by UK Parking Solutions Ltd (UKPS), who obtained my keeper details from the DVLA under the KADOE (Keeper At Date Of Event) contract.

Although the parking company may have had reasonable cause to request my data initially, the way they have used that data afterwards amounts to unlawful processing. This is because they have acted in breach of the BPA/IPC Private Parking Single Code of Practice (PPSCoP), which is a mandatory requirement for access to DVLA keeper data. The PPSCoP forms part of the framework that regulates how parking companies must behave once they have received keeper data from the DVLA.

The KADOE contract makes clear that keeper data may only be used to pursue an unpaid parking charge in line with the Code of Practice. If a parking company fails to comply with the PPSCoP after receiving DVLA data, their use of that data becomes unlawful, as they are no longer using it for a permitted purpose.

In this case, UKPS has breached the PPSCoP in the following way:

They issued a Notice to Hirer which falsely stated that it enclosed all four documents required under Paragraph 13(2) of Schedule 4 to the Protection of Freedoms Act 2012 (PoFA). In reality, none of these documents were enclosed. These documents are:

(a) a statement signed by or on behalf of the vehicle-hire firm confirming that the vehicle was hired to a named person;
(b) a copy of the hire agreement;
(c) a copy of a statement of liability signed by the hirer under that agreement;
(d) a copy of the Notice to Keeper issued to the hire company.

This was not an accidental omission. The NtH explicitly stated that the documents were enclosed, meaning UKPS have made a deliberate false representation of PoFA compliance. This is a known pattern of conduct by UKPS, with other documented cases now emerging. It amounts to a clear abuse of DVLA data and an attempt to mislead vehicle hirers into assuming liability where no legal basis exists.

These are not minor or technical breaches. They show a clear disregard for the standards required under the current single Code. As a result, the operator is no longer entitled to use the keeper data they obtained from the DVLA, because the purpose for which it was provided (a fair and lawful pursuit of a charge under the Code) no longer applies.

The DVLA remains the Data Controller for the data it releases under KADOE, and is therefore responsible for ensuring that personal data is not misused by third parties. This includes taking action against AOS operators who breach the conditions under which the data was provided. I am therefore asking the DVLA to investigate this breach and to take appropriate action under the terms of the KADOE contract.

This may include:

• Confirming that a breach has occurred
• Taking enforcement action against the operator
•Suspending or terminating their KADOE access if warranted

I have attached relevant supporting material with this statement. Please confirm receipt and provide a reference for this complaint. I am also happy to provide further information if required.

Name: [INSERT YOUR NAME]
Date: [INSERT DATE]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UKPS PCN for leased car at Wing Yip Cricklewood London
« Reply #14 on: »
I'll bet the lying bar stewards at UKPS did not include the copies of the documents they claim they have included with their Notice to Hirer (NtH).
A perhaps obvious point, but OP, please confirm if any additional documents were enclosed with UKPS' correspondence, other than the one you have already shown us.