UKPC have cancelled a court claim and a number outstanding parking charges totaling £1500 against a resident, Mr L for parking in his designated parking bay.
This follows a long running battle to get the charges cancelled. The resident pointed out his tenancy agreement lease allowed him to park without restriction. SCS Law, acting for UKPC, demanded to see it. Mr L obliged. SCS Law responded 'There would be an additional clause for the management agency to state you need a permit pass'. This appeared to be either wishful thinking or the ability to read invisible ink. Mr L, unable to read invisible ink, could see no such clause.
Mr L. pointed out that the Management Agency had directed UKPC to cancel the charges. SCS Law refused as it was 'the legal stage'. Mr L pointed out the Management Agency had requested this before the claim was filed.
Eventually Mr L. sent a Letter Before Action to the Management Agency demonstrating they could be held liable as UKPC work on their behalf. The claim was magically cancelled.
Prankster Note
The only reason SCS Law don't cancel at the legal stage is so they can trouser more money from their client. In reality, courts expect parties to settle right up to the courtroom door.
Mr L now has a potential claim against UKPC for breach of the Data Protection Act for pursuing charges when none were lawful. He has 6 years to make his decision.
Mr L. has passed on the information and knowledge gained from this experience to other residents. The Prankster wonders how long UKPC will decide to remain once residents start suing in droves.
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Sounds like multiple tickets so there's also multiple breaches to sue for.
ReplyDeleteWe have these piratical operators on the run now by using breach of the DPA. Should also do a complaint to the DVLA for the breach of both the KADOE Contract for no reasonable cause to access details, and for the actual breach to the ICO.
Are there multiple breaches or did UKPC chance their arm and decide that it was the same person at the same address so didn't bother contacting DVLA?
ReplyDeleteMaybe drag DVLA into this too.
Are there multiple breaches or did UKPC chance their arm and decide that it was the same person at the same address so didn't bother contacting DVLA?
ReplyDeleteMaybe drag DVLA into this too.
Which forum topic please
DeleteI may be wrong but...
ReplyDeleteI seem to remember that the parking company can only use your details for one case. They are not allowed to keep them to process other tickets, as the retention of data would be an offence under DPA?
If so, then No. of tickets would have to equal No. of DPA breaches if they are all invalid tickets? Or am I wrong?
You're absolutely right.
ReplyDeletehttps://www.gov.uk/government/publications/kadoe-keeper-of-a-vehicle-at-the-date-of-an-event-contract
So 14 breaches of DPA at a suggested £250 each would be about £3,500?
ReplyDeleteI would like to see when that LBA hits the breakfast table, that should make somebody cough out their cornflakes !
You'd think a single misuse would be OK at £250 but then it would be more than reasonable to apply an incremental increase to each misuse from then on. Say £75 a time?
DeleteYou could always use the Gladstones model of filing 14 separate claims and add on a bogus £50 solicitor fee for each one. With filing fee that takes it to £4550
Delete