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#Post#: 52148--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: b789
Date: January 6, 2025, 10:37 am
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You can't get a POPLA code without first appealing to the
operator. Just make the formal complaint. They are obliged to
treat it as an appeal, other wise they are breaching the CoP.
#Post#: 55225--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: dmarsh91
Date: January 26, 2025, 2:39 pm
---------------------------------------------------------
Hi all, thanks again for your previous help. It has been over 14
days since I submitted the official complaint to CUP and I still
haven't heard anything back from them.
What steps would you suggest I need to take from here?
#Post#: 55341--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: b789
Date: January 27, 2025, 8:15 am
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Did you receive an acknowledgement of receipt of the complaint?
The acknowledgement should be within 14 days but they must
respond to the actual complaint within 28 days.
#Post#: 55403--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: dmarsh91
Date: January 27, 2025, 11:51 am
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No, nothing via post or email
#Post#: 55424--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: b789
Date: January 27, 2025, 2:41 pm
---------------------------------------------------------
Send this follow up letter by email to info@cupenforcement.com
and again, CC in yourself.
--- Quote ---
> 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:
>
> [indent]• 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.[/indent]
>
> 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]
--- End Quote ---
#Post#: 55451--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: dmarsh91
Date: January 27, 2025, 4:26 pm
---------------------------------------------------------
Great, thanks
#Post#: 55524--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: dmarsh91
Date: January 28, 2025, 6:25 am
---------------------------------------------------------
Good Morning,
Thank you for your email. We can confirm that PCN 36885 was
issued in
error and the PCN has now been cancelled.
Kindly confirm what channel your complaint was submitted as we
have no
record of this.
Please be informed that PCN 36727 is still valid and no appeal
has been
submitted for this charge.
--
Best Wishes,
CUP Administration
Just received this in reply to the response posted above. Shall
I send the complaint again?
#Post#: 55539--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: DWMB2
Date: January 28, 2025, 8:02 am
---------------------------------------------------------
If they claim not to have received it, re-sending it would seem
sensible.
If there's only one charge now in play, and if your priority is
getting that one cancelled, I'd personally be minded to submit
an appeal for the one remaining, so that you can get a POPLA
code if they reject. In my view this would provide you with a
very strong chance of getting the remaining charge cancelled
without too much fuss (other than a potential POPLA appeal that
we can help you write), without preventing you also continuing
to escalate your ongoing complaint.
b789 provided some suitable wording for an appeal on page one of
this thread.
#Post#: 55563--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: b789
Date: January 28, 2025, 9:37 am
---------------------------------------------------------
I suggest a hybrid strategy. You appeal the remaining PCN and
you also escalate the formal complaint to the BPA.
By pursuing both avenues, you ensure CUP Enforcement is held
accountable for their procedural failings and you preserve your
right to a supposedly "independent" review by POPLA.
Please confirm that you received the CC email when you sent the
original formal complaint. Also, please confirm you know how to
retrieve the metadata from the sent email header. That will
contain an acknowledgement that the original email was accepted
by their mail servers which is evidence that the email
containing the formal complaint in PDF format was received by
them.
At this stage, I would also suggest you send a SAR to CUP which
will require them to show every piece of data they hold about
you. You should include the SAR request as shown below:
--- Quote ---
> 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:
>
> [indent]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:
>
> [indent]• [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.[/indent]
>
> 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.[/indent]
>
> 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]
--- End Quote ---
Here is a formal complaint to the BPA about CUP Enforcement
which you can make here:
HTML https://portal.britishparking.co.uk/compliance/LogComplaint
You can upload the complaint as a PDF file after completing the
basic info they request:
--- Quote ---
> 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
>
> [indent]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.
>
> [indent]• 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:
>
> [indent]• 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.[/indent]
>
> 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).
>
> [indent]• 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.[/indent]
>
> 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.
>
> [indent]• 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.[/indent]
>
> 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.[/indent]
>
> 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:
>
> [indent]• 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.[/indent]
>
> Evidence Available
>
> I am able to provide:
>
> [indent]• 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.[/indent]
>
> 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]
--- End Quote ---
I will leave it to others to suggest a POPLA appeal for you when
the time comes.
#Post#: 55566--------------------------------------------------
Re: Two C.U.P enforcement PCNs - parked on or within a no
parking area - Watford
DIR By: DWMB2
Date: January 28, 2025, 9:42 am
---------------------------------------------------------
--- Quote ---
> I suggest a hybrid strategy.
--- End Quote ---
For clarity, me too.
We can advise on a POPLA appeal when we get to that stage. For
now, use the text advised by b789 here
HTML https://www.ftla.uk/private-parking-tickets/c-u-p-enforcement-pcn-parked-on-or-within-a-no-parking-area-watford/msg51952/#msg51952<br
/>on their online appeals portal, appealing as the keeper only.
When you've done this, progress with the complaint and SAR etc.
If your appeal is rejected, I can suggest suitable text for
POPLA.
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