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#Post#: 67090--------------------------------------------------
Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: S Patel
Date: April 14, 2025, 12:44 pm
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Hi everyone,
I would really appreciate some help and advice regarding a PCN
I’ve received.
The charge relates to an incident on 06/08/2024 at Kelly’s
Storage. However, I was not the driver of the vehicle on that
day – I had just landed at Luton Airport and was being picked
up.
The first letter I received was dated
HTML 02/01/2025,[img]http://
HTML https://i.imgur.com/Vb6GjbT.jpeg[/img]
which is almost five months after the parking incident. I
appealed this initial letter and provided evidence, including my
boarding pass, to confirm I wasn’t the driver. I’ve attached
images of what I sent in my appeal.
HTML https://i.imgur.com/Vb6GjbT.jpeg
The appeal was unfortunately rejected, and I missed the deadline
to respond further.
HTML [img]http://
HTML https://i.imgur.com/iPWiIat.jpeg[/img]
HTML https://i.imgur.com/iPWiIat.jpeg
Since then, I’ve received two more letters, bringing the total
to four. The most recent one (Letter 4) is especially concerning
and I’m worried this might escalate to court proceedings.
HTML [img]http://
HTML https://i.imgur.com/aRhXzwd.jpeg[/img]
HTML [img]http://
HTML https://i.imgur.com/aZrJp7W.jpeg[/img]
HTML https://i.imgur.com/aRhXzwd.jpeg
HTML https://i.imgur.com/aZrJp7W.jpeg
Could anyone please advise:
How should I respond to the latest letter?
Should I name the actual driver (if known)?
Do I have any grounds to challenge this further?
Or should I just pay the charge to avoid court action?
I’ve attached all relevant letters and evidence below for
context.
Thanks so much in advance for any help you can give.
#Post#: 67095--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: jfollows
Date: April 14, 2025, 1:08 pm
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See also
HTML https://www.ftla.uk/private-parking-tickets/universal-parking-enforcement-pcn-parking-on-a-no-parking-area-kellys-storage-lu/msg54791/#msg54791
Please post the appeal you sent, I don’t see it.
The claim is laughable and, especially if you don’t identify the
driver, won’t come to anything.
#Post#: 67097--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: jfollows
Date: April 14, 2025, 1:11 pm
---------------------------------------------------------
You don’t need to do much apart from telling them to get lost,
and they can’t hold you - the registered keeper - liable for
anything here. However wait for a better suggested response. The
other thread I refer you to suggests an IAS appeal mainly
because the PCN is egregiously bad and even the biased IAS would
be stretched not to dismiss it.
Don’t be frightened of court, the reason this is mentioned is
purely to frighten you into paying.
#Post#: 67099--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: S Patel
Date: April 14, 2025, 1:34 pm
---------------------------------------------------------
Thank you for your quick response, I really appreciate the help,
please see below the appeal I sent
Dear Appeals Team,
I am writing to formally appeal the Parking Charge Notice
referenced above.
I respectfully contest this charge on the following grounds:
1. I Was Not the Driver
At the time of the alleged contravention on 06/08/2024, I was
not driving the vehicle. I was returning to the UK from abroad,
having arrived at Luton Airport on a delayed flight. I enclose
my boarding pass and flight itinerary which clearly show I was
in transit and could not have been the driver.
The vehicle was being used by another party who collected me
from the airport. I was not in control of the vehicle at any
point during the time in question.
2. Keeper Liability Does Not Apply
Your Notice to Keeper is dated 02/01/2025, which is nearly five
months after the alleged parking event. Under Paragraph 9(4)(b)
of Schedule 4 of the Protection of Freedoms Act 2012 (POFA), a
Notice to Keeper must be served within 14 days of the incident
for keeper liability to apply. As this time limit was not met,
you cannot lawfully pursue me as the keeper.
3. No Legal Obligation to Name the Driver
There is no legal requirement under POFA or UK civil law for a
keeper to identify the driver. I have met my obligations by
informing you that I was not driving and have provided evidence
of the same.
4. Request for Cancellation
Given that:
•
•
of the notice,
•
unreasonable and without legal merit,
I respectfully request that this Parking Charge Notice be
cancelled immediately.
If you reject this appeal, I request that you:
•
•
or video footage),
•
the Independent Appeals Service (IAS).
#Post#: 67101--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: jfollows
Date: April 14, 2025, 1:58 pm
---------------------------------------------------------
Personally I’d appeal to the IAS but simplify it by removing
everything after the first sentence in your section (1), you
state you weren’t the driver and leave it at that. You don’t
have to prove anything to these scoundrels. But as you will.
You seem to have a handle on the process.
If the IAS don’t uphold your appeal, you let them take you to
court if they want to. They probably won’t and you’ll get
assistance here with the process which will see the case dropped
or laughed out of court. I think they’re not so stupid as to go
this far, they’re playing the numbers game by mentioning court
and “CCJ” in the knowledge that lots of gullible people just pay
up.
#Post#: 67168--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: b789
Date: April 15, 2025, 5:32 am
---------------------------------------------------------
You can safely ignore everything unless you receive a Letter of
Claim (LoC). The debt recovery letters, which you must ignore,
are designed to get the low-hanging fruit on the gullible tree
to pay up out of ignorance and fear.
As already advised earlier, they have no idea who the driver is
and you are under no legal obligation to identify the driver to
an unregulated firm of ex-clampers. There is no way they can
hold the Keeper liable for the charge and so leave them alone to
get on with their charade of trying to scare you into paying
into their scam.
If they ever try and issue a court claim, they will be on a
hiding to nothing. Let them waste their money. You won't be
paying a penny to these scammers is you follow the advice here.
#Post#: 67171--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: b789
Date: April 15, 2025, 5:42 am
---------------------------------------------------------
What you can and should do, is make a formal complaint against
this rogue operator to the DVLA.
Here’s how to make a DVLA complaint:
[indent]• Go to:
HTML https://contact.dvla.gov.uk/complaints
• 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.[/indent]
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:
--- Quote ---
> I am submitting a formal complaint against Universal Parking
Enforcement Ltd, an IPC Accredited Operator Scheme (AOS) member
with DVLA KADOE access, for breaching the 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—by
pursuing keeper liability without complying with the statutory
requirements under the Protection of Freedoms Act 2012
(PoFA)—renders their processing 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 the initial data access, but rather the misuse that
followed.
>
> I have uploaded a supporting statement outlining the breaches
committed by the operator and I request that the DVLA
investigates and confirms a breach of the KADOE contract and
PPSCoP.
>
> Please acknowledge receipt and confirm the reference number
for this complaint.
--- End Quote ---
Then you could upload the following as a PDF file for the formal
complaint itself:
--- Quote ---
> SUPPORTING STATEMENT
>
> Complaint to DVLA – Breach of KADOE Contract and PPSCoP
>
> Operator name: Universal Parking Enforcement Ltd
> Date of PCN issue: 02/01/2025
> Vehicle registration: [INSERT VRM]
>
> I am submitting this complaint to report a misuse of my
personal data by Universal Parking Enforcement Ltd, who obtained
my keeper details from the DVLA under the KADOE (Keeper At Date
Of Event) contract.
>
> Although the company may have had reasonable cause to request
my data, their subsequent use of it was unlawful due to breaches
of the governing Code of Practice (PPSCoP), which forms a
mandatory condition of KADOE access. The KADOE contract only
permits use of DVLA keeper data for the fair pursuit of unpaid
parking charges in accordance with the Code.
>
> In this case, the operator has breached the Code and misused
my data in the following ways:
>
> [indent]• Unlawful pursuit of keeper liability: The Notice to
Keeper was issued on 02/01/2025, nearly five months after the
alleged incident on 06/08/2024. Under PoFA Schedule 4, Paragraph
9(4)(b), keeper liability can only apply if the notice is
delivered within 14 days of the parking event. As this was not
done, the operator had no lawful basis to pursue me as the
registered keeper.
> • Failure to respect statutory limits on data use: Despite
being informed that I was not the driver and presented with
evidence of this (including my flight itinerary and boarding
pass showing I was abroad at the time), the operator continued
to pursue me without any legal basis under PoFA. They also
refused to acknowledge that I am under no legal obligation to
identify the driver.[/indent]
>
> These breaches are not minor. They represent a fundamental
misuse of DVLA keeper data and a disregard for the conditions
attached to its release. By acting outside the boundaries set by
PoFA and the PPSCoP, Universal Parking Enforcement Ltd lost the
lawful basis for continued processing of my personal data.
>
> The DVLA remains the data controller for all data disclosed
under KADOE and is therefore responsible for ensuring that this
data is not misused. I respectfully request that DVLA
investigate this complaint and confirm whether Universal Parking
Enforcement Ltd has breached the terms of their KADOE contract.
>
> I ask the DVLA to consider the following actions:
>
> This may include:
>
> [indent]• A formal finding of breach
> • Enforcement action as appropriate
> • Suspension or revocation of KADOE access if
warranted[/indent]
>
> Supporting documents, including my original appeal and
evidence proving I was not the driver, have been uploaded with
this statement.
>
> Name: [INSERT YOUR NAME]
> Date: [INSERT DATE]
--- End Quote ---
#Post#: 67256--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: S Patel
Date: April 15, 2025, 12:46 pm
---------------------------------------------------------
Thank you both for all the advice I will keep you updated on
what happens next.
Many Thanks
#Post#: 67272--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: Sander333
Date: April 15, 2025, 2:26 pm
---------------------------------------------------------
The advice you have been provided with is of the highest
quality.
For what it is worth I would not recommend any appeal to IAS a
total waste of time and effort if you win an appeal with them
buy a lottery ticket you will be on a winner.
#Post#: 67288--------------------------------------------------
Re: Kelly's Storage Lu2 9LF PCN – Not the Driver – Urgent Advice
Needed Please
DIR By: H C Andersen
Date: April 15, 2025, 4:25 pm
---------------------------------------------------------
I don't understand the references to 'appealing to the IAS'.
That ship sailed weeks ago IMO.
OP, pl just confirm and add the key procedural facts:
Parking event which gave rise to the parking charge: 6 August
2024;
Date of issue of NTK: 2 Jan. 2025.
Your appeal to them dated: ????
Their reply to you dated: ????
Deadline for appealing to IAS: 'within 21 days of the [unknown]
date of their reply' -see above.
Also: was a notice(to driver) left on the vehicle on 6 August,
or was the first communication the Notice to Keeper dated 2 Jan.
2025?
I think you'll find that this is a simple procedural issue, all
we need is facts.
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