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  • FIRST POST
    • LardyLad
    • By LardyLad 29th Nov 17, 3:47 PM
    • 5Posts
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    LardyLad
    Success with UKCPS: they cancel my charge!
    • #1
    • 29th Nov 17, 3:47 PM
    Success with UKCPS: they cancel my charge! 29th Nov 17 at 3:47 PM
    Just wanted to thank Umkomaas for helping me out (on Oct 26th) with my original issue with UKCPS. I received notification from them today that they have 'decided to cancel' my charge. They had threatened to take Court Action against me as keeper, to which I replied (after taking advice here) that I would contest any action and defend myself. My reply has persuaded them to drop their case, so it can be done!


    My case had specific individual circumstances where UKCPS had made some pretty glaring errors in their documentation. I had previously pointed these out in writing with no effect. These errors were probably an important factor in their abandoning their action against me. However, this site and members here helped me to construct a defence which stressed their being in breach of Section 5.2 (Disclosure of Documents) Sections 6.1 and 6.2 (Alternative Dispute Resolution) and Section 7 (Compliance with Protocol) of the 2017 Pre-Action Protocol for Debt Claims.


    I learnt that using lay language when communicating with UKCPS had no influence on their decision, but when you read (and understand) the legislation around this area, especially PoFA 2012 Schedule 4 para 4 ‘Right to claim unpaid parking charges from keeper of the vehicle’ and the Pre-Action Protocol, then a much more effective impact can be made by referring to these in correspondence. You do have to put the work in and read the legislation but it's not hard to understand.


    Presumably they were not prepared to risk losing in Court once I made it clear I would not be intimidated and back down.


    So a big thank you to the Forum and members!

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