Ukcps

ianswing

I've just returned from 3 weeks in spain to find a letter from some parking cowboys (UKCPS), says i parked in a car park and had a ticket put on, says as ive not paid early its now £100 instead of £60, Now im not telling fibs here when i say i didnt get a ticket on the window and the shop in question is a store that the wife went in to offer furniture to them but they declined as no room in the store, If the ticket had been on I'd have gone into the store with the wife immediately to get proof that she'd been in, makes sense to me eh ? also as the cars a soft top i have interior surveylence that clearly shows no-one putting anything on the screen whilst there, is it still better to ignore the letter,dont ring or write as it states ive missed the 28 day deadline,ive lived in the area 19 years and know about the signs so wouldnt park there unless i was going in the shop. thanks Ian.

The_Slithy_Tove

My, that's a very long sentence.

P.S. Don't fret about the ticket. It won't come to anything.

ianswing

I thought that but was unsure if the rules had changed,best to check before ringing on monday to argue,thanks for the reply :beer:

Stroma

Well I think you can still appeal and go to popla if they refuse your challenge, does it mention popla on there at all? You should be in time for that. Or as mentioned just ignore them unless they issue a claim, on that please remove the date from the original post as peter haswell their office manager lurks here, and you are almost identifying yourself there.

ianswing

thanks for the tip, removed date and store name

Coupon-mad

ianswing wrote: »

I thought that but was unsure if the rules had changed,best to check before ringing on monday to argue,thanks for the reply :beer:

Ringing WHO to argue??? Not UKCPS, don't even THINK about it! Are you joking? They are a parking firm like any other, not a 'legit/fair' company you can phone up.

What you can do is either IGNORE all their letters, or send a written appeal and then when they reject that, send a POPLA appeal with our help with the wording. Soft appeals don't win at POPLA, you need lots of stuff. You will be writing the appeal because you've had that Notice to Keeper and want the fake PCN cancelled.

I posted in post #8 here with links to help you put together a strong written appeal:

https://forums.moneysavingexpert.com/discussion/4557939

But don't just copy the links and template, read and use them though and DON'T send a soft appeal 'no PCN was on the windscreen' is a loser of an appeal on its own.

A few questions (but you must still read the links and formulate an appeal):

- Were you sitting in the car?

- Is it a free car park, or Pay and Display?

- What was the 'offence' on the fake PCN? (it's not a real one, not a fine at all).

ianswing

"Coupon-mad"

A few questions (but you must still read the links and formulate an appeal):

- Were you sitting in the car?

- Is it a free car park, or Pay and Display?

- What was the 'offence' on the fake PCN? (it's not a real one, not a fine at all).[/QUOTE].

it's a free car-park for 1 hr if your using either of the shared businesses, wife went into one as mentioned,i went into the other for some shopping,placed shopping in the boot and walked to cash-machine which takes 10 mins max,obviously as no ticket was given and the ensuing holiday i dont have a receipt for my purchase now,in car video clearly shows date/time and clear view of front and side windows recorded onto a hard-drive in the glove box which i save to the computer.
wife was sat in passenger seat on my return,time was 40 mins from entry to leaving,car was unattended for about 25 mins according to the video which shows wife getting back in.

letter states its to pay for a parking charge affixed to the vehicle Which it clearly wasn't as i'd have gone into the shop to find out what was going on) on private land (it's a tarmac marked out car-park) and is a "contractual parking charge" as laid out on said signs. it says i can make representation to the Commissioners Office or the DVLA but gives no details for either. just a long list of subsection this,clause that,paragraph A,A1,J etc etc

If i had a Parking fine stuck on my window 3 weeks before a holiday i'm sure i wouldnt drive off and leave it unqueried knowing it would get dearer.

thanks for the links and help. :T

cgk1

ianswing wrote: »

If i had a Parking fine stuck on my window 3 weeks before a holiday i'm sure i wouldnt drive off and leave it unqueried knowing it would get dearer.

thanks for the links and help. :T

Why? Are you are doing is indicating to the parking company that you are a likely sucker. How can a fine that is not a fine and was never a fine get any dearer?

Just throw it in the bin and forget about it.

hoohoo

POFA states:

6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(a)has given a notice to driver in accordance with paragraph 7...

and...

7(4)The notice must be given—
(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
(b)while the vehicle is stationary,
by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

Since they did not affix the document or hand to the driver they cannot use POFA.

Appeal to the PPC on the basis that they have not complied with paragraph 7.4 of POFA. State that you have digital evidence that this is the case but do not send it to them. Ask them for full details why they think they complied, including photographs, parking gorilla witness statements and parking gorilla training records. Tell them that you will not enter into any more correspondence and ask them to cancel the ticket or give you a POPLA code.

Do not send them the video; reserve that for POPLA.

If they do not cancel, take this to POPLA, where you will win not only because POPLA are hot on procedural errors like this, but also because we will give you a whole load of other POPLA winners'

Also if you are up for two more emails, complain to the BPA and the DVLA since this is a clear case of 'sharp practice' and may well result in a ban; even if not immediately then if other complaints start to stack up.

BTW, this dashboard camera sounds very useful. Would you recommend the model you have?

Coupon-mad

This is a good one for POPLA to see the sort of scam these companies try.

I would send a challenge to the 'Notice to Keeper' and say that no PCN was on the windscreen (but don't tell them you have proof, don't let them know, save it for POPLA!!). And also if the Notice you now have doesn't even tell the Registered Keeper what the 'contravention' is alleged to have been I think that's got to be a breach of the CoP about 'Notices to Keeper'.

Compare it to the info here:

http://www.parkingcowboys.co.uk/keeper-liability/

I suspect it may have been for 'leaving site' if the cashpoint was off-site; I bet some numpty watched you walk away. But you can't guess that if the NTK doesn't tell you, and your passenger was on site the whole time. Just say 'your Notice to keeper is non-compliant because' and list the differences you find when compared to the Parking Cowboys' summary, and that there's no clue as to the contravention so is a Registered Keeper meant to guess?!

In your case I wouldn't even bother at this stage with much of ther usual legal challenge wording unless there's any point that you particularly like!

ianswing

hoohoo wrote: »

POFA states:
BTW, this dashboard camera sounds very useful. Would you recommend the model you have?

I have two mounted,the rear one has two lenses that swivel so cover side windows and a slightly better 1 lens jobby that films the front, both record to 32gb memory cards in 15 min sections when driving,but when parked I just connect with a lead straight into a drive in the glovebox, need to tidy the wiring up now i know it works and the qualities good,both camera's can be left recording all the time when parked or have movement sensors that you can adjust the distance so it starts when someone approaches, I'd left it on record,lucky really as the otherway they wouldnt have tripped as nobody came near, only cheap off eb*y,didnt pay £50 for the pair, are you allowed to post links on here ? or I can PM you ?