argghhh!! Hubby getting twitchy!!

Penguin123

Have received a parking invoice from UKCPS which stated the driver/passengers were seen leaving the car park and that the ticket affixed to the car had not been paid and a higher amount is due.
This went to hubby as he is the RK but i was the driver.
I have told him to ignore it as per this forum but he's getting twitchy about debt recovery and couts.

Is there anything i should be doing which i can show him not to be worried?

He has read bits of this forum but is still unsure

Thanks

AltheHibby

You can tell him that we have experts on this forum who can ensure that you never pay a penny.

I'm not one of the experts, but even I know that the fact they watched you leave the premises and didn't try to mitigate their supposed losses by warning you will count against them if they are stupid enough to go to court.

How worried does he need to be? Well, I'm an accountant so I can't afford the trouble that comes with not paying legitimate debts. On the other hand, the useless invoices I've had from one of these scammers don't cause me to lose any sleep. In fact, I would welcome the chance to give them their day in court. If I don't have to worry then neither does he.

bondy_lad

what part of FAKE ticket/invoice,does he not understand????? worry not hubby.

tospig

Tell him to give me half the amount, then I'll make it go away for him. He may get a few follow-up letters, but because he's paid me a settlement fee it will be ok.

Or, he could take the advice from this forum, listen to people who have been through the exact same process (I've had eight tickets from UKPC) and ignored all their letters and empty 'threats'.

The_Slithy_Tove

Penguin123 wrote: »

Is there anything i should be doing which i can show him not to be worried?

He has read bits of this forum but is still unsure

Get him to read more of it, then.

Coupon-mad

Penguin123 wrote: »

Have received a parking invoice from UKCPS which stated the driver/passengers were seen leaving the car park and that the ticket affixed to the car had not been paid and a higher amount is due.
This went to hubby as he is the RK but i was the driver.
I have told him to ignore it as per this forum but he's getting twitchy about debt recovery and couts.

Is there anything i should be doing which i can show him not to be worried?

He has read bits of this forum but is still unsure

Thanks

Your action depends what stage it's at (and if in Scotland, IGNORE it).

If it's still at PCN or Notice to Keeper stage then challenge it, if it was in England or Wales ONLY. Then appeal to POPLA (independent second stage decision) with our help to word that properly. There is an answer to the 'left site' allegation straight away which we can give you to include, but there's LOADS more.

Don't miss a trick because we do actually suggest this action (appeal to the PPC then appeal to POPLA - but with help) in most cases, to get these fake PCNs cancelled at the scammers' own expense!

If it's well past the first letter to Keeper and you never appealed it - then keep on ignoring the debt collector letters, which you will see here:

https://forums.moneysavingexpert.com/discussion/2329119

The new law hasn't changed much either (except clamping was banned and POPLA came in, plus keeper liability which isn't anything to be concerned about):

https://forums.moneysavingexpert.com/discussion/4392797

https://forums.moneysavingexpert.com/discussion/4360185

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

And if he wants other corroboration, what about the CAB Advice Guide and the Guardian Article this week.

Ignore - or appeal if still in time, but get help with wording the challenges. And if you are better at deadling with this then you should be the one to challenge it and say you were driving. That hooks it away from him completely if you give them that information very soon after the PCN or NTK (notice to keeper).

Penguin123

thanks for the replies.
hubby likes a quiet life- not sure why he married me then!!!!

The letter is a Notice to Keeper and we are in England.

The notices says that the 28 days allowed for appeals has elapsed - but there was no ticket on the car so I would not have known this.

I am happy to take them on if its possible


Thanks

The_Slithy_Tove

Penguin123 wrote: »

The notices says that the 28 days allowed for appeals has elapsed

Breach of BPA CoP, which says

When writing you must include the following information:
...
4 that payment of the amount owing must be made, or
the ticket challenged, within 14 days or you may take
further action

Therefore you ca appeal, or just tell them to bog off as they are in contravention of the CoP.

nigelbb

The driver & the keeper are not necessarily the same person & as the keeper may be unaware of the ticket left on the car (Notice To Driver) when the Notice To Keeper is sent the appeal clock is restarted.

Coupon-mad

Penguin123 wrote: »

thanks for the replies.
hubby likes a quiet life- not sure why he married me then!!!!

The letter is a Notice to Keeper and we are in England.

The notices says that the 28 days allowed for appeals has elapsed - but there was no ticket on the car so I would not have known this.

I am happy to take them on if its possible


Thanks

EDITED TO SAY - I do see this as a BPA Code breach now I have looked at the exact wording (see my reply #17 below...).

Now you can of course challenge it as the registered keeper and win. It's not a hearing or anything, just a chance to email a strong appeal challenge to an independent assessor (and their decision is binding on the PPC so they'd have to cancel if they lose, but not binding on you so you can still ignore if you lose). And the PPC has to fund this stage - so what's not to like about that!

But you can pretty much copy & paste stuff into a strong appeal in an hour or so and you should certainly not miss this chance. I just typed out what to do to draft a POPLA appeal, here in my reply to cheesed-off:

https://forums.moneysavingexpert.com/discussion/4571549

Happy reading - lots of links there and a bit of homework needed on your part now, to copy & paste what you find into an appeal you are happy with - and let's see your draft appeal over the weekend so we can help make it the strongest it can be in terms of a (hopefully) winning challenge.

Penguin123

Right here goes-
First draft -
Dear Sir or madam,
As the registered Keeper of Car XXXXXXXX I am writing to complain against the Parking Charge issued by your firm UKPCS on (insert Date) at the ****** retail Car Park for the alleged breached stated- Driver/passenger observed leaving site.

The basis on which i am refusing to pay are thus:
1) The amount of the charge is disproportionate to the loss incurred by UKPCS there fore I require UKPCS to demonstrate that this charge is a legitimate pre-estimate of loss.

2) UKPCS claim to have authority to issue parking charge notices in this car park therefore I require them to produce the contract that gives them that authority.

3) The wording on the signs displayed at the car park in question is ambiguous and thus unenforcabe.

4)Further to point 3,the reason stated- Driver /passenger observed leaving the site not a valid reason for issuing a charge as car parking is provided by this carpark for XXXXXXX store for which leaving the car park is essential in order to visit said store.

4) 5)UKPCS have breached of BPA Code of Practice papagraph 22.2 which says:

Whenever you issue a parking charge notice you must tell drivers about the arrangements for resolving complaints, challenges or appeals. These include:
• your procedures for dealing informally with challenges by the driver about the parking charge notice or any matter in it
• the arrangements for independent appeal to POPLA.


Drivers should first use your procedures for resolving complaints, challenges or appeals, before being able to refer them to an independent appeal. You should tell drivers at what stage an independent appeal to POPLA becomes available.

These details were not stated on the Notice to Keeper I received .


I look forward to receiving notification that the Penalty Charge XXXXX has been cancelled and I am no longer required to pay the amount detailed in it,
Yours Etc Mr Penguin


Any help gratefully received, any thing else i should add?