UK Parking Control Ltd - ticket issued....

Flyazure

Thanks Umkomaas, so you feel my gut feeling is correct. Ignore all further comm's from UKPC as they have already failed in their duty to supply a POPLA code?

Umkomaas

Whilst 'ignore' might feel most comfortable, and you might 'get away with it', you do still leave yourself potentially vulnerable (and for up to 6 years). Some PPCs are starting to trawl through their old 'ignore' cases and issuing court papers; they have 6 years to do this.

POPLA is now the way to (almost certainly with a forum-assisted appeal) kill this dead, so in your shoes I'd be doing my damnedest to get that code.

I'd try one more letter to the PPC, AND, in parallel, report their continuing refusal to issue the code to POPLA (as in Guy's Dad's post #31), as well as reporting the issue to the BPA.

Flyazure

Thanks again Umkomaas,
Where does this timing begin?



I'd send the PPC a 'FINAL NOTICE' - supply me with my POPLA code within 'x' days (the balance of the days left before their 35 days expire, or 7 days whichever the longer) or you will consider their charge dropped. Inform them that failure to provide the code will be reported to the BPA and the DVLA.

Umkomaas

Flyazure wrote: »

Thanks again Umkomaas,
Where does this timing begin?



I'd send the PPC a 'FINAL NOTICE' - supply me with my POPLA code within 'x' days (the balance of the days left before their 35 days expire, or 7 days whichever the longer) or you will consider their charge dropped. Inform them that failure to provide the code will be reported to the BPA and the DVLA.

Sorry a bit late replying, only just got home.

The 'timing' should be from 2 days following the date of your first appeal. The BPA Code of Practice states:

22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, you must accept or reject the challenge in writing within 35 days of receiving it.We may require you to show that you are keeping to these targets.

22.12 If you reject a challenge you must:
• tell the driver how to make an appeal to POPLA.This includes providing a template ‘notice of appeal’ form, or a link to the appropriate website for lodging an appeal

Flyazure

All seems confusing. I assume this is what UKPC should do, not me.

I have not informed who the driver was.

Flyazure

Hi Coupon Mad,
Not sure what to do next, or when?
Tried to PM you but your inbox is full.

Flyazure

Does anyone know when Coupon Mad will be back from their travels? I could really do with their advice at this next urgent stage after my first soft appeal was rejected, asking for the drivers details with no POPLA code provided, and deadlines to keep to, which I am unsure of?

Guys_Dad

She is back. And I am sure she will pick this up.

Coupon-mad

Flyazure wrote: »

Does anyone know when Coupon Mad will be back from their travels? I could really do with their advice at this next urgent stage after my first soft appeal was rejected, asking for the drivers details with no POPLA code provided, and deadlines to keep to, which I am unsure of?

You have a choice, as already advised:

Either

1. Complain to the PPC that they need to send you a POPLA code as you are entitled to appeal as the registered keeper; and also include the BPA and DVLA and POPLA in that complaint (because they can take action against the PPC, potentially). To try to force a POPLA code out of UKPC.

or

2. Wait until it's well past 35 days since they received your appeal then write to UKPC saying that they have missed the deadline to send a POPLA code to you, as an appellant registered keeper, so the matter is closed. As they have refused to follow the requirements of their own industry code, they have failed to establish registered keeper liability in this case and, in addition, they are in breach of the CPUTR 2008. Any further contact by UKPC or their agents will be harassment now, and will be robustly reported in an official complaint about UKPC to the BPA & DVLA because they have breached the rules in the BPA code of practice at a time when you understand the BPA have recently reminded parking company AOS members that they cannot insist on appeals coming from a driver. And say that you will also complain in writing to their client in that car park and would be minded to sue them and UKPC as jointly and severally liable for damages for distress, should this unjustified 'charge' be pursued further under the circumstances.







P.S. my inbox was deliberately full when on holiday and pretty full now too as I have a serious family issue I am dealing with, unfortunately. Am here on the forum when I can be, but not getting involved by pm on here nor on pepipoo.

You needed to trust the advice you were already being given by the other regulars on here.

Flyazure

Thanks Coupon Mad, hope you had a nice break and sorry to learn of your troubles.

I did not fully understand the earlier replies from other members while you were away so wanted to wait for your insight as your guidance was used previously and was worried about any deadlines I may miss.

Do you feel option 2 is best under my circumstances, given the content of the UKPC's reply to my soft appeal, copied below?

" Thank you for your recent correspondence in relation to the above parking charge.

We have investigated the appeal based on the information submitted by yourself and can confirm in this instance that the parking charge has been correctly issued.

However in order for your appeal to be investigated further, please could you provide the name and address of the person who was driving the vehicle at th time of the offence. Unfortunately we are unable to answer any of your points raised in your appeal until we receive these details.

The parking charge has been on hold whilst on appeal and may be settled in full at the reduced rate of £45 provided payment is received at the below address within 35 days of the date of this letter (26th July).

Signed but illegible and not underwritten in print.."