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UKCPS parking charge notice advice (affect of court case on CRB)

My girlfriend received a 'parking charge notice' from UKCPS on the grounds of 'parking in a disabled bay with no badge displayed'.

I was a passenger in the car and have a badge and must have knocked it off the dash when transferring to my wheelchair.

We've tried appealing via appeals@ukcps.net only to get an automated email to state appeals must be via letters not emails (contrary to the text on the charge notice itself and the appeals@ address).

We've then tried writing to them including a copy of my disabled badge but they have written back to state that the appeal is refused.

From reading this and various forums on the internet they all seem to suggest not paying and ignoring the demands but my girlfriend is a teacher and concerned that any court action could affect her Criminal Record Check.

Do any of you know if civil cases like this are shown up on Criminal Record Checks even if they do go to court (1 in 1000 chance I believe)?

I've just tried emailing POPLA but suspect that due to not meeting their grounds they will reject the case. Now the question is do we pay the charge (now up to £100 due to the time taken for the appeal to be responded to) or refuse?
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Comments

  • Aaron_Aadvark
    Aaron_Aadvark Posts: 238 Forumite
    This has NOTHING to do with a criminal record.

    This is a contract dispute (where you have a good case anyway.

    DO NOT PAY
    Je suis Charlie
  • kirkbyinfurnesslad_2
    kirkbyinfurnesslad_2 Posts: 2,340 Forumite
    edited 30 May 2013 at 7:10PM
    Chris you emaied me directly via my popla help site

    I've replied to you so will have it in hand for you.

    Ps when popla state their grounds you can Still appeal on other grounds by selecting not liable for this charge.

    Please read my email and go from there:)
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Umkomaas
    Umkomaas Posts: 43,054 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This is a Civil matter; it will have no impact on CRB checks - tell your gf she has no worries in that direction.

    You're in a strong position as you will be covered by the Equality Act 2010 in view of the fact you are a wheelchair user and the Blue Badge scheme does not apply on private land.

    Coupon-mad is the expert in all things EA and will be along later to give you more advice; C-M tends to put in the late-night shift on here. Definitely knows the stuff and can be totally relied on to give you top quality advice.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umk I have mentioned to him about the equality act and would include that in popla appeal and also going on offensive against landowner/agent etc(hope its savills)
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • cdunne
    cdunne Posts: 42 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Blimey fast responses! I didn't expect to receive an email back from POPLA so quickly thought it would be at least one working day so posted on here so thank you kirkbyinfurnesslad, seems you are running a good service, I'll respond to your email.
  • Thanks.

    I am however not popla (just have a site about it) which has been getting daily emails now

    I have a reputation to keep here lol
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Umkomaas
    Umkomaas Posts: 43,054 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umk I have mentioned to him about the equality act and would include that in popla appeal and also going on offensive against landowner/agent etc(hope its savills)

    Def bring in the PPC's employers and give them a headache. I'm sure between us we can make sure this blows right up in their face and the OP will face no further aggro.

    It beggars belief that when a PPC should clearly see they've picked the wrong PCN to chase, they blindly continue to ultimate failure, ridicule and potentially much greater costs than the PCN would have generated any way.

    Trubster's mauling of a PPC and Agent (Savills?) similar to this case surely would make any half-witted outfit think twice before ploughing on regardless.

    OP - have a read through this, it should give you and your gf some confidence.

    http://forums.pepipoo.com/index.php?showtopic=75213&start=0

    HTH
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 149,914 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 May 2013 at 11:27PM
    cdunne wrote: »
    Blimey fast responses! I didn't expect to receive an email back from POPLA so quickly thought it would be at least one working day so posted on here so thank you kirkbyinfurnesslad, seems you are running a good service, I'll respond to your email.




    Right, I can help with the Equality Act breach issue. Do I assume that UKCPS have rejected but NOT given your girlfriend a POPLA verification code yet?

    If so, she should reply as follows, sending it 35 days after they would have received her appeal:


    'Dear UKCPS,

    Re: ticket number xxxxxxx car registration xxxxxxx

    You have rejected my appeal but omitted to give me the required code to take my case to POPLA. As you are out of time to provide this and are now in breach of the BPA Code of Practice, I can only conclude that you have accepted my appeal and cancelled the charge.

    However, should you decide to furnish me with a (late) POPLA code now, you should take note that you are now guilty of pursuing a demand for money aimed at a person you now know to be disabled and protected by the Equality Act 2010. As such, I will raise this disability discrimination issue with POPLA in a robust appeal - which will also include your multiple BPA Code of Practice and Protection of Freedoms Act Schedule 4 breaches - and in addition I will write a strong letter of complaint or 'Letter before Action' to your client, the landowner/occupiers of that car park.

    I reserve the right to sue both parties (UKCPS and your client) for damages for disability discrimination and harassment, should you not cancel this fake PCN immediately. When confirming that you have cancelled this invoice I also require you to confirm that you have removed all data about myself and my vehicle from every storage format you hold and from all stored/shared information with your agents. If I receive any other communication from you or your agents after this fake PCN is cancelled (other than a letter confirming cancellation) I will report your breach of the Data Protection Act to the Information Commissioner.

    Yours

    cdunne''



    :)


    And here is a similar thread where a person had already appealed to POPLA with a weak argument and I suggested they add strong words about the breach of Equality Act as well:

    http://forums.pepipoo.com/index.php?showtopic=78025

    That case is very like yours but you can only appeal to POPLA when you get your verification code - and there will be MORE points of appeal to add to that Equality Act argument, if you do have to go the POPLA route.

    So let us know the response you get.

    If they send a POPLA code - or if you already have a POPLA code? - we can go to town with the POPLA appeal so don't word it alone, it needs more than just the Equality Act paragraphs.

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Haswell has now "canceled" this invoice as a gesture of goodwill

    Obviously didnt want any more hassle from Savills who really must get fed up of complains about them
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • cdunne
    cdunne Posts: 42 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I sent UKCPS an email requesting a POPLA code and at the same time stated I would be contacting Savills regarding UKCPS breaking the rules of the equality act. This was replied to by an email from Peter Haswell stating 'As a gesture of goodwill we have cancelled your parking charge and apologise for any inconvenience caused.' Thanks to the forum posters especially 'kirkbyinfurnesslad' for the support with this I was very worried yesterday and had we still been in the discounted period and had the price been £40 not £60 would probably have paid it, I guess this is what UKCPS depend on.
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