UKCPS Invoice to Pay parking charge

kris1

Need a little advice please. Ive read through the forums and get the general gist that you dont have to reply or enter in to any communication with UKCPS, however as I work at a financial company, and cant risk a CCJ if i "do nothing" then I would like to appeal.

the facts:
on the 16th may i was issued with a parking penalty notice at my works car park.

I do have a permit, however it was a particularly warm day on the 16th and id left the window ajar and it looks like the permit had fallen out of the holder and was no longer visible. I appreciate these are mitigating circumstances and appear to hold no weight with UKCPS.

On the same day, at the same time a colleague was also issued with a ticket.

My colleague phoned the office (although the ticket states they do not deal with appeals over the phone) and had his ticket cancelled over the phone (he gave the same reason I have provided above.) On hearing this, I decided to do the same thing. However, I was informed i must put my appeal in writing and provide a copy of my work pass. I did this and have now received a reply stating my appeal has not been upheld and I am still liable for the £60 fine.

On principal I dont think i should pay and am looking at putting a good appeal together.

The facts are:
- A colleague had their ticket cancelled for the same reason and mine was not
- Under the current guidelines, it states there should be signs at point of entrance in to the car park. These are not present and there are only signs on the walls once in the carpark (i believe those signs meet the required 45cm*45cm size guidelines)
- The Parking charge states that after 14days UKCPS will contact the DVLA for the driver details. I thought the legal requirement was 28 days? Does this remove any enforceability?

- I would also like to add the usual comments about reasonable charges, to ensure i get a response on the breakdown of the costs charged
- I would also like to add comments about the Vehicle Control Services Limited v The Commissioners for Her Majesty’s Revenue and Customs [2012], the operator has no authority to issue parking charge notices in relation to the land in question. To see if they provide them


Is there any advantage in making a point about 2 customers being treated differently? I know treating customers fairly is big but im not sure how legally important it is in these matters. Am i also being discrimated against as my colleagues ticket was cancelled when providing the same reason for not displaying the ticket as I have?

My first appeal letter from UKCPS also states a couple of factual innacuracies:
1: Location "CAPITOL HOUSE 2" is incorrectly spelt and is different to the location stated on the issuing ticket "Capital House" (which is also incorrect, it should be Capital House 2)

2: It states that "the vehicle was parked in private land is for use by pemit holder and or pay and display use." There is no pay and display use, so this statement is incorrect

3. the bottom paragraph states "UKCPS can only address factual issues of where and how you parked. We will not enter into discussions about the legallity of parking on private land or of the landowners right to impose parking conditionson their property" Isnt that a bit of a cop out? I would have thought that if i ask the question they are legally required to provide a response?



Any help much appreciated in the best way to move forwards

Umkomaas

You won't get any CCJ - unless you fail in your appeal to the PPC (probable) AND you fail in your appeal to POPLA with help from here and PePiPoo (very unlikely), AND the PPC takes you to court (unlikely), AND your defence with help from here and PePiPoo fails (very unlikely), AND the Judge awards costs against you AND you fail to pay the costs within 28 days. In which case you will have no one other than yourself to blame in committing occupational suicide.

So let's get back to the real world........

You say it's your works car park? Have they employed the PPC? If so, they can get it cancelled with a quick call to the PPC.

You need to check the paperwork you've received against this checklist to check that it's compliant, if not state that in writing to the PPC and demand the charge is withdrawn:

Parking Cowboys Checklist

If you need to appeal, in the very likely event of that appeal being rejected, you need to acquire a POPLA code then take more help from here. A 'soft', short appeal, no B/S telling them the story (mitigation) save your breath/typing. Use something like this.

Dear PPC

PCN No xxxxxxxx
Car Reg xxxxxxxx

Date

I am writing to challenge this fake PCN. I confirm that a valid Parking Permit is held for this car for this site - copy attached. The car was parked legitimately. Your punitive fake PCN is therefore no more than an attempted penalty - you have no legal right to issue penalties.

I require you cancel this penalty charge forthwith and confirm that you have done so in writing to me. If you do not do this, forward me a POPLA verification code so that I can put this point and a significant number of other relevant points to POPLA in a robust appeal.

Save for either of the above, do not correspond with me again.

NAME IN BLOCK CAPS, no need to sign.

So to recap - use advice in the order above, if you can head it off via our employer that's the least difficult way. Good luck and keep the forum informed of progress

Guys_Dad

I knocked up this checklist with some help from others.

Hope it helps.

1. Do not make an appeal to the PPC till you receive the Notice to Keeper. This gives you time to assemble your case.

2. I/We didn't do it. If it is genuinely the wrong vehicle and you can prove it, this is the clincher. If it is an ANPR system, and they are using "first in last out", demand a full extract of all photos for the period in question that shows you entering and leaving twice, and if you have receipts that shows you elsewhere in between, so much the better.

3. The PPC has no contract with the landowner that allows them to charge me. Always demand that they produce documentation to POPLA. This should be in EVERY POPLA appeal.

4. The signs are not compliant with the BPA requirements. Check out the BPA COP and get them on the slightest error.
This looks like a must for you

5. They failed to keep to the timescales as laid out in the BPA COP and POFA. Keep the paperwork and ensure that they have followed that to the letter.

6. The amount they are trying to charge is too high. Currently the BPA suggest £100 is the upper limit of the non-discounted charge.

7. They are not offering at least a 40% discount for "prompt payment" and are not giving you 14 days to pay that amount.

8. They have alleged a breach of contractual terms, but have not provided a breakdown of their actual losses arising from the breach, or any justification of their charge as a pre-estimate of loss. Under contract law, a party can only claim for their actual or liquidated losses, not an arbitrary sum. Currently, this point is the most common reason POPLA appeals are upheld.

Coupon-mad

UKCPS letters are not POFA compliant at all - so their words and timescales are well worth comparing to the parking Cowboys checklist already linked.

Are we right in thinking they also failed to give you a POPLA code when rejecting your appeal? Typical from UKCPS so do use Umkomaas' suggested response and keep all letters and envelopes to compare to the BPA Code of Practice and to the requirements under Schedule 4 of the Protection of Freedoms Act.

Shame you appealed when you got the windscreen fake PCN as we don't advise responding to that at all. By doing that you've missed out on another particular non-complaint Notice from this bunch of chancers. Never mind.

When you get your POPLA code or form, come back and show us the draft POPLA appeal you are thinking of sending so we can help to ensure you don't miss a trick or two. By the way your point about 'two customers being treated differently' is mitigating circumstances and a total non-starter - but there are lots of stronger points to kill this at UKCPS' own expense at POPLA.