UKCPS parking charge letter out of marked bay

Stickypaws

Hi there.

Please help!

I received a letter today from UKCPS stating it relates to an unpaid contractual parking charge and my registered vehicle was observed parked out of marked bay. Under the terms of the relevant contract displayed on the said land i agreed to pay the charge of £100 reduced to £60 if paid within 14 days. A ticket was not fixed to the vehicle , the warden or ANPR camera system observed the vehicle and photographed it for future evidence.

I did indeed park my car at the retail car park with its wheels outside the bay lines. There were lots of empty spaces in the car park and the neighbouring car was on its lines so i parked to give my passenger who has back problems and myself both enough leg room to get out without difficulty or scrapping any other cars. However, i didn't notice clear signs at all and am not aware of agreeing to any terms as such although i do intend to return there soon to check what signs there are, how clear they are and if they specifically say anything about being outside marked bays.

However, i'm currently unemployed, am struggling as it is and the last thing i want is to pay this . However, neither can i cope with their stress. I have read a lot of posts that reommend just ignoring all their letters and threats. SHould i stick it out, or do i run real risk of a court summons plus fines etc?? Please advice

Coupon-mad

Stickypaws wrote: »

Hi there.

Please help!

I received a letter today from UKCPS stating it relates to an unpaid contractual parking charge and my registered vehicle was observed parking out of marked bay. Under the terms of the relevant contract displayed on the said land i agreed to pay the charge of £100 reduced to £60 if paid within 14 days. A ticket was not fixed to the vehicle , the warden or ANPR camera system observed the vehicle and photographed it for future evidence.

I did indeed park my car at the retail car park with its wheels outside the bay liines. There were lots of empty spaces in the car park and the neighbouring car was on it slines so i parked to give my passenger who has back problems and myself both enouhg leg room to get out without difficulty or scrapping any other cars. However, i didn't notice clear signs at all and am not aware of ageeing to any terms as such although i do intened to return there soon to check what signs there are, how clear they are and if they specifically say anything about being outside marked bays.

However, i'm currently unemployed, am struggleing as it is and the last thing i want is to pay this . However, neither can i cope with their stress.

I have read a lot of posts that recommend just ignoring all their letters and threats.

SHould i stick it out, or do i run real risk of a court summons plus fines etc?? Please advice

You have wasted hours on this reading old advice. You've read old threads when you only had to read the current ones here! You've missed learning about how to appeal and reading up about POPLA (read threads about POPLA, please, please). None of this was around on the old 2012 threads you read and the old advice to ignore is NO LONGER what we recommend.

But the good thing now is you've posted a shiny new thread of your own in the right place, which on a parking board is vital (since dates and details are different for everyone).

The even better news is that you WILL NOT BE PAYING THIS, so relax!

You just need to send a short challenge to the scammers like on this thread:

http://forums.pepipoo.com/index.php?showtopic=80125&st=20&start=20

DO NOT SAY WHO WAS DRIVING NOR TALK ABOUT 'WHAT HAPPENED'!

Then there's a second stage when UKCPS reject your challenge; you will probably have to chase them up and demand a POPLA code as they are notorious at sending a rejection letter without your Code.

Then at POPLA stage you send a strong appeal to POPLA after reading up on it on the current threads (the ones around your thread right now). PLease, please, please do not just send a normal appeal to POPLA without forum help to get the wording right. It's a long appeal and you will read good examples posted on other threads (read any CURRENT JUNE 2013 threads about any PPCs, not just about UKCPS).

Get back to the 'thread list index' (where you found the blue button) by one click, see my signature below for an explanation of where to click to read current threads! You'll soon be nipping from thread to thread like an expert!




P.S. Forgot to say another thing to do as well as sending a challenge, is (if this was a Retail or Leisure Park) to send a complaint letter to the Retail Park about this scam, enclosing a copy of your receipt (not the original). Complain that their agent is harassing you and you were a paying customer, and ask whether in theory, there is any 'loss' caused by a genuine customer's car having a wheel on a white line. Please add nothing about 'leg room' - do not try to explain why you parked badly.

Stickypaws

Thanks. I have found a very brief reply off the website link you gave, basically saying its punitive and uneforceable and either cancel it or give me a popla code.

However, i've just reread their letter and it states the car was observed at 00:00. Clearly this is a typo, but also its obvoulsy incorrect and i was definatiely not there at this time- i could prove it too with witness statement. Will this help my case at all at this stage?

Coupon-mad

You could add that into a challenge but only if you are VERY careful to word it in the third person, i.e. only talk generally about 'the driver' and 'the car' not being here at that time.

You do not write what you just typed (''I was definitely not there at this time'') as straight away that's telling them who was driving...:eek:

And by the way, apologies, my link didn't work to the specific pepipoo thread that I wanted to show you with soft challenge examples (more than one to choose from):

http://forums.pepipoo.com/index.php?showtopic=80125&st=20&start=20


HTH a bit more.

Guys_Dad

What date did you park outside the lines? Let's start there as some PPCs are ignoring the POFA requirements.

Stickypaws

Hi. I parked there on 16th June 2013.
Their letter states at 00:00 but it was arounf 14:00.

i was going to reply to them
Dear Sirs

I am writing to you regarding parking charge with reference number xxxx issued to vehicle xxxxx on nnnn/2013. I was surprised to receive this, as the car was quite certainly not there then.

I would advise you to cancel this charge immediately.


Would you go with this?

Coupon-mad

Hold on that letter for a while, there's no rush just yet and by the way they WILL NOT accept it by email even though some letters suggest they will. You have to send a letter in the post and you won't be able to send it until Monday anyway. So let's look at this closer.

I am interested in this bit so please can you show us a 'broken link' (as you can't yet post links so remove the http) to a scan or photo of the exact wording on their letter?

''A ticket was not fixed to the vehicle , the warden or ANPR camera system observed the vehicle and photographed it for future evidence. ''

Is that what it says? They are admitting that no fake PCN was placed on the vehicle and yet are calling it an 'unpaid parking charge?'

Stickypaws

Also- it was a warden or ANPR camera system observation. Should i at this stage request photographic evidence of the contravention?

Stickypaws

Hi . Yes. thats exactly it.

it says by word:

this notice relates to an unpaid contractual parking charge. if you are the registered keeper we have obtained your infor from DVLA bec we have reasonable cause to write to you with reference to a parking charge whihc remains unpaid. if you consider this inappropriate you may make representation direct to the Information Commissioner's office or DVLA.

It then goes on:

on the 16/06/2013 vehicle reg no .... was observed parking out of marked bay and the driver is required to pay a parking charge in repect of parking of vehcile on land at ...retail park. under the terms of the relevant contract displayed on the said land he / she agreed to pay the charge of £100 reduced to £60 if paid within 14days. ......a ticket wa snot fixed to the vehicle, the warden or an ANPR camera system observed the vehicle and photographed it which may be later used in evidence.

Coupon-mad

Wow! Not seen that rubbish from UKCPS before. They can't issue that unless it was an ANPR situation and I don't think UKCPS do ANPR...

EDIT Just checked and apparently they do but I am sure we can tear this to pieces for you:

http://ukcps.net/anpr.php

I think I would do as you suggest and write a challenge that also requests photographic evidence of the contravention, and asks 'was this a warden situation, or self-ticketing, or ANPR, and if so was it fixed camera or a mobile ANPR vehicle? I assume you mean it was a warden who thinks the car was 'out of bay' seeing as a camera at the entrance/exit can't view bays - but I need to know which and to see your photos, ready for a POPLA appeal.'

Umkomaas

Stickypaws wrote: »

Hi. I parked there on 16th June 2013.
Their letter states at 00:00 but it was arounf 14:00.

i was going to reply to them
Dear Sirs

I am writing to you regarding parking charge with reference number xxxx issued to vehicle xxxxx on nnnn/2013. I was surprised to receive this, as the car was quite certainly not there then.

I would advise you to cancel this charge immediately.


Would you go with this?

I would also add words:

If you do not accept this challenge and cancel the charge, provide me with a POPLA verification code where I will put forward a vigorous and robust appeal which will, inter alia, require you to produce various proofs including contractual approval to issue invoices, approval from your Principal to progress charges to court, details of a genuine pre-estimate of losses incurred by the landowner (your Principal), among many other points of appeal where PPCs have already failed at POPLA.

You will, of course, need to provide funding to the tune of £27 + VAT, for this to progress to POPLA, which, in the absence of a cancellation of the charge, is my legal right under the Protection of Freedoms Act 2012.

In accordance with PoFA 2012, I look forward (with relish) to receiving my POPLA verification code within 35 days of this challenge.

Hit them hard, they need to get used to it, because you're going to hit them even harder at POPLA (with help from here - important).