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UKCPS Car Parking Ticket

24

Comments

  • Sandflyer
    Sandflyer Posts: 9 Forumite
    Circus4 wrote: »
    Hi, from what I've read, you and I have had the same problem in the same car park a week apart. Perhaps we should put our heads together?
    Yes!
    Need all the help i can get!
    If i can help great.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    edited 4 July 2013 at 9:27AM
    Sandflyer wrote: »
    hi Yes
    its the one!
    I have picture showing this.
    Thank you

    From Google Earth, there definitely appear to be no signs at the entrance and that is a requirement of the BPA code of practice.

    I would add the following sentence to my first paragraph. 'Furthermore, your inadequate signage fails to meet the strict standards set up by your own governing body, the BPA'.

    Personally, I would then send the letter now, but wait till the end of the day in case anyone else wants to add anything.

    Or as c-m said in her post, use a strong appeal based on her link. Most of the wording is relevant to your case as well.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    You need to be careful about Google Earth, their images can be years old.
    Je suis Charlie.
  • Sandflyer
    Sandflyer Posts: 9 Forumite
    Guys_Dad wrote: »
    OK. So are you able to check and see if there are any signs at the entrance of this car park and re-confirm for definite whether or not there were any in the car park? And if so, were they lit? A few photos should also be taken.

    This is an important point. PPCs have obligations on signage.

    Furthermore, what is the discounted sum, the amount if he doesn't pay etc.

    Let's have this information but then be prepared to write a letter such as this one to the PPC, but wait for a couple of days to get more advice on here.
    Name
    Address

    Date


    Dear PPC,

    Your invoice xxxxx dated xxxxx.

    The driver does not recognise your authority in this car park or your right to impose any terms, conditions or contracts on parking motorists, and wishes to appeal on that basis.

    If you reject this appeal, I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

    You have been given the reasons for the appeal above. I have nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code.

    Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.

    Yours faithfully
    Hi Guys Dad!
    Yes its me again!!
    Dam parking ticket reared its head again and need more advice.
    Received letter in post yesterday !! Reads as follows :-
    Thank for your appeal regarding the above parking notice charge.
    Unfortunately as the parking charge was issued over 28 days ago we are unable to accept your appeal. As stated on the parking charge notice all appeals must be received within sevens days of issue. As your appeal was presented significantly late the appeals procedure has now cloased and the parking charge will stand.

    Help!!
    What do i do now?
    He received parking ticket on windscreen on 20th May 2013.
    Then he received first letter from them on 24th June 2013, dated 21st June 2013.
    I replied as per your wording for letter on 5th July 2013.
    !!!! Grrrrr Have i done it wrong!!!!
    Please help.
    Regards
    Sandflyer
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 18 July 2013 at 10:09AM
    No you have not done it wrong. As per usual UKCPS is behaving like the bunch of cowboys they are. I have sent you by PM a suggested response to them. Any regulars here, let me know if you want to see it and I'll PM you also.

    You must now report UKCPS to BPA and DVLA for breaching the CoP. They are required to allow 28 days for a response to a NtK, from the date the NtK was received. 7 days is a fantasy they have simply plucked out of the air.
    Je suis Charlie.
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The BPA Ltd CoP does not lay down any requirements for timescales to allow appeals. It's open to the individual PPC to decide if they allow appeals within 7/14/28/365 days. It's a glaring omission from the CoP.

    POFA doesn't lay down any requirements for timescales to allow appeals or indeed whether the PPC must even allow appeals however if there is an appeals process it must be described on the NTD/NTK.
  • Umkomaas
    Umkomaas Posts: 43,436 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bazster wrote: »
    No you have not done it wrong. As per usual UKCPS is behaving like the bunch of cowboys they are. I have sent you by PM a suggested response to them. Any regulars here, let me know if you want to see it and I'll PM you also.

    You must now report UKCPS to BPA and DVLA for breaching the CoP. They are required to allow 28 days for a response to a NtK, from the date the NtK was received. 7 days is a fantasy they have simply plucked out of the air.

    They're seemingly desperately trying to avoid POPLA by pulling the wool over people's eyes with confusing deadlines. Definitely needs reporting to BPA and DVLA.
    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
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    nigelbb wrote: »
    The BPA Ltd CoP does not lay down any requirements for timescales to allow appeals. It's open to the individual PPC to decide if they allow appeals within 7/14/28/365 days. It's a glaring omission from the CoP.

    POFA doesn't lay down any requirements for timescales to allow appeals or indeed whether the PPC must even allow appeals however if there is an appeals process it must be described on the NTD/NTK.

    BPA CoP:

    20.16 If the keeper does not reply within 28 days, or refuses to
    give enough details about the driver, under Schedule 4 of
    POFA 2012 you are able to pursue the keeper for the
    unpaid parking charge.


    The keeper has replied. I'd love to hear them argue that this does not now oblige them to issue a POPLA code. They haven't a leg to stand on. There's an adjudication process available to them, they have refused to use it.
    Je suis Charlie.
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    bazster wrote: »
    BPA CoP:

    20.16 If the keeper does not reply within 28 days, or refuses to
    give enough details about the driver, under Schedule 4 of
    POFA 2012 you are able to pursue the keeper for the
    unpaid parking charge.


    The keeper has replied. I'd love to hear them argue that this does not now oblige them to issue a POPLA code. They haven't a leg to stand on. There's an adjudication process available to them, they have refused to use it.
    Sorry to be nit-picking here but that paragraph has nothing to do with appeals it just reiterates POFA that the keeper may conditionally be pursued for unpaid parking charges if the don't respond to an NTK.

    This is the nearest that the CoP gets to defining what timescale should be allowed for appealing but it's not a must.
    22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to challenge the enforcement action.

    Clearly UKCPS are twisting the CoP to suit their own ends but there is nothing in the CoP that forbids this as it's all fantasy rules made up by the PPCs to suit themselves. To quote Captain Barbossa in 'Pirates of the Caribbean' - "the code is more what you'd call 'guidelines' than actual rules."
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Sandflyer wrote: »
    Hi Guys Dad!
    Yes its me again!!
    Dam parking ticket reared its head again and need more advice.
    Received letter in post yesterday !! Reads as follows :-............................................

    Sorry, been away for a couple of days on business.

    However, you have received excellent advice from the guys, so follow it. The PPC is trying it on.

    If bazster gives you one of his "to the point" responses to the scammers, then it will probably be a beauty! Use it. :D
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