ukpcs centertainment - never got a ticket

Thelooneytuner

Ok so seems I spoke too soon. This arrived this morning.



not too happy about the timescale either as I catch a flight tomorrow evening.

Now stuck

Could someone point me in right direction please?
Many thanks

Coupon-mad

That's a standard letter, seen it before and no POPLA code, so report them when you get back from hols. But you must send a reply tomorrow morning saying:


'Dear UKCPS,
The appropriate time to give me my POPLA code was with your rejection letter (as you well know) so you are going to be reported to the DVLA and BPA now. Send me a POPLA code by return as it's clear your charge is not any pre-estimate of loss and your documentation is in breach of your own industry Code of Practice. Or you could now cancel it, if you'd rather not hear those appeal points, and others, confirmed by POPLA at your own expense.

(up) yours,

PRINT NAME

Thelooneytuner

Thankyou so much. Starting to stress with the holiday so didn't really need this landing today.

Do I place my name or the company name as I haven't stated my name previously just the company.

I shall post it in the morning

Once again very much appreciated!

Thelooneytuner

Well they seem to be dragging this out a while. Taken ages for this response. Seem to finally have given my popla code.

Next step?

Heres a link to letter
http://db.tt/emLj2g9i

Thelooneytuner

Am I correct in the assumption I now have to appeal to popla?

Guys_Dad

Yes indeed.

But just before you do, send a letter back to ukcps saying that you require any photographic evidence of the contravention, particularly a photo of the van with the ticket attached.

As per the BPA CoP

20.5 When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered.

22.3 If the driver asks for them, you should give them copies of any photographic evidence you have.

Meanwhile, your POPLA appeal.

1. You don't believe that you overstayed.

2. You don't believe that a PCN was attached to your van

3. Signage

4 No valid contract

5 Amount asked for is punitive

6. Amount asked for is not an estimate of loss but an amount to go to their cost of running the business

Now I am not going to spell out points 3 onwards.

Just about every long thread in the last week has an appeal template. Do look here https://forums.moneysavingexpert.com/discussion/4739105 and again at recent couplon mad's links to good appeals.

Also look at the POPLA decisions sticky thread at the top, and all that will give you sufficient to write a good draft POPLA appeal that we can advise on.

Please don't get carried away thinking like Perry Mason quoting case law unless you understand it.

Do come back with the draft and we can help.

Coupon-mad

Thelooneytuner wrote: »

Am I correct in the assumption I now have to appeal to popla?

Yep! Amusing how they used the same template paragraph again at first. They can't write a letter from scratch can they?!

See the advice already given plus these links to help you:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

If you want help to perfect your POPLA appeal post your draft on here first.

And remember not to try to fit a long appeal into the online appeal box on the POPLA website as it will cut it off short!

Either attach your final appeal, once you are happy with it, as a PDF in the online box with a line or two asking them to tell you if it's not readable. OR use the form and appeal by post (10 digit code written on every page, and the whole lot stapled to the form - not paper-clipped!).

Thelooneytuner

Thankyou for your help. So I should request photographic evidence from ukcps first whilst I plan my popla?

Coupon-mad

No reason why not but do NOT miss your POPLA deadline, check now what day the '28 days' started:

http://forums.pepipoo.com/index.php?showtopic=77510&st=80

see post #84 by Jack155.

Thelooneytuner

Hi again. I've been struggling lately with regards to this as I have a close family member in intensive care.
I cant find any help with regards to parking out of a marked bay.

I appreciate all the help I am getting and really could do with a nudge in the right direction

I have also decided that should the appeal be successful a portion of the would be fine will be donated to a charity thanks to the excellent help on here. (Suggestions welcome)


What I've come up with



Re: Parking Charge Notice (ref number)

On (date) I was the registered keeper of vehicle registration number xxxxxxx. As the registered keeper of this vehicle I dispute and deny the charge for the reasons set out below:

No PCN located on vehicle
The vehicle in question was found with a small documents enclosed sticker on the window albeit empty with no details of any offence nor any information with regards to a PCN. Our employee made us aware of this at the time and with nothing was enclosed we believed someone had placed it there empty.
We then however received the letter on 5/7/13 stating we had failed to pay within the alloted timescale and the charge had increased even with no previous contact or notification. Thus I find the Notice to Keeper is non-compliant in its wording, misleading about the appeals position and arrived too late because no PCN was present when our driver returned to the van.


No contract
Unsure what to put here


No site agreement/contract with landowner/occupier
UKCPS have not supplied a copy of the contract and site agreement between them and the landowner/occupier. If it is now in the POPLA 'evidence pack' then I ask that POPLA scrutinises this because I contend that UKCPS does not have a sufficient contract or site agreement which would give them any site ownership/assignment of interest to give them the legal status to pursue Parking Charge Notices with drivers. Indeed, as far as I am aware, the only items relating to UKCPS on that site are the signs and some blank 'Parking Charge Notice' template notepads - there are no staff present and so UKCPS have no legal status there whatsoever that could possibly allow them to make contractual agreements with visitors.


No reliable evidence from UKCPS
I contend that I believe that any photos or notes provided by UKCPS have been supplied only by an anonymous (non UKCPS employee) person on-site, taking any photos with an ordinary camera and then uploading them to the UKCPS website. Since it is a fact that UKCPS pay significant 'bounties' to landowner/occupiers for tickets - as is seen from their website which I wish to draw to the attention of POPLA - clearly any such 'evidence' fails to provide the level of reliability and accountability expected of any BPA AOS member.

Non-UKCPS staff ordinary residents or on-site workers looking purely for opportunities to collect 'bounties' on site have a vested interest in taking immediate photos of any car and will also not be conversant at all with the Protection of Freedoms Act nor with the BPA Code of Practice (whether it be regarding grace periods or any/all other requirements). It is my contention that any 'evidence' provided by UKCPS comprises purely speculative tip-off photos from a member of the public in pursuit of personal gain, and as such is wholly unreliable and so any contractual or breach/trespass allegation is unfair and unenforceable.


No breach and no trespass
If there was no contract, then at most the allegation can only be a civil trespass. This is denied - and indeed the UKCPS sign & ticket does not mention trespass nor breach, so there is no charge applicable. However, for the avoidance of doubt, if UKCPS do now try to allege that this is the nature of this 'charge' then the driver would be potentially only be liable for damages owed to the owner/occupier who may have suffered a loss. Since no ‘damage’ occurred in the car park and also given the fact that the car park was not completely full in the two/three minutes the car was briefly on site and then left, there was in fact no loss at all and this charge is purely a profiteering penalty, out of all proportion to the brief stop.

I respectfully ask POPLA to direct UKCPS to cancel this ticket.


yours faithfully