Uk cps

Shadizzle

Hi I have now received a 10day notice before court action from UKCPS,

At first I had ignored most of the letter chains but now I am curious to what to do next.
I am positive that I am not at fault where I parked and would go back to the site to gain photo evidence.

Is this letter a empty threat? Should I have my defence ready? Should I contact UKCPS?

Thank you

Stroma

Hi there and welcome, a few questions

1) Is this England or Wales ?
2) Were you 18 or over at the time?
3) How did you get a ticket , on the car or through the post?
4) If through the post did you get it within 14 days?
5) If on the car did they send the notice to keeper by day 56 after ticketing?

Thanks

Shadizzle

England, north west area in a Free car park,
Yes I was over 18,
The ticket was on the car and they sent a letter through the post under 56 days.

I was apparently parked out of allocated bay.
But I was parked in a bay but little to my knowledge it was a loading bay.
The sign where it says loading bay was actually underneath another car Parked in the same area..

Stroma

Okay you should challenge this fake ticket to get it cancelled via popla the independent appeals, send this generic simple challenge to them , it's designed to get a popla code and not as a full appeal. Please come back here when you get the rejection, they reject almost all first stage appeals no matter what you put in them

Please get images of that sign and car park



Name
Address

Date

Dear UKCPS,

In reference to the speculative invoice xxxxxx dated xxxxxx, the keeper denies all liability to your company as it is an unlawful punitive charge, thus a penalty! If you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 3 of the BPA Code of Practice.

The keeper has nothing further to add, and will not respond to any generic correspondence from your company unless it contains the popla code, furthermore the keeper is fully aware that you must pay £27+Vat for this, so don't forget!

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the time-frame stipulated above.

Yours Faithfully

Your name (printed)

Shadizzle

Thank you I will get back to you when I receive the code, should I send my photo evidence and defence along with this letter?

Stroma

Shadizzle wrote: »

Thank you I will get back to you when I receive the code, should I send my photo evidence and defence along with this letter?

No keep that for popla, simply send that letter above by itself, there is no point putting anything else because it will be rejected.

Shadizzle2

my other account wont let me access it i have tried to reset password but it wont work so i will be using this one

Guys_Dad

I would add that "the signage is inadequate" to stroma's appeal. Just that, no need to expand on that.

After all, it's true, as you say.

When you take a photo of the bay with the words, try and get one with the bay empty and again with something parked there.

Coupon-mad

Shadizzle2 wrote: »

my other account wont let me access it i have tried to reset password but it wont work so i will be using this one

Hang on, if you have a 10 day Notice of Court Action you are too late to do a soft appeal. This is like a Letter before Action so your ticket must have been months ago - if so you can't do POPLA if the first letter was more that 28 days ago.

You need to follow the advice about strong responses to LBAs, such as this example:

http://forums.pepipoo.com/index.php?showtopic=79697&st=0

Post #11 - write it like that (without saying who was driving) but don't completely copy it as they've seen it before and aren't going to always fold when they see the same thing exactly!

I would also include a paragraph that 'the driver' only discovered after getting the ticket that there was 'loading' writing on the road under the adjacent car in a bay that had no other identifier to differentiate it from a normal bay. Say you have photos which you will show to the judge if UKCPS want to see you in Court over this matter.

And mention that their Notice to Driver and Notice to Keeper are not compliant so you will be reporting them to the BPA and DVLA AOS Compliance Manager about that fact and including your photos of the woeful signs and hidden loading bay legend. Unless they cancel the 'ticket' in which case you may reconsider.

And I would include some of the legal stuff here about 'unfair terms' and 'penalty' (this is a POPLA appeal but the wording is useable for this stage or even if it goes to a small claim hearing it's still relevant):

https://forums.moneysavingexpert.com/discussion/4695227

Post #2, use as much of it as you want but obviously word it as a response to UKCPS, not POPLA, so don't write 'the Operator' or 'I require POPLA to..' etc.!

You can show you draft response here if you like, UKCPS do look here but so what?