Threatening letters...PNC, 'UKPC' - what to do

Prettylittlelotten

So, in brief I have not paid my PCN from the cowboy company 'UKPC'. Foolishly when I got the PCN back in March 13' I appealed it immediately, as my car was broken down and I had proof It wasnt parked the way it had been intentionally. The facts are as follows:


1) I was parking outside my own apartment, in the car park that requires resident permits displayed, bays are not numbered and are on first come first serve basis

2) I DID have a resident permit on clear display

3) There were NO spaces in the entire car park, it was 11pm, I took photographic evidence and sent that in my appeal

4) My car was broken down, so I pushed it up onto the kerb, NOT blocking the road or the pavement - in my appeal I sent a copy of the AA breakdown sheet as proof my car was stuck here and it was the safest place to be

5) No yellow lines of any description marked on road in car park


Their response was a big fat NO. They claimed I didn't even display my permit, and send me the photo that they took as 'proof', the photo was so far back you could barely see my tax disk let alone a permit! They totally IGNORED that part of my appeal that mentioned my car had broken down and demanded I payed them the increased amount of £200 or else basically.

I ignored this letter on advice of the people from MSE, they sent more letters asking for the money, so I replied once more basically threatening them, as they never gave me a POPLA code and 200+ days had passed since we had last communicated. I warned I would inform the DVLA and POPLA about their 'breach' and that it invalidated the PCN, despite this, 100 days later a new letter arrived, from a 'debt recovery' company on my doorstep.

In summary I have now received 3 letters from this 'debt' company, saying I am on my final straw. They have said I have one last chance to pay a reduced amount of £140 or they will reccommend that UKPC take me to court and this this could cause serious damage to my credit history...(CCJ?)

I have learned my lesson, just dont bother APPEALING so they have your details, however, should I continue to ignore these letters or seek a solicitor? I am not paying them regardless, as I'm quite confident I would win in court, in fact I want to sue them for being so threatening and unprofessional!

Nonetheless I would be lying if I said I wasn't concerned about these letters, what if they materialise? Will I be the exception to the rule they 'never bother' taking things further??

Advice please...any one else been here???

The_Slithy_Tove

Just ignore them. UKPC aren't know to do court.

You were right to appeal, they would get your details anyway. You just should have taken it to POPLA, had you understood their underhand tactics. That is there's a good chance they did give you a POPLA code, just that they hide it away somewhat - worthy of a complaint to the BPA.

You are worrying without cause. This is their way, threats and intimidation, with no concern over the stress it causes people. Even if you were the exception, they would get nowhere with a proper defence. But it's so unlikely to come to that, it's not worth fretting over.

Prettylittlelotten

OK, Thanks. They definitely did not give me a POPLA code, I have the complete paper trail and have analysed their responses to shreds!!

I never got the chance to go to POPLA, a) no code, b) never knew about this policy as it was never mentioned! You guys at MSE were the ones that brought it too my attention, just a little to late to make a difference...

Should I seek to consult a solicitor do you think? I have no idea how to do this if so...

Coupon-mad

Prettylittlelotten wrote: »

OK, Thanks. They definitely did not give me a POPLA code, I have the complete paper trail and have analysed their responses to shreds!!

I never got the chance to go to POPLA, a) no code, b) never knew about this policy as it was never mentioned! You guys at MSE were the ones that brought it too my attention, just a little to late to make a difference...

Should I seek to consult a solicitor do you think? I have no idea how to do this if so...

Absolutely and categorically NO! You don't need a solicitor!

1. - UKPC never ever do court (except when they were taken there):

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

http://forums.pepipoo.com/index.php?showtopic=63597

2. - Debt Recovery Plus (and their alter ego, 'Zenith') letters are the usual UKPC threatograms; have been ignored for YEARS!

https://forums.moneysavingexpert.com/discussion/2329119

http://forums.pepipoo.com/index.php?showtopic=78495

3. - You were right to appeal but should have waited for the Notice to Keeper in the post (never respond to a fake PCN on a windscreen, wait a month or two for the letter if you are the registered keeper, THEN appeal).

4. - As you have the whole paper trail why not send scans or pics of it all to the BPA and DVLA and complain that UKPC had a perfectly good and timely appeal from you and rejected it, but never sent a POPLA code so you think the BPA should take action against them in the form of sanctions and force them to cancel the ticket. Email addies here, just do it!

https://forums.moneysavingexpert.com/discussion/comment/62837083#Comment_62837083


HTH

Prettylittlelotten

Just for your attention this is the email I sent, I sent it to Elizabeth and copied in Steve:



DVLA,
Elizabeth Symonds,

I have been advised to email you with regarding a complaint I would like to make in relation to the private parking firm known as 'UKPC'. My complaint against this company is regarding a PCN that I received, that I appealed in a timely manner. In rejection of my appeal I was not given a POPLA code by the company, which I have recently learned may have changed the outcome of this case, should I have been given a code and known what to do with it!
In realisation of this I informed UKPC in writing that they had breached the POPLA and BPA Code of best Practice, reminding them that the Code of Practise clearly states that within '35 days of receipt' of any appeal/dispute of a Parking Charge Notice, the private firm must provide the applicant with a POPLA code should their appeal be unsuccessful. This enables the applicant the opportunity to challenge this decision independently, should they wish to do so'...

UKPC wrote to me on the 22.03.13, clearly stating that they received my appeal on the 18.03.13. This therefore supports my claim that over 35 days elapsed since we last corresponded; in actual fact over 70 days elapsed since last contact and still no code regardless. I advised UKPC in writing on 31.05.13 that the correct course of action had not taken place, which therefore deemed my 'appeal accepted' because the deadline for this process has been missed.
Despite this UKPC went on to send me further threatening letters, some suggesting that they will put a mark on my credit score unless I pay the drastically increased £200 immediately and also take me to court.
Please also be aware Elizabeth, that POFA requires that in order to make use of the provision to pursue the registered keeper (if the driver does not pay the sum demanded) that they must send a Notice to Keeper within 14 days (counting the day you parked - 24 April - as Day 0) - para 9, Schedule 4, Protection of Freedoms Act 2012. This letter was not received either, so from that perspective they have also failed, and should they persist in chasing me for the debt (as the keeper) they may be liable to a claim of harassment.
As members of the British Parking Association Approved Operators Scheme, they have also failed to comply with the Code of Practice and to top things off have made, arguably, improper use of DVLA data which is implicitly supplied to enable UKPC to follow the law.

Please use this information to look into this complaint and where possible have this PCN cancelled, I am currently seeking a solicitor should you not have the power to do this, as I am keen to know my legal rights against this company.

Kind regards



....I will keep you guys updated with the outcome