UK CPS Ltd - Parking Charge Notice

JemimaPuddleduck24

Hiya!

Think I'm just looking for reassurance as much as advice. I've had a read through some of the threads but think I'm confusing myself at the moment. I've never had a parking ticket of any kind before and the amount of information is a bit overwhelming.

Got a parking charge notice today. Parked in a pay & display that I've not used in about 6 months. Last time I was in it was £2 for all day parking (it's open 24 hours). As I was getting the train into town with 2 small children, I wanted an all day ticket as then I don't have to worry about what time I return to the car.

Stopped at the machine, quickly scanned the list, thought I read it was still £2 and put £2 in and got my ticket. Parked in a by and off we popped to the train.

Got back, got in the car and saw a ticket on the windscreen. Was a bit confused but when I opened it and read it, it said I had overstayed. I double checked my ticket, have paid £2 but has an expiry time 3 hours after I parked. I hadn't looked at it as I thought I'd bought an all day ticket so was valid until 23:59.

I went back to the machine and looked again, and it's gone up to £2.20 for an all day ticket.

I saw this post on a recent thread and I'm getting the idea that you no longer ignore the letters on these things.

zzzLazyDaisy wrote: »

Hi Greta, welcome to the forums and well done for doing your own research and getting up to speed instead of just posting a cry for help :beer:

Yes it is definitely worth you appealing. As you will come to understand, the appeal is not anything to do with the reason for the 'offence' and everything to do with the PPCs failure to comply with the law and the BPA code of conduct.

First, don't contact them yet, but wait for the notice to keeper to come through the door, as they can trip themselves up with that and give you extra grounds for appeal.

Second - be aware that anything you say isn't likely to make much difference, and the PPC will probably refuse your appeal. But that's okay as the object is to get the verification code that allows you to appeal to POPLA - and there is pretty much 100% success rate at POPLA for people who follow the advice on these threads.

So you would do well to spend the intervening period researching posts on POPLA appeals and reading the latest threads on the POPLA decisions thread at the top of this page.

Daisy

So, is it worth me mentioning any of my story above in an appeal?

As far as I can see, I underpaid on the all day parking by 20p so that's all I owe them. There were still loads of spaces on the car park, so I wasn't stopping anyone else using a space and causing them any other loss of income. My car would have been parked there for the additional hour and a 1/4 even if I had paid the right amount.

As far as I can see, other than reading the forum in more detail, at this stage the only thing I have to do is wait for the 1st letter?

If that's the case, why do they have the thing about paying £60 in 14 days or it goes up? Or is that just a scare tactic?

Sorry it got so long. thanks for reading

Coupon-mad

I usually post these 2 links below, about the first challenge - which is best sent after you get the first letter and never in response to a windscreen fake PCN unless the car is a hire or leased/company vehicle.

So if this is your own car registered at the DVLA and this incident was in England/Wales, there's nothing to be done yet - except reading other threads to learn what to do and when!

The first challenge (when you get the first letter) doesn't have to be that 'soft' if you personally would prefer to try to knock this on the head with a strong appeal, and MUST have at least one 'appeal point' (e.g. lack of clear signs about the price increase and as the potential loss can only be 20p then clearly this 'parking charge' is an unlawful penalty, unenforceable and you are not liable for it) and is best written in your own words as the keeper, not implying who was driving:

https://forums.moneysavingexpert.com/discussion/comment/62827554#Comment_62827554

http://forums.pepipoo.com/index.php?...0&gopid=862300&

And as this is UKCPS your best bet is to read other very recent UKCPS threads which you should Google now using these words: 'UKCPS address the factual issues'. TRY IT!! You need to see the games UKCPS play, the lies on their letter about it being too late to appeal and the fact they often don't cough up a POPLA code straight away.

It's a game but you will win as long as you DO NOT miss any deadlines because you don't want to miss POPLA. UKCPS are nasty and do try court cases if people ignore them or miss the POPLA appeal deadline. So don't be one of those people, be a POPLA winner by reading up on it now; take confidence from the fact that our appeals win 100% of the time at POPLA.

HTH


NOTE FOR OTHER NEWBIES: IF IN SCOTLAND THEN THE PPC SHOULD BE IGNORED

JemimaPuddleduck24

thank you shall go have a read of those links

JemimaPuddleduck24

okay, got the yellow & white notice to keeper/driver/hirer this morning. we've had lots of 'fun' whilst waiting for it - reading the forums and obtaining evidence.

Before I send my appeal letter, please would someone have a read and let me know if it's too detailed or not detailed enough?

As the Registered Keeper, I am acknowledging receipt of your letter, dated XXXXXX 2013. I would like to advise you of the intention to appeal your Parking Charge Notice and would appreciate you sending me the appropriate POPLA verification code as soon as possible.

The appeal is based on the following which are not listed in any particular order:
• The entrance the driver used was that on XXXXX Lane . When approaching from the direction of XXXXX Lane, the signage is hidden behind a giant advert advertising free parking and can not be seen when turning across the oncoming traffic into the car park.
• The signage on the site is illegal as it refers to clamping.
• The ticket was issued without enough time for the driver to return to the car. The driver believes there should be a sufficient grace period.
• The driver fully intended to purchase an all day ticket and hadn’t noticed they had accidently underpaid. On the date of the claimed loss, the car park was half empty and there was no physical damage caused. There can have been no loss arising from this incident.
• The amount requested in your letter is extortionate. The driver believes you are only allowed to charge for reasonable and relevant costs and that, for an additional 20p, £100 is ridiculous as a pre-estimate of loss.
• The driver believes that UKCPS do not own this car park and therefore assumes you are merely agents for the owner or legal occupier. You have not provided any evidence that you are lawfully entitled to demand money from a driver or keeper, since you do not own nor have any interest or assignment of title of the land in question.

I await your response,


thanks

zzzLazyDaisy

JemimaPuddleduck24 wrote: »

[STRIKE]I await your response,[/STRIKE]
[/i]

I have given you more that enough reasons to uphold my appeal, so I suggest that you cancel the charge. However if you refuse to do so, you must send me a verification code so I can appeal to POPLA, where I am confident of success.

Yours faithfully

PRINT NAME

Coupon-mad

Have a look at billybumble's thread and see if your yellow and white ticket is the same as hers in the wording 'Appeals Procedures'?

IF SO, IT LIES. IT IS NON-COMPLIANT.

You can therefore add:

- your Notice to Keeper wholly mis-states the appeal rights that I have at this stage, as registered keeper. I am reporting you to the BPA Ltd and the DVLA AOS Compliance Team, for deceiving consumers by saying that a keeper can only appeal at this stage if the car is stolen. I suggest you cancel this ticket, sharpish, and get your story straight for the BPA Compliance Manager. There are numerous examples of that yellow & white NTK online and so I can show the BPA this is not just a one-off mistake. This breaches the CPUTR 2008 as the words are wholly misleading and would cause a consumer to make a different economic decision, believing that they now had no grounds for appeal.


Then send a copy of it to [EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

and a copy to [EMAIL="david.dunford@dvla.gsi.gov.uk"]david.dunford@dvla.gsi.gov.uk[/EMAIL]

Say that you strongly object to this AOS member's apparent bare-faced deception about the 'Appeals Procedures' for a registered keeper at Notice to Keeper Stage, being limited to 'stolen car' grounds. Say that this is not a one-off because there are at least 3 forum threads showing this exact wording from at least September onwards.

Ask to be advised of the sanctions they are going to impose because this breaches statute (CPUTR 2008 - misleading terms causing a consumer to make a different economic decision than they would have done if the misleading wording was not there).

JemimaPuddleduck24

Thanks both

Think they may have changed their wording again, Coupon-Mad. There's no mention of stolen vehicles. The Appeals section now reads as:

Appeals Procedures You have been identified as the registered keeper of the vehicle. You now have the right to appeal within 28 days from the date of this letter. Your appeal must be in writing and sent to UKCPS Ltd at the above address. If you appeal you may be asked to supply further information. If your appeal is finally rejected you may appeal to POPLA (Parking on Private Land Appeals). Detail of which will be sent at the appropriate time.

Everything else looks the same except, in the yellow box at the bottom, Payment Methods now reads:

Payment must be made to the creditor UKCPS Ltd


And to be honest, the quality of the printing is appalling. If I hadn't been on here and been expecting the NTK, I'd have thought it was a scam letter.

JemimaPuddleduck24

oh, and I meant to ask:

having read the appeals paragraph, does it look like I'm going to have a fight just to get a rejection & POPLA code?
The way it reads to me is that they're going to elongate it and not provide the rejection straight away. Also reads like they are going to ask for what evidence I have before I submit it to POPLA.

bazster

I'd suggest making your appeal to UKCPS as dumb as you possibly can. Just tell them (in your own words) that you were a bit flustered at the time and you made a mistake - and don't ask for a POPLA code.

That is much more likely to get a POPLA code from them than if you let on that you know what you are talking about.

Coupon-mad

JemimaPuddleduck24 wrote: »

Thanks both

Think they may have changed their wording again, Coupon-Mad. There's no mention of stolen vehicles. The Appeals section now reads as:

Appeals Procedures You have been identified as the registered keeper of the vehicle. You now have the right to appeal within 28 days from the date of this letter. Your appeal must be in writing and sent to UKCPS Ltd at the above address. If you appeal you may be asked to supply further information. If your appeal is finally rejected you may appeal to POPLA (Parking on Private Land Appeals). Detail of which will be sent at the appropriate time.

Everything else looks the same except, in the yellow box at the bottom, Payment Methods now reads:

Payment must be made to the creditor UKCPS Ltd


And to be honest, the quality of the printing is appalling. If I hadn't been on here and been expecting the NTK, I'd have thought it was a scam letter.

Same as on this pepipoo thread then, where I asked the same question, where I post as SRM:

http://forums.pepipoo.com/index.php?showtopic=84392

I think it still misses any 'period of parking'. Am I right? If so reply along the lines:

You are the registered keeper, you have received their Notice to Keeper but it clearly fails to meet the strict requirements of Schedule 4 of the POFA 2012 for various reasons including lack of 'period of parking'. In any case, the charge is not a genuine pre-estimate of loss...blah blah...if they reject you want a POPLA code, NOW will be 'the appropriate time' and you will not be naming the driver so there is no cause to delay the POPLA code and rejection letter.

JemimaPuddleduck24

Thank you very much for your help, kind people Got a letter this morning stating the charge has been cancelled.

If it's of use, the letter states:

UKCPS can only address the factual issues of where and how you parked. We will not enter into discussions about the legality of parking on private land or the landowners right to impose parking conditions on their property. After review of your parking charge detailed above we have decided to cancel. This is a one time gesture of goodwill and will not be repeated on future occasions.