Wrong reg number on ticket from UKPC

Umkomaas

McKneff wrote: »

Do you realise how much of a fool you have made of yourself.

You seem to be the one dishing out the grammar and punctuation lessons in your signature.

Has irony passed you by?

Jane2112

Update to situation,

Arrived back from holiday to find NTK dated 28/11/13, which is 35 days since I got the 'ticket'
The letter shows photographic evidence and they have realised their mistake with the reg number.

What should I be including in my letter back to them? had a quick look around the Newbies start here bit, and found one that was similar in that it was an NHS car park - but you dont need a ID badge to get through a barrier at mine.

How long do I have to respond to the NTK letter? Is the fact that the origianl ticket had the wrong reg number on relevent?

All thoughts and suggestions welcomed - thanks.

Jane

Coupon-mad

I would use the example appeal you found on the NEWBIES thread but change it to suit. And I would word very carefully the bit about the original ticket having the wrong registration number...as you mustn't imply who was driving (your appeal position is strongest as keeper alone).


You should have 28 days but respond immediately. Maybe this:



Your ref: xxxxxxx


Dear Sir/Madam,
FORMAL APPEAL TO NOTICE TO KEEPER, UNDER THE POFA 2012

This is my appeal.

I am the registered keeper of the car mentioned in your Notice to Keeper that was dated xx/xx/2013. The driver will not be divulged so don't ask and don't pretend you have the powers to insist. You don't.

My appeal is based on these facts:

- I have now obtained the 'PCN' ticket which was placed on the windscreen and I see that this does not have the correct car registration on it, so it is a nullity. As such, no Notice to Driver was ever properly served.

- your Notice to Keeper (NTK) wording is not compliant with Schedule 4 of the POFA 2012 and I will leave you to check where the flaws lie in your own Notice.

- And as there was no PCN (Notice to Driver) served on my car due to the wrong registration error by your operative, your NTK would have had to arrive before day 15 to be properly served. However UKPC have treated this incident as if there was a NTD issued and have waited to issue the NTK, which is now too late and fails to meet the strict criteria within the POFA 2012.

- the car is covered by a fully-paid permit so the driver was not trespassing and there was no loss nor damage caused by the parking event. Under the BPA CoP, a PCN for 'breach of terms' (as you allege) must only be a genuine pre-estimate of loss.

- the only contract to park is with the Hospital and all payments are up to date. UKPC cannot allege there is another 'contract' by somehow re-offering spaces in the staff car park on different, punitive terms than those already offered and accepted between the Hospital and the paying permit-holder.

- UKPC is a mere agent who does not own the land, so you have no standing to make any contracts with drivers nor to pursue these charges in your name. If you allege you do, then you will need to show your landowner/client contract to POPLA and myself at the second stage appeal.

I invite you to cancel this charge since you can see that you have no cause to pursue it now that I have pointed out the flaws. As there exists only a flawed Notice to Keeper and a nullity of a Notice to Driver, I am not liable in law. But under the BPA CoP, clause 22.14, you must consider appeals from registered keepers because they are entitled to appeal to POPLA.

So if after careful consideration you decide to reject this appeal, you must send me a POPLA code without further ado, as was reminded to the BPA in the recent POPLA Newsletter (Nov 2013). Or you can confirm that the charge is cancelled.

yours,


REGISTERED KEEPER'S NAME

Jane2112

Coupon-Mad,

Many thanks for that reply. I will get that off asap.
Will keep you updated.

Jane

Jane2112

UPDATE

Sent the above letter suitably adjusted to UKPC in the week before Christmas.
I have not had a reply from them, but today (2/1/14) I recieved a letter from Debt Recovery Plus Ltd. A "Demand for payment of an unpaid parking charge" and it has now risen to £125.00. I have until 13/01/2014 to pay in full or I will be recommended to the creditor's solicitor!! their letter was dated 30/12/13.

The contravention states "No valid permit. parked in a permit space without displaying a valid permit". OK so I am guilty of the latter but not the former.

Any suggestions as to my next move?

Thanks in advance.

Jane

Redx

you can either , IGNORE IT , or you can write a robust letter, denying the debt and refer it back to creditor who is already dealing with it

more details in the NEWBIES thread

Coupon-mad

I would just take a copy of it, no need to respond to that middle-man drivel from toothless pen-pushers. You may need it either to:

- include in your POPLA appeal as proof of UKPC breaching the BPA Code of Practice by taking the matter to debt collector stage when you had appealed in time.

or

- if UKPC reject your appeal and pretend you are 'too late' (which you were not because their letter dated 28th November was deemed served at the earliest, on Monday 2nd December) you will need to complain to the BPA Ltd using the email address shown in the 'Newbies' and in the 'Successful Complaints' sticky threads.

The_Slithy_Tove

Did you send your initial appeal by post or online?
If by post, did you get a free certificate of posting from the post office, as always recommended here?
If online, did you get an acknowledgement?

PPCs routinely deliberately "lose" post as an excuse to up the ante by claiming they never got the appeal. Hence getting proof that you sent it.

Jane2112

Thanks.

I have not had a response from UKPC re my appeal yet. BUT I did not send it recorded (DOH!).

Do I wait - or do I resend my appeal, recorded, in case they "lost" the original?

Thanks,

jane

Redx

usually they refuse to sign for anything sent "recorded" as they do not wish to have that official part on anything received, as it could be something they do not want to be recorded for (they arent daft)

proof of posting from the post office is the best you can hope for in these cases, or an acknowledgement if done online, if they actually acknowledge it

post #19 actually mentioned proof of posting , not recorded delivery

they expect the opposite when dealing with us however

its called "heads we win , tails you lose"