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UKPC charge for motability car in Scotland
Comments
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zzzLazyDaisy wrote: »THANK YOU :beer:
That is what I needed to know!
Dx
Hi. I've had a look at my sister's motability welcome pack, and the RK is not mentioned at all.0 -
Hi. I've had a look at my sister's motability welcome pack, and the RK is not mentioned at all.
No problem, I understand from esmerobbo that motability are not the RK (which does rather beg the question how UKCP can claim that they automatically cancel charges against motability cars when they actually have no way of knowing it is a motability car unless the RK informs them of this).
Anyway, no worries, I suggest writing a short letter (see below) to send a shot across their bows, which hopefully will do the trick. If it doesn't, then we can can go in with Big Boots courtesy of one of C-M's exocet letters
You can do it in her name and just send it, there is no need to sign, or you can just sign with a squiggle. If you send it by post do it first class from a post office and get a (free) certificate of posting. If you send it by email, you can just set up a hotmail or gmail account in her name and use that. So she does not even have to be physically involved in the correspondence.
Leave the letter up for a bit before sending so the other regulars can comment.
UKPC
ADDRESS
DATE
Dear Sirs
Vehicle Registration Number xxxx
[Insert here PCN number of you have it]
I am the registered keeper of the above motability vehicle. I am disabled with physical and mental health problems, hence my being entitled to a motability car.
For some months I have been harassed by letters from your debt collection agents threatening court action against me, in connection with an parking event which is alleged to have occurred at [insert location] on [insert date].
This situation is causing me considerable stress and is now having a significant adverse effect on my general health. Owing to my health problems I have been unable to deal with this matter before now, and even then this has only become possible because I am now receiving help and support to do so.
I notice on your website that your company automatically cancels tickets issued to motability vehicles. Therefore I am enclosing, for your information, a copy of a letter from motability confirming that the above vehicle registration is indeed a motability car.
I have also been advised that the Protection of Freedoms Act 2012 does not apply to Scotland and there is no keeper liability here, which means that your company has no right to enforce the charge against me, as the registered keeper. So it seems that the threats of court action which have caused me so much stress and upset have absolutely no legal validity.
As a disabled person, I have protection under the Equality Act. As you are now aware of my status I expect you to cease and desist this course of harassment and instruct your agents to do the same. If you fail to do so, I shall seek advice with a view to taking further action against your company.
I trust this will not be necessary and I look forward to receiving written confirmation of cancellation of the parking charge, by return.
Yours faithfully
PRINT NAME OF RK (do not sign)
cc steve.c@britishparking.co.uk
elizabeth.symons@dvla.gsi.gov.ukI'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
That's tremendous. Thanks very much. I'll get that sent.0
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She received another letter very soon after I sent the above letter to UKPC, demanding payment ('specially reduced' to £120, from memory). It was from a debt recovery agency. She's not received any reply from UKPC at all, and has just received another letter, this time from "Zenith Collections", saying that they've been passed the debt, and this time offering a 'specially discounted settlement offer' of £80.
If it was just me I'd keep ignoring them. However, they've not acknowledged the letter, or the motability issue, which according to their own website means they should cancel it. Any advice on how (or if) to take this further. My sister's rather freaked out by it all.0 -
Send a copy of the complaint letter that was sent to UKPC, and the latest threatogams, to Steve Clark at the BPA and also to the landowner/retail management at the Dundee car park where she parked. Explain in a clear covering letter/email, a little about the situation (without naming the driver) and ask them if this is how they expect UKPC to react to such a disability discrimination complaint, just by ignoring it and harassing her with debt collection letters?
The car park owner/retailer is jointly and severally liable for any disability discrimination and harassment by their agent - remind them of that fact.
Steve Clark's email address is in the 'NEWBIES READ THIS FIRST' sticky thread at the top of the forum, where you should also read the links to DRP and Zenith threatograms (ridiculous well-trodden computerised template drivel, nothing to be freaked out about). The newbies thread does explain how to deal with debt collection letters and specifically mentions those two firms with a linky or two.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks. That worked:
"Dear Mr xxxxxx
I have been in correspondence with UKPC over the last few days about your case and I am pleased to report that they have decided to cancel your Parking Charge Notice. You should receive a letter from them shortly.
I hope you agree that this is a satisfactory conclusion to this matter and I have closed your case file accordingly.
Kind regards
Steve Clark"0
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