UKCPS Parking Charge Notice

_randomer

Hi,

I'm new here but would really appreciate some advice.

I've read lots of threads that have taught me a lot and inspired me but would like to hear people’s opinion on my circumstances.

I still have a week to pay the reduced charge of £60 and I'm contemplating paying it as £60 would only really mean having to have more nights in, whereas I really can't afford a month of stress just to be landed with the £200+ fee from the courts that the UKCPS website suggests.

The ticket came from parking on what is pretty much just a piece of wasteland near a friend’s new flat I was visiting for the first time. When I pulled up I noticed there were signs around, but when I looked for a machine to pay there wasn't one. I was only going to be there for around an hour and it was late. There was only one other car parked there and room for maybe ten, so I didn't see any harm. When I came back the ticket was on the windscreen. After a look at the signs it seems you need a permit, but doesn’t offer any advice on how to get one.

So what I would like to ask is, will this get all the way to court, if so, will I lose?

From reading other posts it seems my argument would be based on no loss of income and the £100 not being genuine pre-estimate of the loss. Is this enough?

I still have a week to pay £60, but should I just sit tight and wait for the notice to keeper before heading down POPLA route?

Please ask me about anything I may have missed out.

Thanks in advance for any replies.

mib150

Usual advice is to wait for NtK, put in an appeal to the 'parking company' (requesting a POPLA code if they refuse your appeal).
Once you have your POPLA code you can submit a strong appeal with the help of the guys and gals on here.
Success at POPLA is highly likely if you follow the pointers given by the regulars in other threads.

Guys_Dad

Yes your appeal would be based on that plus a couple of other points a and we have 100% success so far, but if the appeal failed for any reason you would lose the "discount" it is only fair to say.

An appeal to the Pub would fail in all probability but they would have to give you a POPLA code and that is where you win. That is assuming you are in England or Wales.

So if you want to take them on, let us know.

Umkomaas

An appeal to the Pub would fail in all probability

GD - your predictive text is at it again - unless that's where you've been all night?

OP - I think 'Pub' should read 'PPC' (Private Parking Company).

Guys_Dad

Not the Pub. Just the tablets - in this case my Nexus and SwiftKey!

Coupon-mad

I still have a week to pay the reduced charge of £60 and I'm contemplating paying it as £60 would only really mean having to have more nights in, whereas I really can't afford a month of stress just to be landed with the £200+ fee from the courts that the UKCPS website suggests.

That's exactly what UKCPS want you to think but it is wrong.

If you win at POPLA (and we help people here win 100% of the time at POPLA) then the case is cancelled. End of scam. Same advice as to all:

https://forums.moneysavingexpert.com/discussion/comment/63547395#Comment_63547395

From reading other posts it seems my argument would be based on no loss of income and the £100 not being genuine pre-estimate of the loss. Is this
enough?

Probably, but as you can see on that standard link, we like to add other paragraphs to make the PPC jump through all sorts of hoops and likely fall at them too (such as demanding the landowner contract because UKPCS don't own the land, and picking holes in the Notice to Keeper letter, and putting them to strict proof about their signage). Nowt to do with permits!


HTH

_randomer

My partner has received the NTK and I have written a reply. Any words of advice are much appreciated.

Reference: ****
Vehicle registration number: ****
Dear Sirs

The keeper rejects the request for £100 on the following grounds:

i) No means to acquire a valid permit or authority provided.

ii) No loss to you or the land owner.

iii) The charge of £100 is punitive and is therefore void.

The keeper would now consider the matter closed, however if UKCPS LTD sends any more correspondence this should include:

i) A full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.

ii) The contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice to Keeper.

iii) As it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract has been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

iv) A verification code in order for me to appeal to POPLA.

My challenge is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when the appeal is upheld.

Anything to add?

Coupon-mad

Yep that will do the job but I always suggest opening by making it clear that you are the keeper and this is your appeal as you entitled to do, especially with UKPCS who are one of those who like to pretend you have to name the driver (so the idea is to head that off now). And I would get rid of 'I consider the matter closed' because in fact you want a POPLA code and it's not closed:




I am the registered keeper and with reference to paragraph 22.14 of the BPA Code of Practice (I remind you that 'drivers and keepers can appeal') this is my appeal as keeper, about the above PCN.

The driver is unidentified. As registered keeper, I deny I owe you £100 on the following grounds:

i) No means to acquire a valid permit or authority was provided.

ii) No loss to you or the landowner.

iii) The charge of £100 is punitive and is therefore void.

If UKCPS LTD sends any more correspondence this should include:


blah blah...the rest of your appeal is fine! At POPLA stage there will be more to add, of course.