UK Parking Control Fine - Help

Coupon-mad

I will only show the back of your PCN here because you've left the PCN number on the front page so I would remove that link.

http://s17.postimg.org/3r0wjn2xb/PCN2_Andrew_001.jpg

Can't see it 'identifies the creditor'? Does it? And of course it mentions POFA 2012 on the front clearly.

And what you've posted there is a POPLA appeal draft rather than a PPC appeal draft. It says things like 'In all correspondence with me, UKPC haven't produced any evidence to demonstrate that they have the necessary legal capacity to charge the driver of a vehicle using a space without a displayed permit. Nor that they have any proprietary interest in this particular piece of land. Accordingly, I require UKPC to produce an unredacted, up-to-date and signed copy of the contract.'

...which makes no sense when you are writing to UKPC for the first time!

You should be looking at the first appeals links in the newbies thread.

rivmix

Thanks CM.

You are right it does say POFA 2012 just not as 'POFA 2012' as I was scanning it for.

I don't believe it mentions the creditor, but only '..Your vehicle was recorded on our clients property...'

Taking from that I have found the following thread with a template in:
ttp://forums.pepipoo.com/index.php?showtopic=78480&pid=814173&st=0

and adjusted to the following-

Dear Sir/Madam

A challenge to the issue of a ‘Notice to Keeper’ (BPA AOS Code of Practice B.22)

I refer to your ‘Notice to Keeper’, ref xxxxxxxxxxxxxx dated xxxxxxx 2013 and would wish to draw your attention to the following statement contained therein:-

"...you, the registered keeper, will, subject to the conditions of, and under terms of schedule 4 of the protection of freedoms act 2012, be liable to pay the unpaid parking charge..."

This statement makes it clear that UKPC is dealing with its claim in accordance with the requirements of Schedule 4 of POFA. The requirements of Schedule 4 are quite clear in that there must be strict compliance with all of its requirements in order to take advantage of the rights granted under that Act to pursue the registered keeper in respect of a driver’s alleged debt.

The BPA Code of Practice supports the need for strict compliance (para 21.5 refers).

UKPC has however failed to comply in regards to paragraph 9(2)(h) of Schedule 4, PoFA 2012.

Whilst your ‘Notice to Keeper’ has indicated that you require a payment to be made to UKPC, there is no specific identification of the “Creditor”, who may, in law, be UKPC or some other party.

PoFA requires a ‘Notice to Keeper’ to have words to the effect that “The Creditor is….”

The wording of Paragraph 9(2)(h) of Schedule 4 of PoFA does not indicate that the “creditor must be named, but “identified”. To “identify” a “Creditor” a parking company must do more than name that person. The driver is entitled to know the identity of the party with whom he has legally contracted.

This view is supported by the Secretary of State for Transport. He has reserved to himself powers to make regulations to specify not only what must be said in a ‘Notice to Keeper’ but also what evidence should be provided.

He says “The purpose of this power is to leave flexibility to mandate the specific evidence which must accompany a notice to keeper if it becomes clear that creditors are attempting to recover parking charges without providing keepers with sufficient evidence to know whether the claim is valid”

So, in addition to UKPC's failure to specifically identify the “Creditor”, it has failed to provide any evidence that it, or a third party, is entitled to enforce an alleged breach of contractual terms and conditions.

I therefore expect you to immediately cancel the ‘parking charge’ and inform me, in writing that you have done.

If however, you reject this challenge, then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter.

I do not expect to receive a ‘generic’ template response and which fails to address the specific issues that I have raised with you.

No further correspondence will be entered into.

Yours sincerely

-

Is that better?

Thanks for your help, your time is greatly appreciated!

Coupon-mad

Yep, you got it!

4consumerrights

Rivmix - please check your inbox - URGENT PM sent!

I note that UKPC are still requesting appeals through the post at their rented box PO Box No. address ( which another poster identified as a royal mail sorting office) and that in the small print UKPC now have the correct registered office address on their attempts at a compliant NtK.

Don't you just love their statement:

All letters contesting a Parking Charge are carefully considered by us and replied to within 35 days

:rotfl:

And their £1.50 processing charge for credit and DEBIT cards -companies are only charged for credit card payments - banks do not charge companies for processing debit card payments .

Guys_Dad

Your comment about no further correspondence will be entered into is wrong. If they reject your appeal but don't send the POPLA code, you are going to leave it like that?

Of course not. You can say you have no more to add and if a POPLA code is not included you will immediately inform the BPA.

rivmix

Thanks for your replys!

Guys Dad -

"You can say you have no more to add and if a POPLA code is not included you will immediately inform the BPA."

Should this be:

"You can say you have no more to add and if the creditor is not stated you will immediately inform the BPA." ??

Unsure where/why the POPLA code comes into it?

Thanks in advance

Umkomaas

rivmix wrote: »

Thanks for your replys!

Guys Dad -

"You can say you have no more to add and if a POPLA code is not included you will immediately inform the BPA."

Should this be:

"You can say you have no more to add and if the creditor is not stated you will immediately inform the BPA." ??

Unsure where/why the POPLA code comes into it?

Thanks in advance

If the purpose of your appeal to the PPC is to get your ticket cancelled by them, your chances of it being successful are somewhere in the range 'zero to zilch'. In fact if they accept your (any kind of) appeal you will be one of the 0.0000001% who can claim such achievement.

Your main aim for this appeal is to acquire a POPLA code, where with our help you will get the ticket cancelled. If you fail in that you will be the only one of the 0.0000000% who have done so in the past.

So go with Guys Dad's advice

4consumerrights

IMO - consider changing the opening paragraph:

A challenge to the issue of a ‘Notice to Keeper’ (BPA AOS Code of Practice B.22)

I refer to your ‘Notice to Keeper’, ref xxxxxxxxxxxxxx dated xxxxxxx 2013 and would wish to draw your attention to the following statement contained therein:-

to:

The registered keeper of the vehicle registration no xxxxx acknowledges receipt of your document entitled Notice to Keeper dated ..............

The keeper contests the parking charge notice and challenges the contents as they do not meet the criteria under POFA 2012 nor the BPA AOS Code of Practice B.22 and would draw your attention in particular to the following:

....... continue with your letter above
and change the last part:

I do not expect to receive a ‘generic’ template response and which fails to address the specific issues that I have raised with you. Failure to either cancel this parking charge or supply a POPLA code will result in an immediate complaint to both the BPA and DVLA

No further correspondence will be entered into.

To be honest I would just delete that last sentence altogether.

****************************

UKPC will not take much notice that their NtK is non compliant - they've been issuing the same one for age. Whilst the issue should be reported to the BPA - they come up repeatedly for reasons not to enforce their COP or issue sanction points for breaches.

The importance is just to get the POPLA code which can then be used to cancel this charge once and for all - with our help!

rivmix

ok, so a final draft below:

Dear Sir/Madam

The registered keeper of the vehicle on the date of the PCN was issued of registration no xxxxx , acknowledges receipt of your document entitled Notice to Keeper dated XXX

The keeper contests the parking charge notice and challenges the contents as they do not meet the criteria under POFA 2012 nor the BPA AOS Code of Practice B.22 and would draw your attention in particular to the following:
I refer to your ‘Notice to Keeper’, ref xxxxxxxxxxxxxx dated xxxxxxx 2013 and would wish to draw your attention to the following statement contained therein:-

"...you, the registered keeper, will, subject to the conditions of, and under terms of schedule 4 of the protection of freedoms act 2012, be liable to pay the unpaid parking charge..."

This statement makes it clear that UKPC is dealing with its claim in accordance with the requirements of Schedule 4 of POFA. The requirements of Schedule 4 are quite clear in that there must be strict compliance with all of its requirements in order to take advantage of the rights granted under that Act to pursue the registered keeper in respect of a driver’s alleged debt.

The BPA Code of Practice supports the need for strict compliance (para 21.5 refers).

UKPC has however failed to comply in regards to paragraph 9(2)(h) of Schedule 4, PoFA 2012.

Whilst your ‘Notice to Keeper’ has indicated that you require a payment to be made to UKPC, there is no specific identification of the “Creditor”, who may, in law, be UKPC or some other party.

PoFA requires a ‘Notice to Keeper’ to have words to the effect that “The Creditor is….”

The wording of Paragraph 9(2)(h) of Schedule 4 of PoFA does not indicate that the “creditor must be named, but “identified”. To “identify” a “Creditor” a parking company must do more than name that person. The driver is entitled to know the identity of the party with whom he has legally contracted.

This view is supported by the Secretary of State for Transport. He has reserved to himself powers to make regulations to specify not only what must be said in a ‘Notice to Keeper’ but also what evidence should be provided.

He says “The purpose of this power is to leave flexibility to mandate the specific evidence which must accompany a notice to keeper if it becomes clear that creditors are attempting to recover parking charges without providing keepers with sufficient evidence to know whether the claim is valid”

So, in addition to UKPC's failure to specifically identify the “Creditor”, it has failed to provide any evidence that it, or a third party, is entitled to enforce an alleged breach of contractual terms and conditions.

I therefore expect you to immediately cancel the ‘parking charge’ and inform me, in writing that you have done.

If however, you reject this challenge, then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter.

I do not expect to receive a ‘generic’ template response and which fails to address the specific issues that I have raised with you. Failure to either cancel this parking charge or supply a POPLA code will result in an immediate complaint to both the BPA and DVLA

Yours sincerely

Coupon-mad

Yep, send it...except the only bit that never reads right to me with some of these appeals is at the start:

'The registered keeper of the vehicle on the date of the PCN was issued of registration no xxxxx , acknowledges receipt of your document entitled Notice to Keeper dated XXX'

I know it's based on other examples above but it reads strangely to me. You don't have to talk about the registered keeper in the third person when you are the registered keeper (and you need to make that crystal clear IMHO). I would just tweak the first sentence:

'I am the registered keeper of registration no xxxxx and I acknowledge receipt of your document entitled Notice to Keeper dated XX/11/13...'