Parking Charge by UKCPS Ltd

kirkbyinfurnesslad_2

Remove all examples, not really needed tbh

The contract paragraph is good. In the loss one, ask that ukcps provide a full break down of costs

Redx

examples from the coupon-mad thread (these are linked under POPLA in her thread (shown in blue as "how to win at POPLA") so no idea how you missed them , just alter to suit the parking company concerned

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

https://forums.moneysavingexpert.com/discussion/comment/63823022#Comment_63823022

many more are there too

like this SUCCESSFUL one , post #36

http://forums.pepipoo.com/index.php?showtopic=83810&st=20

Washalowski

I have made a few changes to POPLA draft 2. No. 20 - Would welcome any other responses. Thanks.

4consumerrights

The Equality Act breach can be included as part of the appeal to POPLA - both the PPC and the POPLA adjudictors have a duty to consider their legal obligations for making reasonable adjustments

Guy's dad's thread - page two Coupons wording can be used:

https://forums.moneysavingexpert.com/discussion/4816165

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Washalowski - the B&Q store - we've found other forum users say they are not too helpful.

Was the B&Q store on a main retail site? - Many of these complexes are owned by the large insurance and equity companies - some freehold or leasehold (with councils owning freehold). There are often managing agents such as Savills looking after these - they have been good to cancel these charges. (writing in angry customer mode and breach of Equality Act)

Perhaps google the name of the site and check or tell us the complex and we'll try and find info -

Washalowski

B & Q New Mersey Retail Park

Washalowski

More changes to POPLA 2nd draft

kirkbyinfurnesslad_2

This is all i think you need,has all the winning elements: (ukcps dont tend to do witness statements). Equality act issues are a red herring with Popla ,

No standing or authority to pursue charges nor form contracts with drivers

UKCPS do not own the land mentioned in their Notice to Keeper and have not provided any evidence that they are lawfully entitled to demand money from a driver or keeper. Under the BPA CoP Section 7, a landowner contract must specifically allow UKCPS to pursue charges in their own name in the courts and grant them the right to form contracts with drivers. I require UKPC to produce a copy of the contract with the landowner as I believe it is not compliant with the CoP and without it, UKCPS have no legal standing nor authority at this site which could impact on visiting drivers.

Notice to Keeper not compliant with the PoFA 2012

The operator (UKCPS) has issued a parking charge notice (PCN) for failure to display a Blue Badge whilst parking in a disabled bay. Under the terms of the Protection of Freedoms Act, specifically Schedule 4, paragraphs 8 and 9, UKCPS must identify the creditor who is legally entitled to recover parking charges on their Notice to Keeper. They have failed to do so and so they have no right to reclaim parking charges from the keeper of the vehicle. In a previous ruling, POPLA Assessor Matthew Shaw has stated that the validity of a Notice to Keeper is fundamental to establishing liability for a parking charge. Where a Notice is to be relied upon to establish liability liability under para 8 or 9, it must, as with any statutory provision, comply with the Act. As the Notice was not compliant with the Act, is was not properly issued.

No genuine pre-estimate of loss

The Notice from UKCPS alleges that a breach of the terms and conditions of parking have occurred and so the charge levied must be damages that UKCPS are seeking in redress. But this car park is free and there is no provision for the purchasing of a ticket or any other means for paying for parking. There was no damage nor obstruction caused so there can be no loss arising from the incident. Given there has been no genuine pre-estimate of loss the charge levied is unenforceable and the charge should be cancelled. I also request that UKCPS provide a full breakdown of costs.

Washalowski

Thanks very much! Are you saying that I should just use the 3 paragraphs that you have written/amended?

I have re-done my original several times now. See No.20 in my thread.

Thanks once again.

kirkbyinfurnesslad_2

No, follow what ive done, copy and past it online on thier website and let us know how you get on, come back when you get a response from ukcps

Washalowski

Thank you. But I thought I was sending this to POPLA not to UKCPS who have already sent rejection plus POPLA Code.