UKCPS PCN parked kerbside on a street

Mindymoocurry

Hi guys,

Sorry if this is a duplicate post. I have been trawling the forum for a situation like mine but could not find any and would appreciate any advice.

I've received a NTK from UKCPS for £100.
It appears the car was parked on land owned by a business which was closed at the time the fine was issued
The street is very poorly lit at night so there is no way to see any signs that have been put up.

I have spoken to the land owner and he has told us that he receives no money from UKCPS from any fines they issued, that they have put signs up all around his building, part of which he does not own the land.
Thirdly he also asked if the car was parked with any wheels on the road. The reason for this is that he only owns the land up to the kerb. The kerb is owned and maintained by the council. He said that if the car was parked with 2 wheels on the road and 2 wheels on his land the car was technically parked "kerbside" and so UKCPS were wrongfully issuing the keeper with a fine.

Has anyone had experience with this? And if so, could you advise on how to proceed.

Thanks in advance

Redx

read this https://forums.moneysavingexpert.com/discussion/4816822

Mindymoocurry

Hi,

Thanks for that link. I will incorporate some of the language from the templates in my letter of appeal.

Is it worth including in the appeal that I have spoken to the land owner and what he has confirmed?

Regards

Redx

I dont see why not, but remember you are complaining as RK and not the driver (assuming it was a postal pcn)

adapt this appeal by adding details as point 4) etc , mentioning they have no landowner authority and you are prepared to call the landowner as witness if it goes to court

ps:- its not a "fine" , its a parking charge invoice

Dear UKCPS,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of of your alleged loss, and your full unredacted contract with the landowner.

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. 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 I prevail.

Please issue your cancellation within 35 days of this letter or supply a popla code to appeal to them.

Faithfully

Coupon-mad

Just be careful not to write your own point 4 and mistakenly put who the driver was, undoing the whole point of the appeal being written from the reg keeper. There's a danger you could imply it by talking about how the vehicle was parked - so personally I would NOT bother.

Mindymoocurry

Yes I've read about posting as RK in other posts

I shall type a letter up this week and post it off. Glad I googled it, I bet they get so many people with this stunt!

Redx

Mindymoocurry wrote: »

Yes I've read about posting as RK in other posts

I shall type a letter up this week and post it off. Glad I googled it, I bet they get so many people with this stunt!

get free proof of posting at the PO, dont send recorded or "signed for"

they rarely accept anything that has to be signed for, so you dont want it to "not arrive"

Mindymoocurry

Oh, thanks for that.

I would have send it recorded in an attempt to cover my back

Redx

Mindymoocurry wrote: »

Oh, thanks for that.

I would have send it recorded in an attempt to cover my back

yeah, I thought you might hence my reply

let us say you HAD sent it recorded, and they wouldnt sign for it, you would have actually proven their subsequent case that it "didnt arrive" had they wished to say you were "out of time"

so made your case look "worse", whereas you mistakenly thought it would look "better" - a classic case of shooting yourself in the foot

Mindymoocurry

Thanks for all your help. It's great having a forum set up for this.

If you don't mind, I'd like to post my reply before I send it for you to check I'm not shooting myself in the foot again?

bod1467

Feel free - just make sure to redact any personal, identifiable info. (Your name, car reg, PCN ref. etc.)