UKCPS Ltd didn't include the location, how can I appeal?

SoupFly

Hi everyone

I have spent a while reading through posts in this forum today, I am glad I found this website. I have learned a lot but I have not seen anything quite like my situation so far...

Hopefully someone will be able to help.

As the registered keeper of a vehicle, today I received a "Notification Letter" from UKCPS Ltd, stating that 28 days have now lapsed since they last wrote to me and that a parking charge remains unpaid. Parking charge? This was the first letter I have ever received from UKCPS Ltd, and already I have apparently incurred an extra £20 charge for late payment?

My car leads a relatively mundane life and is only ever used to collect my son from school, with the occasional trip to the shops. I cannot imagine it being parked anywhere that would incur a charge.

I suspect that my vehicle was not involved and the parking charge is not valid.

In the past I have received a speeding penalty notice for this vehicle (which the Police quickly dismissed after I pointed out that the vehicle was kept hundreds of miles away from where the speeding incident took place). Perhaps my vehicle has a twin somewhere which is now parking inconsiderately?

I am resigned to the fact that I must lodge an appeal, however this is where it gets more frustrating.

The main body of the letter reads:

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YOU MUST NOT IGNORE THIS NOTICE, YOU HAVE 14 DAYS IN WHICH TO REPLY

We UKCPS Ltd, are required by law to inform you under Schedule 4 of the "Protection of Freedoms Act 2012 sub paragraph (1).a 7.(2) a.b.c.d.e and f that On the REDACTED vehicle registration REDACTED was observed parking Overstaying stipulated time limit and the driver of a vehicle is required by virtue of a relevant obligation to pay a parking charge in respect of the parking of the vehicle on land at (name of land) and by so parking he/she agreed to pay the charge of £100 under the terms of a relevant contract displayed on the said land.

---

Note: "name of land" is not a typo but copied directly from their letter!

Not only am I being charged for a parking incident that I believe did not involve my vehicle, I also have no idea where the incident took place making it very difficult to defend against. UKCPS Ltd state that they are "required by law to inform", but I don't consider myself sufficiently informed by them.

The clock is ticking and the penalty charges are growing, however I am not sure how to respond since the parking incident was reported to have taken place over 5 weeks ago.

No ticket was ever found affixed to the vehicle by any of the drivers and the letter I received today was the first indication of a problem.

Any advice would be appreciated.

Thanks in anticipation.

4consumerrights

You need to read the Newbie thread sticky for a general insight.

It is not a penalty charge - they say you incurred an extra £20???
£100 is normally the standard charge and they are obliged to offer a 40% discount for early payment - BUT DO NOT PAY ANYTHING as this can easily be challenged

Typical tricks that the PPC are currently doing - pretending a letter was previously sent is common practice.

Does the letter mention anywhere Keeper liability?
What date was the parking event?
Do you live in England or Wales?

UKCPS could either be too late in sending this or trying to circumvent POFA by getting driver liability only.
Does it mention appeals at all.

They are also in breach by not naming place on letter should be able to complain to BPA and DVLA also

Answer these questions first.

ampersand

Thanks for highlighting this point 4cr:
Typical tricks that the PPC are currently doing - pretending a letter was previously sent is common practice.

Soupfly[excellent name btw:-)] - they will also deny receipt of letters from you, even when you have captured/retained RD signatures.

These Threads and generous posters will all come to your aid.
Come up for air every so often and read ParkingPranksters blog:
http://parking-prankster.blogspot.co.uk/

All will be well.

SoupFly

Thanks 4consumerrights and ampersand for your quick feedback and encouragement

SoupFly seemed appropriate to my predicament. Not the end of the world, but unpleasant nonetheless. I've certainly learned more than I ever thought I would need to know about PPC tonight.


Not only has an additional £20 been added to the charge, but the letter states:

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... this figure includes an increase for debt recovery action and it is too late to pay a lower amount.

Note: If we have write to you again regarding this matter a further increase of the amount shown above will be incurred. If we have to issue Court proceedings to recover this outstanding charge, the Court may also add additional charges and costs.

---

The letter does mention keeper liability:

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If you are the registered keeper: Under Protection of Freedoms Act 2012 Schedule 4 sub paragraph (8) (ii) and you have not within the last 28 days of receipt of our last letter informed us of the name of the driver, we now have the right to recover from the keeper so much of that amount as remains unpaid.

---

Since I never received their last letter (assuming one was sent), am I deemed to have received it anyway? Does "within 28 days of receipt" really mean anything?

The parking event was on 10 December 2013 and I live in England.


Regarding appeals, the letter states:

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Appeals Procedures: In the first instance you should appeal to ourselves, via writing to the address above. Appeals should be sent within 28 days of receipt of this letter. Tickets will be placed on hold until your appeal is heard. If your appeal is rejected then you may appeal to POPLA (the independent appeals service) details of which will be sent.

---

The "Appeals" page on their website states that for an appeal to be processed it must be sent through the postal service and include:

• The parking charge issue number;
• The vehicle registration;
• Time, date and place of issue;
• Your full name and address; and
• Appellant's status (driver or keeper).

So without the place of issue they have put me in the position where if I did make an appeal it could not be processed.

I hope this answers your questions.

Do I appeal anyway, or something else?

Thanks in advance

kirkbyinfurnesslad_2

Just appeal anyway, forget location , its not important and your making to much of it.

Tell them to include a popla code if they decline your appeal, then come bk here

ampersand

Soupfly, kiflad is right, but I recognise the point you are at, when you want to show you have tried to read thoroughly before posting, unlike many.
I started similarly, not wanting helpers to think I'd been lazy, done no homework.

Stop now, step back and do a simple rebuttal tomorrow, demanding a POPLA CODE. As c-m wrote, it's just a fishing exercise, but one which they are legally obliged to provide. I'm still waiting, since 2/12, with fantasy excuses vs cold hard fact.

ref:xxxxxxx
To Whom It May Concern:

As the registered vehicle keeper, I challenge this unenforceable 'invoice', having had no prior correspondence from you.
No parking offence was committed.
You must in any case be reminded that the amount claimed is a penalty not a contractual term.
If you do not cancel it, I require the validation code for POPLA by return of post, enclosing copies of all your preceding communications, along with proof of posting dates/Post Office.
I also require you to produce your contract for the location of any alleged 'parking event', which will allow me to test whether your action is compliant with the BPA Code of Practice.
Yours faithfully, blah.
#
RD track&trace gives you a paper trail and signature capture, even though they still often deny receipt:-)
Many now use UK Mail, which lacks a postmark giving time/place of posting. Just remember, their slackness, bungles, omissions, inventions are your ammunition...but not needed yet.
I would let their sloppy p/w and omissions work in your favour, but let's hear what some of the experts say.
DON'T WORRY.
Have a chuckle before bed reading Parking prankster:
http://parking-prankster.blogspot.co.uk/

Wonderful contributors like coupon-mad, Umkomaas, Redx - just to pluck a few at random - all will come along and help you.

martmonk

kirkbyinfurnesslad wrote: »

Just appeal anyway, forget location , its not important and your making to much of it.

Tell them to include a popla code if they decline your appeal, then come bk here

But in the context of the original post it could be. There 'may' be a cloned number plate out there collecting speeding fines and now private parking tickets.

Coupon-mad

Do I appeal anyway, or something else?

Appeal anyway, usual intro as shown in the NEWBIES FAQs sticky thread examples, saying you are the registered keeper and this is your appeal, blah blah ... adding in that the letter shows no location whatsoever (attach a copy) and you have no idea even which County they are alleging the car was in, let alone an actual car park! But you have never had a Notice to Keeper or anything like it until this letter out of the blue so you require this letter from you now, to be treated as your challenge and to have your right to POPLA stage. And you have complained to the BPA and DVLA about this spurious unsupported allegation.

And send a complaint email to the BPA and DVLA - using the email addies in the NEWBIES FAQs sticky thread, attaching this vague letter and complaining that the PPC has not established reasonable cause to get your data, if they haven't stated a location, and nor have they ever sent a Notice to Keeper. Seeing as you have previously had an issue {explain the speeding thing} you can't even be sure this was ever your car and if it turns out that it was, then you are entitled to appeal and not just receive such a letter out of the blue.

If you do get the BPA to 'lean on' UKCPS to let you appeal, do it as per the NEWBIES FAQs sticky and then read up there on how to win at POPLA.

SoupFly

I was aware that UKCPS Ltd may monitor these forums so I maintained my silence until now.

It took a couple of emails and letters, but today I received a letter from UKCPS Ltd stating that my appeal has been accepted and the PCN has been cancelled.

I wanted to come back and thank everyone here who gave me advice and pointed me in the right direction.
Thank you!

Once I had read many of the comments on these forums and familiarised myself with the legislation I was much more confident in how to proceed. If I get chance tonight I'll post more details of my correspondence, which may help someone else who finds themselves in a situation similar to my own.

Nodding_Donkey

Did you ever find out where the parasites were talking about?

Coupon-mad

That's great news - do tell more!