Ukpc parking charge

buzzykye

This is my own vehicle not a hire/company car and it happened in England.
What should I do now? Should I send an appeal letter directly to UKPC or debt recovery Plus?

da_rule

It can't hurt to send an appeal to UKPC (identify yourself as the keeper). You could send a copy of it to Debt Recovery Plus, but they do not have to consider it. Also make it clear that you have not received a notice from UKPC, and as such you consider the the Debt letter to be your notice. And that it is not compliant either in construction or in time according to POFA. Also, look at the newbies sticky thread, there is a template letter so use this for all of the other points.

Stroma

Send a complaint into the bpa and dvla, obviously you cannot prove something you haven't had, but tell them that no NtK has been received, and you have not had the chance to appeal, or to take it popla if ukpc had rejected this.

You could still appeal to ukpc using coupon mad's template found in her sticky thread, but you obviously need to make a couple of adjustments about the NtK, though you still don't admit to driving.

If you go that route please put up what you are using here

The_Deep

Or you could do nothing, ignore it completely. Remember, it is YOUR parking space, YOU pay for it in your rent. The imposition of a parking permit could well be an infringement of your rights to "quiet enjoyment" under The Landlord an Tenant Act, a criminal offence.

I very much doubt that UKPC would wish to press this matter if they knew that they could end up in front of the Mags again.

Have you involved your Landlord? He/she could be very supportive, and even opt his property out of the permit scheme.

da_rule

I don't think ignoring it is the right way to go. We don't know whether the OP owns the property or is a tenant. If he owns the property then he may also own the space so your argument might work. But this is unlikely as the communal areas usually remain property of the freeholder , who can make the use subject to conditions. You do not need a car parking space to enjoy your flat. There may also be a term in the purchase of the leasehold that there is an obligation to comply with the freeholders terms in relation to communal areas. If the property is rented then the tenancy agreement will contain provisions to cover this.

da_rule

Also, OP you mention that the permit can be seen, highlight this fact in your appeal too. Although they will probably come back at you with you weren't displaying it in the prescribed way.

buzzykye

I don't think I should ignore it but am very unfamiliar with what I should be doing next.

I do not own the flat or have an allocated parking bay - there are numerous bays and all tenants can park as long as a permit is displayed.

I think I will send an appeal to UKPC and a copy to Debt recovery plus and see what happens from there.
I will post a copy of my appeal once typed up and will await any advice anyone can give - may thanks for all your help so far.

da_rule

That sounds like the best bet at this stage. Just use the template in the sticky thread I linked you to earlier.

As a matter of curiosity does your tenancy agreement make any reference to abiding by car parking rules/needing a permit etc?

buzzykye

no there is nothing in the tenancy agreement.
The flats are fairly new only 2 years old and the permit parking was only introduced less than 1 year ago.

buzzykye

Ok so here is the letter - using the template as advised but I added in the 1st 2 points - is this ok? should I send it by recorded post?


Dear UK PARKING CONTROL / DEBTRECOVERY PLUS

PCN number 0xxxxxxxxxxxx
As the registered keeper, I have received your parking invoice which of course,I decline your invitation to pay. I wish to invoke your appeals process, sinceall liability to your company is denied on the following basis:

1) The contravention did not occur – Parkingcharge states that “Parked in a permit space without displaying a valid permit”– untrue as seen in the photographs you have taken the permit is visible.

2) A notice to keeper has not been received

2) Theamount being claimed is not a genuine pre-estimate of loss to your company orthe landowner
3) Your signage does not comply with your ATA Code of Practice and was notsufficiently prominent to create any contract
4) You are not the landowner and do not have the standing to offer contractsnor to bring a claim for trespass


Please issue your standard cancellation letter or a specific, detailedrejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) asyour signage was not seen/accepted by the driver and your recent Notice failedto make the basis of the charge clear. As keeper, I cannot be expected to guessthe nature of the allegation.

- if alleging breach of contract, with your rejection letter I require abreakdown of the liquidated damages suffered, and by whom, and when thiscalculation was determined and how this particular 'loss' arose. Please alsoexplain how/why you charge a fixed sum no matter whether the allegedcontravention was trivial or more serious and how that can amount to a genuinepre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof ofthe liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice byreturn and explain the daily rate for parking and service provided for the fee.Failure to provide this information and a VAT invoice now that I have requestedit, will be considered evidence that this was not in fact a genuine offer topark for a fee and is merely a penalty which is not recoverable in contract law(as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the caseof Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if youpersist, will constitute harassment. If you continue, your contact and that ofany agent will be deemed a 'serious and persistent unwarranted threat' as foundby Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46(10 February 2009) and I reserve the right to take the matter further. You havebeen informed that I consider this to be harassment so any decision to sendfurther letters rather than cancel the invoice will reinforce the evidence ofyour persistent unwarranted threat and you may be required to justify youractions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver,alleging I am too late or unable to appeal as keeper or requiring more evidencewhen clearly I have already set out my full challenge for this stage, will bereported to the DVLA and to your respective ATA, as a sanctionable breach ofyour Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I mustinform you that I may claim my costs from you and my time at the court rate of£18 per hour. The expenses I may claim are not exhaustive but may include thecost of stamps, envelopes, travel expenses and legal fees as well as liquidateddamages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when Iprevail and you acknowledge and imply full understanding of the above.

Yours,