Ukpc parking charge

bod1467

Do NOT send recorded - there's no need to. If sending by post, get a certificate of posting from the PO - that's all you need.

Coupon-mad

You just need to renumber it so it reads 1 - 5. Fine to send apart from that!

buzzykye

Morning All - So I returned home from work on Friday to a letter from Debt Recovery Plus which reads as follows:

Dear Ms Buzzykye
About Your Parking Charge
Thank you for your Recent communication regarding the above parking charge notice (PCN)
Firstly, by responding I write to confirm this firm does not accept or wish to enter into any form of contract nor do we accept your charges of £18.00 per hour.

I would also draw your attention to the following case where such a claim was rejected in court: www.debtrecoveryplus.co.uk/news/detail.php?Another-successful-Court-date-for-DRPL-14

As per the British Parking Associations (BPA) Code of Practice, point 22.7 the driver/keeper/hirer was allowed 28 days from the date the PCN was issued and 28 days from the date the Notice to Keeper was sent to challenge the PCN. This time to challenge the charge has now expired and therefore access to the Independent Appeals Service (POPLA) is no longer available.
However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable in full.

My Findings
The site in question is subject to terms and conditions, which are stated on signs throughout the area. The signage on site is sufficient and is in line with the guidelines laid down by the British Parking Association (BPA)
As these terms were breached on 1st January 2014 (no valid permit clearly & correctly displayed) a PCN was correctly and legitimately issued.

Correspondence
Please note that a PCN was placed on the vehicle for notification purposes. Without evidence to the contrary, I must assume that, on balance of probabilities, that this PCN was duly received.

Further correspondence was sent to the vehicles registered address for notification purposes. If there has been a problem regarding the delivery of this document, this is a matter to raise with your postal service.

Under the Protection of Freedoms Act 2012, Schedule 4, conditions that must be met for purposes of Paragraph 4:
S (8) (6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so "given" for the purposes of sub-paragraph (4)) on the second working after the day on which it is posted: and for this purpose "working day" means any day other than a Saturday, Sunday or a public holiday in England and Wales.

In light of the above while I appreciate that you can claim not to have received any correspondence, under the Protection of Freedoms Act 2012, such is, without evidence of the contrary, presumed delivered.

What to do now
Please pay £160.00 by 1st April 2014. You can pay online or by phone. Go to www.debtrecoveryplus.co.uk OR PHONE 0844 561 0965. You can find full details of how to pay on the reverse of the letter(s) sent.

What will happen if you do not pay what you owe
If you do not pay the full amount by the date shown above, I will pass your case to our legal team, who will consider taking legal action to recover what is due.

What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained I cannot guarantee that we will reply to it.

Yours sincerely

Ian Grantham
Collections Manager

buzzykye

Am I really too late to appeal as advised in the letter I received? Will I now have to pay £160.00?

trisontana

Of course you do not have to pay that money. Just ask yourself, have you caused losses of £160 to that company because of your actions? Of course you have not.

buzzykye

can I still appeal?

The_Deep

As I said before, and was taken to task by the Popla junkies, ignore it. You have far more right to park there, with or without a permit, than they have to demand even one penny for an alleged breach of their so called T & C.

This is the company who were prosecuted by Hull Trading Standards in September 2011 on 16 counts of breaching consumer legislation. Unfortunately, they lost most of them, but thought it important enough to spend £61,000 of Council Taxpayers' money on a criminal prosecution.

UKPC have never taken anyone to court, it is hardly likely therefore that their debut would be with a case so problematic for them as yours.

Waste no further time on them, as cowboys go, they would have difficulty in saddling a horse.

Read this and chuckle

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

4consumerrights

aggh,!

IMHO I wouldn't have sent those initial letters in this case!


UKPC have current form of going straight to debt recovery plus especially where parking permits at own flats are concerned.

I assisted this OP off forum and got two charges back and cancelled

https://forums.moneysavingexpert.com/discussion/4818110

If you would like to pm me an email address and I'll help you deal with this off forum if you want.

EDIT: I do have a suitable response I can think of to their reply to you!

buzzykye

4consumerrights wrote: »

aggh,!

IMHO I wouldn't have sent those initial letters in this case!


UKPC have current form of going straight to debt recovery plus especially where parking permits at own flats are concerned.

I assisted this OP off forum and got two charges back and cancelled

https://forums.moneysavingexpert.com/discussion/4818110

If you would like to pm me an email address and I'll help you deal with this off forum if you want.

EDIT: I do have a suitable response I can think of to their reply to you!

Thanks Consumer Rights I have PM'd you as im not sure what I should be doing next - any help will be greatly appreciated.

buzzykye

Ok so its been a whiles since I have posted anything - I received 2 letters on 04/03/14 saying that if I didn't pay the £160 within a set time I would be taken to court, then on Friday I received the following from DRP (Debt Recovery Plus)


Dear Mrs Buzzykye


Reduced Payment Offer to avoid Court proceedings £128.00

We refer to our letter dated 04/03/14. As we did not receive payment from you, we referred your case to the creditor with the recommendation that they appoint their solicitor to commence court proceedings against you.


In order to comply with all aspects of 'Pre-action protocol' and to demonstrate attempts to settle this matter before the need for court proceedings, our client is prepared to accept a reduced payment of £128.00 in full and final settlement.


To take up this offer, you need to pay no later than 07/05/14. You can pay online or by phone. Go to www.debtrecoveryplus.co.uk OR PHONE 0844 561 0965. You can find full details of how to pay on the back of this letter. If you are having difficulty paying, please phone our payment helpline on 0844 561 0965 to discuss payment options.


What if you don't pay the reduced amount
This is our clients final offer before they pass the case to their solicitor.


If you do not pay the reduced amount by 07/05/14 or you have not agreed a payment option with us by then, the amount due will go back to the full amount of £160.00 and the matter will be referred to their solicitor to consider court proceedings.


Please note that if you are liable for this charge (please see overleaf for details) and the court orders you to pay the parking charge, we will seek to recover the following amounts from you as well as the parking charge:
Court Fee £25.00
Solicitors Costs £50.00
Interest of 8% per annum


A court judgement against you could seriously affect your ability to obtain credit in the future.


When you contact us please quote reference No 638XXX


Your Sincerely


Anne Stone
Litigation Manager


Can anyone please advise as to my next move?


Thanks