Ukcps 2nd letter

Coupon-mad

Yep they might, but the registered keeper loses nothing by trying, and if she adds the template appeal that 'no NTK was ever served' then their chances of pegging keeper liability on her later are very low, and more easy to defend.

But if the driver is named all that goes out the window.

We've seen several UKCPS letters going missing recently...

Hot_Bring

Coupon-mad wrote: »

We've seen several UKCPS letters going missing recently...

I guess they must have the same postie as Parking Eye !

Stroma

Coupon-mad wrote: »

We've seen several UKCPS letters going missing recently...

We've seen lots of different parking companies NtK gone astray, and appeal letters ignored lately, like no shows at Popla this is a concerted effort by them, I bet they had a few meetings behind closed to doors to see how they can scam better.

Feduo82

Thanks for all your replies. So if I fail in attaining a popla hearing can I then advise them of the driver and go through the process again?

Here's my rough draft of the appeal sorry for the clunky language;

UKCPS LTD
1200 century way
Thorpe park Colton
Leeds
Ls15 8za

Dear ukcps,

PCN number xxxxxxx
I have recently recieved your notification letter which states that it has been 28 days since you last wrote to me, this is erroneous since I have not recieved any correspondence from ukcps. On further investigation I believe I should have recieved a notice to keeper letter and in not doing so you are contravening your own industries working standards and as such I feel it's within my own interests that should you continue to harass me, I should report you to the dvla and other relevant authorities.
As the registered Keeper of course I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass
4) (should I state any mitigating circumstances here that I may want to bring up in a popla case?)
Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

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

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

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

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return 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 requested it, will be considered evidence that this was not in fact a genuine offer to park 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 case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by 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 have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions 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 evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform 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 the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

da_rule

Point 4 - Mitigation. If you have any then you could raise it with the PPC (they'll probably ignore it anyway). POPLA cannot and do not consider mitigation so you will not be putting it the the appeal to them.

Throw in another point that they have not complied with the POFA and BPA Code of Practice in that you have not received a notice to the keeper.

Feduo82

Just an update. I received a letter today from ukcps stating that they had decided to cancel the charge. No reasons specified.

I was fully expecting to have to take it to popla so it's a nice surprise, my only thoughts are that in missing out the first letter it gave me more leverage. All I changed from the above is point 4 where I stated as da_rule said that popla and bpa code of practice hadn't been adhered to.

Cheers for the help all

Stroma

Well done to you

lescm19

They probably realised they weren't going to be able to mug you off after sending in a properly worded appeal!
Result!