Ukpc & dr+

da_rule

The advice Storma has given is quite clear, your options are:

1) Do nothing and await legal documentation from Gladestones, then a LBC then a County Court Claim Form.
2) Pay the outstanding amount.
3) Name yourself as the driver, this should reset the clock and you can then appeal in the way set out in the Newbie sticky thread.

I have spent about 10 minutes going through this thread and cannot see how anyone could have made your options any clearer.

shredx81

Thanks to ColliesCarer & Coupon Mad. Your help is appreciated.

ColliesCarer

I don't appreciate being thanked when it's used as a way to have a pop at others who have all done their best to help you.

I gave you the information I did because I strongly suspected that when you said

shredx81 wrote: »

So beyond my company receiving a barrage of threatening letters ....

it should have read "MY Company" and that's the reason you felt confident of making the following remark

shredx81 wrote: »

....threatening letters which 'they' will continue to ignore (at my leisure)......

If that's the way you want to run YOUR business then that's up to you.

Other advice given, i.e. for the driver to be named, was entirely appropriate for someone who was an employee to avoid the possibility their employer would either pay the demand or receive small claims court papers.

So please don't insult people who tried their best to help you and gave their time for free when the reason you may not have found the advice relevant to your circumstances was because you were being less than forthcoming about the true situation.

bod1467

Note that in this instance (as there were windscreen tickets), naming the driver simply moves the IGNORE stage from Company to Driver. There will be NO appeal process available, as the driver missed that opportunity at windscreen ticket stage.

As it is apparently your company (or you are company secretary or similar) then IGNORE at the Company level is probably OK.

shredx81

I've been in touch with several bodies, namely the government ombudsman, citizens advice & the British parking association with little success. The debt collection company state that any ability to appeal, name driver or request popla number has now passed.

Hot_Bring

shredx81 wrote: »

I've been in touch with several bodies, namely the government ombudsman, citizens advice & the British parking association with little success. The debt collection company state that any ability to appeal, name driver or request popla number has now passed.

They are lying. The RK can name the driver at any point ( read POFA if you don;t believe me ).

So all you need to do is get your company to name you as the driver and then you can appeal.

You claim to be a senior manager - if so how on earth have you believed the BPA and the DCA without spotting they have a vested interest in you parting with money ?

4consumerrights

Shredx81

a) was this a windscreen ticket initially or an ANPR notice to keeper -

b) confirm that this event took place in England or Wales and that the company is also registered in England or Wales.

c) UKPC or the landowner have up to 6 years to commence legal proceedings. UKPC have not done court todate - but past performance is no guarantee of future events - especially as PPCs profits are being hit by POPLA wins and counterclaims in the offing.

d) Are you confident you will be involved in the company to intercept post for that long?

e) Naming the driver would be the simplest and quickest way to divest this problem and UKPC are easy to beat at POPLA even as a driver.

f) Why not contact the retailer/landowner whoever engaged the mismanagement of UKPC to complain and get this charge cancelled.

The RK can name the driver at any point upto court papers and indeed some judges are even ordering POPLA to deal with the matter.

shredx81

a) was this a windscreen ticket initially or an ANPR notice to keeper

Windscreen Ticket

b) confirm that this event took place in England or Wales and that the company is also registered in England or Wales.

England

c) UKPC or the landowner have up to 6 years to commence legal proceedings. UKPC have not done court todate - but past performance is no guarantee of future events - especially as PPCs profits are being hit by POPLA wins and counterclaims in the offing.

Noted

d) Are you confident you will be involved in the company to intercept post for that long?

I believe so.

e) Naming the driver would be the simplest and quickest way to
divest this problem and UKPC are easy to beat at POPLA even as a driver.

Noted

f) Why not contact the retailer/landowner whoever engaged the mismanagement of UKPC to complain and get this charge cancelled.[/QUOTE]

I spoke to the developer & their site management company who employ UKPC to patrol the development. They were very unhelpful though I do understand that it's not in their interest to support my contest

ColliesCarer

shredx81 wrote: »

......The debt collection company state that any ability to appeal, name driver or request popla number has now passed.

Errrr well they would wouldn't they? They are a debt collection company - why would they say there were any other avenues?

To sum up the situation
- The Registered Keeper is YOUR company
- two windscreen tickets were issued by UKPC which were ignored
- PCN's were later sent to the company as REg. Keeper which were ignored
- DR+ letters are now being received by the company as reg keeper which are being ignored
- you do not wish to name the driver and prefer to continue to deal with the mail that comes to the registered keeper but are concerned about the potential consequences of continuing to ignore
- you want to know what else could happen and whether there is still any chance of appealing/ POPLA

So to re-iterate
- DR+ letters can be ignored
- Both the RK and the Driver have lost any automatic rights to appeal and to get a POPLA code, however it is still possible that you could wrestle this back and obtain POPLA codes (whatever you have been told) and if you read NEWBIES thread post #4 as you have been advised to do a number of times you would have found cases in which people have been successful in doing this even after Letters Before Court were received. But this would take time and effort with no guarantee of success and it is probably only worth the effort against companies that are likely to issue court proceedings.

- UKPC do not tend to sue
- As it currently stands the RK will receive a LBCCC or court papers if they decide to sue
- they have 6 years from the dates of the alleged event to decide

So your options

1/ Do nothing - i.e. Continue to ignore (until a LBCCC or court papers arrive) with letters going to the RK

2/ Name the driver to remove RK liability (this can be done anytime before court proceedings whatever you have been told) and then continue to ignore (until a LBCCC or court papers arrive)

3/ Try to wrestle a POPLA code either as RK or driver and if successful appeal these charges to get them cancelled

4/ Pay

If/when they decide to sue your options will be to pay or fight it.

I don't think there is anything else to add

shredx81

ColliesCarer wrote: »

Errrr well they would wouldn't they? They are a debt collection company - why would they say there were any other avenues?

To sum up the situation
- The Registered Keeper is YOUR company
- two windscreen tickets were issued by UKPC which were ignored
- PCN's were later sent to the company as REg. Keeper which were ignored
- DR+ letters are now being received by the company as reg keeper which are being ignored
- you do not wish to name the driver and prefer to continue to deal with the mail that comes to the registered keeper but are concerned about the potential consequences of continuing to ignore
- you want to know what else could happen and whether there is still any chance of appealing/ POPLA

So to re-iterate
- DR+ letters can be ignored
- Both the RK and the Driver have lost any automatic rights to appeal and to get a POPLA code, however it is still possible that you could wrestle this back and obtain POPLA codes (whatever you have been told) and if you read NEWBIES thread post #4 as you have been advised to do a number of times you would have found cases in which people have been successful in doing this even after Letters Before Court were received. But this would take time and effort with no guarantee of success and it is probably only worth the effort against companies that are likely to issue court proceedings.

- UKPC do not tend to sue
- As it currently stands the RK will receive a LBCCC or court papers if they decide to sue
- they have 6 years from the dates of the alleged event to decide

So your options

1/ Do nothing - i.e. Continue to ignore (until a LBCCC or court papers arrive) with letters going to the RK

2/ Name the driver to remove RK liability (this can be done anytime before court proceedings whatever you have been told) and then continue to ignore (until a LBCCC or court papers arrive)

3/ Try to wrestle a POPLA code either as RK or driver and if successful appeal these charges to get them cancelled

4/ Pay

If/when they decide to sue your options will be to pay or fight it.

I don't think there is anything else to add

Thanks. That's fairly comprehensive. I guess what is difficult to understand is that the PPC appear to have no more involvement once they sell the invoice to a DC. I wasn't sure how it was possible to ignore the DC correspondence & still potentially be taken to court by the PPC...as they appear to no longer have any involvement.

I'll speak with my director. A CCJ is obviously something that we do not want on record, so it's about understanding at what point the invoice must be paid to prohibit that from happening.