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Ukpc & dr+

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Comments

  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    You do realise that UKPC has never taken anyone to court over one of these?

    Of course, that doesn't mean they never will, and in contract law they have 6 years to make up their minds about it.

    So, you need to ask yourself, who do you want to bear that small risk, you or the company? The answer to that question is the single factor determining whether you name yourself to them as the driver.

    As for what DR+ or UKPC have told you, it's a pack of lies, you can name the driver to UKPC at any time prior to the commencement of court proceedings. If you want to do so you should do so in writing (to UKPC, not DR+) and obtain a proof of posting. Be warned, though, that in the highly unlikely event of court proceedings it will then be too late for you to name yourself, it needs to be done before proceedings commence.

    You cannot re-open the appeal process because you've already received and ignored Notices to Driver (attached to your windscreen). The only advantage of naming yourself now is to shift liability from the company to yourself. Up to you to decide how important that is to you.

    As for DR+, you can write to them denying the debt, or tell them to stick it up their a**e, or completely ignore them, entirely up to you: they are toothless bottom-feeding scum with no power to do anything against anyone.
    Je suis Charlie.
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    You won't get a CCJ - only if they take the company to court and win and the company doesn't pay
  • 4consumerrights
    4consumerrights Posts: 2,002 Forumite
    edited 18 March 2014 at 6:47PM
    Letter to DRP:

    Parking Charge Notice
    Vehicle Registration Number:
    Your client: UKPC

    Dear Sirs:

    The registered keeper denies all liability to pay this parking charge and requests that the matter be referred back to your client to deal with this matter.

    The name and address of the driver for the date of this alleged breach of parking is:

    Name
    Address

    As you are aware this discharges the registered keeper under POFA 2012 schedule 4 for any liability in this matter and any further pursuance will be deemed harassment and a claim for damages will be sought.

    To avoid any confusion a copy of this letter is being forwarded to your client for their attention. Any further attempt to pursue the registered keeper in this matter will give rise to complaints being made to both the BPA and the DVLA for breaching the code of practice by which you must both abide by.

    Yours faithfully
    print name
    registered keeper
    company address.


    Send a similar letter to UKPC with a copy of the above letter and get a free certificate of posting from the PO for both.



    EDIT - CROSS POSTING OCCURRED HERE; NOTICED WINDSCREEN TICKET APPLIED - THEREFORE REWINDING CLOCK WILL NOT WORK WITH A WINDSCREEN TICKET.


    UKPC THOUGH HAVE BEEN PASSING PARKING CHARGES TO DEBT RECOVERY BEFORE ALLOWING TIME FOR THE REGISTERED KEEPER TO APPEAL



  • shredx81
    shredx81 Posts: 30 Forumite
    Thanks guys. That's really helped. Apologies to anyone I may have offended earlier. It wasn't my intention to do so.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if the DC doesnt get paid they refer it back to the PPC and that is when the PPC have to decide the next action , or not

    it is at this point that the PPC may issue court papers, or not, but have up to 6 years under the small claims procedures to do so , which is why CEL are currently hounding people for co-op cases going back up to 6 years
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    shredx81 wrote: »
    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.

    UKPC HAVEN'T SOLD THE INVOICE!!! THEY ARE LYING TO YOU!!!!! IS THAT CLEAR ENOUGH?????????
    shredx81 wrote: »
    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.

    The only way anyone could get a CCJ is if (i) UKPC brought a court claim (highly unlikely, they've never done it before) (ii) they won (a large flock of pigs just drifted past my office window) and (iii) the defendant still refused to pay.
    Je suis Charlie.
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 18 March 2014 at 6:45PM
    shredx81 wrote: »
    ....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.

    The PPC haven't really sold the debt (i don't actually think they can because it's got nothing to do with a credit agreement but don't quote me on that) UKPC are just sitting in the background while - DR+ put the frighteners on.

    If the PPC decide on court action it will be them that will initiate it not the Debt recovery firm who can't.
  • shredx81
    shredx81 Posts: 30 Forumite
    The PPC haven't really sold the debt (i don't actually think they can because it's got nothing to do with a credit agreement but don't quote me on that) UKPC are just sitting in the background while - DR+ put the frighteners on.

    If the PPC decide on court action it will be them that will initiate it not the Debt recovery firm.

    Gotcha. I feel a little more at ease now.

    Thanks '4consumerrights' above for the templates!
  • shredx81 wrote: »
    a) was this a windscreen ticket initially or an ANPR notice to keeper

    Windscreen Ticket

    Cross posting here - just noticed your answer that this was a windscreen ticket and therefore trickier to deal with naming the driver - the letter penned above will NOT work in this case to rewind the clock.
  • shredx81
    shredx81 Posts: 30 Forumite

    Cross posting here - just noticed your answer that this was a windscreen ticket and therefore trickier to deal with naming the driver - the letter penned above will NOT work in this case to rewind the clock.

    Oh. How do you think I should proceed? Is it possible to suggest that 'someone' had torn the notice from the car before the driver arrived at the vehicle & could not have known about it until the first NTK arrived?
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