Ukcps pcn

Badgey

Hello all,

I would like to apologise in advanced if this has been dealt with elsewhere but I cannot find help with my query.

I received a PCN from UKCPS on Monday evening for what I believe to be a ridiculous reason. The block of flats where I live all have allocated parking, all with clear signs specifying UKCPS and a fine of £60-£100 if someone parks there without the appropriate pass, there are many of the signs posted at a decent height which you can't miss. I have an allocated space.

In front of the sales office at the side of my building there is a small courtyard, you can access this courtyard off the drive to the other building and you are blocking nobody from access by parking there. This courtyard is next to the pedestrian gate and used by people all the time for quick stops and picking people up; it appears to belong to the sales office.

My car was parked there there on Monday evening for around 10 minutes while I nipped up to my flat to put my shopping away, when I came down I had a ticket on my windscreen. It was 19:56, and dark. It wasn;t until I recived this ticket that I saw a small silver sign on the wall next to the courtyard, barely visable in the dark and not illumintaed, it reads:

"SALES OFFICE VISITOR PARKING ONLY

Reserved for (development name) patrons and only available during office hours.

If you park in this area without prior consent from the sales team (and receipt of a visitors permit) you may be fined or blocked in when the bollards are raised in the evening.

The bollards have never been raised but that is beside the point; I was unaware of this sign until after I received my ticket and I am a patron of the development.

How does my case look? I feel that a £60-100 fine for parking outside my own flat for 10 minutes is frankly scandalous. I know I have a space and I know I should've parked there, but I genuinely didn't think I was doing anything wrong.

I should point out that I am not the registered keeper of the car, which is also causing confusion with regards to my eventual POPLA appeal.

Any help will be appreciated, cheers guys!

pogofish

The help you need is as near as the Forum Stickies - Start by reading this thread well:

https://forums.moneysavingexpert.com/discussion/4816822

Then post-up the bones of your challenge/POPLA appeal for more help when you have them together.

You may also want to have a look at all the other UKCPS threads, which should demonstrate the quality of advice in that thread - but confine yourself to the ones from the last few months - 3-6 month maximum as older threads may contain outdated/superceeded advice.

Also check you deeds/tenancy agreement - if the space is covered in them, then the right of Quiet Enjoyment applies and you can instruct UKCPS/your Managing Agent to stop predating on your space forthwith.

bod1467

^^^^^^^ +1

Stroma

Have you actually appealed to them yet? You can't go to popla until you've exhausted their procedures and they have actually rejected your appeal, and provided you with a popla code.

SevenTowers

Don't make the Newbie error of thinking that the circumstances that led to you being issued with this speculative invoice being posted on your car make any difference whatsoever, it's a scam invoice, and can be defeated at POPLA, end of.

As you're not the RK of the vehicle, you need to appeal immediately, naming yourself as driver. When they reject your appeal come back here to have your POPLA appeal rejected before submitting it.

Just read the Newbies thread and follow the directions given.

Finally, did the sign really say the word "fine" or "fined"? If so can you post a photo?

Badgey

I have not appealed yet but I plan to in the next few days after seeking advice and reading up on the subject; I know I can't appeal to POPLA yet but I expect I will have to as it sounds like they will inevitably reject my appeal.

The sign said "you may be fined or blocked in".

This is what concerns me, while I do not believe I deserve the fine, or INVOICE as it effectively is, the sign DOES warn me of this outcome. Granted I didn't know this. Will this not affect my claim with POPLA?

I know I have them on pre-estimate of loss as the space is free at all times, they lost NO money on me being there for 10 minutes.

Thanks for such a quick response guys!

ColliesCarer

Is it a lease car or just registered to a family member etc
If a lease car - then yes appeal to the ticket naming yourself as driver to avoid the possibility of a NtK going to the lease/hire company who might then pay it.
But if it's just a family member etc speak to them about handling this and wait for the NtK - appealing as keeper has some advantages at POPLA stage - you can always offer to do all the paperwork for them to send in.

Also take a photo of the notice saying fine - private parking companies are not allowed to fine - it's illegal - only the police and councils can issue fines.

bod1467

Blocking in is also illegal - it's the equivalent to clamping.

Badgey

A parent is the registered keeper of the car, does this mean they will have to make the appeal and the driver prepares all the relevant documents?

I have a picture of the sign, it says exactly what I said in my initial post, you can't actually see them at night if you don't know they're there either.

Coupon-mad

Badgey wrote: »

The sign said "you may be fined or blocked in".

So the sign you are worried about mentions a lie (private firms or individuals cannot fine others) and a criminal offence (as others have said, blocking in is illegal and has been since Oct 2012). So stop worrying about a sign which in fact is so misleading that it could help your case for appeal - although the keeper will more likely win on 'no GPEOL' as an appeal point in the end. Read the NEWBIES sticky to suss out the acronyms used on here - you'll soon see this for what it is.

Yes it is best if the appeal is done with the keeper's name at the bottom of the letter, in response to the NTK which will arrive in April(ish).

Just tell the keeper that they will get some stupid letters from UKCPS threatening that the sky is falling in and all sorts of drivel making it look like the charge is a fine. But the keeper should simply hand the letter straight to you each time because you need the NTK to appeal as keeper, and then you need the rejection letter & POPLA code to win the appeal in the end (and you may have to demand the POPLA code with another letter if UKPCs don't cough it up straight away). It is not a fine, this will not affect the reg keeper's credit rating nor result in a CCJ nor can anyone send the boys round. This is easy to beat with two simple appeal templates once the first stupid letter arrives.

Your case is the same as all the others on here. Read any threads about ANY circumstances, any PPC, and you'll see people are told to wait for the NTK and send the template appeal from the NEWBIES thread.

We win 100% of POPLA appeals and so will you if you use our templates for the 2 stages.

Don't reply to any pm from a poster who is not a trusted regular on this forum - UKCPS have allegedly frequented this forum and pm'd people offering to help & asking for more details. We need no more details except a picture of the signs on site which would help your POPLA case too and will help us see what's what.

lescm19

UKCPS can only apply for the RK's details from the DVLA on day 29 from when the invoice was so rudely plastered on the car windscreen, so ask the RK to note when the NTK turns up in case they apply for details early and infringe POFA time limits.