confused? disabled parking fine (ukcps)

nubie1

Hi all im just wondering if i need to do anything different to following them templates on appeals?

My situation..
I recived a letter this morning from ukcps stating that i had to pay £100 because the reduced rate of £60 had not been payed?

I had not recived any letter and they did not put anything on my windscreen at the time of said offence.

my car was in a disabled space i do have a badge but not displayed in front window it was stuck in side window.
My niece was in the back of the car with my two kids.
And she said a man came over took a pic of my car and the car next to me and walked off..
So im just after a bit of advice please
And thank you in advance:) and sorry if ive put this in wrong place ive never posted before

Aaron_Aadvark

First - Don't panic.

Second - It's not a fine.

Third - look at the sticky at the top of this board. It will explain in detail why this ticket cannot be enforced.

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

Once you have understood how to appeal and get the ticket cancelled, or get a POPLA code, come back here to get your appeal checked.

ps It's NOT a fine. Private companies cannot fine anybody.

nubie1

How do I find out if ukcps comply to pofa 2012 keeper liability
Because there was no windscreen ticket and its been over a month till I got this letter.
I did phone thm and they said there should have been one but my niece was in the car and she said he never put anything on just took a pic and walked away..should I ask for a copy of the pic?

Stroma

Don't worry about the compliance with keeper liability and pofa 2012. Trust us they always fail it none of the companies comply. Just appeal using the template letter in the thread linked above

nubie1

sorry just a bit unsure. so just afew points

1. will it not matter if i never got a ticket on my windscreen and it was over month to get the letter through the door?

2. do i have to ask for the popla code in this letter??

3. it dont matter if it was a disabled bay or not i just send them this....?


Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which 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

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.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,



{the registered keeper's name} NO NEED TO USE A REAL SIGNATURE
...........................................................................


ps i have been looking and reading about this but just getting confused as hell so sorry yall ..ps thanks for your replies

da_rule

You could add the following points

4) The Notice to Keeper does not comply with the Protection of Freedoms Act 2012.

The Notice to Keeper was not received until XX days after the parking event. This is in excess of the 14 days required to establish registered keeper liability under Schedule 4 of the Protection of Freedoms Act 2012.


In relation to the blue badge situation, there are points that can be made under the Disability Discrimination Act/Equality Act but these can be expanded on further at POPLA if required.

Stroma

In short

1) no
2) no
3) yes

That is it, send it off with a free proof of postage from the post office

nubie1

Thanks for your help i really wouldn't have known what to do

Stroma

Most people are in the same position when they come here, it's a bit a of learning curve this malarkey, but if it happens again you know what to do.

Umkomaas

da_rule wrote: »

You could add the following points

4) The Notice to Keeper does not comply with the Protection of Freedoms Act 2012.

The Notice to Keeper was not received until XX days after the parking event. This is in excess of the 14 days required to establish registered keeper liability under Schedule 4 of the Protection of Freedoms Act 2012.


In relation to the blue badge situation, there are points that can be made under the Disability Discrimination Act/Equality Act but these can be expanded on further at POPLA if required.

If this was a windscreen ticket situation (even though the OP says none was attached to the windscreen) then getting the NtK a month later would fit in with the prescribed PoFA timescale.

da_rule

Umkomaas wrote: »

If this was a windscreen ticket situation (even though the OP says none was attached to the windscreen) then getting the NtK a month later would fit in with the prescribed PoFA timescale.

Yeah, agreed, I'm just going off of what the OP has said.