Ignored UKPC and just received DRP letter. Advice needed

gourmetguy

Hi guys

I have read the newby thread and understand some things, but I am not very good with stuff like this or legalities.

Here is my predicament:

I parked at the Moorgate ion 25th of Jan and after nipping across the road for an hour I returned to find the "left site" fine on my windshield.
I did honestly intend to go into the shops on site but got worried and left immediately.
There was no signage that I could see stating about leaving site.
After re-visiting the site I found the sign with the smallest print possible. The leaving site notice cannot be legal!

I unfortunately chose the ignore tactic as I read out of date advice and have now just received the debt recovery plus letter after the others.

As this is past the appeal period from what I read I have a few options:

1. Continue to ignore and they will most likely stop.
2. Send a letter to UKPC appealing and asking for a POPLA, and send a Cease letter to DRP.

There does not appear to be a way to send an appeal email as there is no address for either company.

any advice would be greatly appreciated.

If anyone recommends 2, can you point me in the direction of a decent template that fits this case.

kind regards
Graham

da_rule

Read the 'So you think you've left too late to appeal' section of the newbie sticky thread. You can try to appeal to UKPC using the template on the sticky thread.

Also, tag someonething onto the bottom of it, along the lines of "I am recieving correspondence from DRP which I will not be responding to. As they are your agents, so you are jointly and severely liable for their actions, I am informing you that should I receive any further correspondence from them I will consider this to be harrassment and I reserve the right to take legal action against you for this.
By requesting a POPLA code (should you reject my appeal) I am giving you an opportunity to enter into an approved form of Alternative Dispute Resolution as well as to mitigate and reduce any further costs to yourself. Should you not take this opportunity to enter into ADR which may enable this matter to be settled without resorting to Court then I will raise this with the Court who will no doubt find that you have not complied with the Civil Provedure Rules, most notably, Rule 1.4(e)."

I hope this helps. I would wait for some more feedback/comments before you go steaming into anything.

da_rule

Also, UKPC are one of the least litigious (i.e. least likely to take you to court) parking companies. So you would probably get away with doing nothing. Although they do have 6 years to bring a claim. So I'm torn between telling you to ignore it (which would probably be safe) or to pro-active in trying to get it cancelled.

gourmetguy

Thanks da-rule
I almost dont feel like giving them the time of day since their signposting is deliberately bad.
But like you say they have 6 years.
I will have a drink onit and decide

ColliesCarer

I agree with da_rule's advice.

You've nothing to lose by trying the late appeal route to get a POPLA code from them and if you succeed then with forum help to draft your POPLA you can get this done and dusted.

If that doesn't succeed you can always use the ignore option later.

As da_rule says this is a ppc that doesn't do court but if you decide to go the ignore route keep a look out for either a Letter before court (LBCCC) coming from either the PPC themselves, or a solicitor acting for them, or County Court papers - and if you get either of those come back to the forum for advice.
Don't worry about letters from Debt recovery firms threatening to take you to court - they aren't worth the paper they are written on - they can't.

ezerscrooge

May be worth putting a complaint in to the owners of the site, the Charities Property Fund - [EMAIL="cpf@cordeasavills.com"]cpf@cordeasavills.com[/EMAIL]

It's not very charitable for them to have UKPC bashing people with unenforceable charges for nipping off site. I've noticed the UKPC lot are hunting in a pack of 3 lately - must be a rich seam they've tapped into since adding the 'leaving site' element to the signs.

Coupon-mad

gourmetguy wrote: »

Thanks da-rule
I almost dont feel like giving them the time of day since their signposting is deliberately bad.
But like you say they have 6 years.
I will have a drink onit and decide

The thread you first posted on, by doccer, has just been updated that UKPC cancelled when they saw the standard first appeal wording from the NEWBIES thread.

gourmetguy

:mad: Just to reiterate how bad the signage is:
Spot the part about leaving the site. You may need to zoom in.
They have the cheek to say it is clear signage! it is criminal!

s27.postimg.org/4arftbogj/DSC_0567.jpg

gourmetguy

How is this?

Dear Sir
Ref ****
I wish to Appeal this notice and refer you to the consequences of Halsey v Milton Keynes General NHS Trust if you refuse to consider an application outside your normal deadline.
1 There was inadequate signage about a penalty for leaving the site
2 The amount you claim does not represent a genuine pre-estimate of any loss
If you do not accept this appeal, I require the validation code to refer the matter to POPLA
I will require you to produce the contract that you claim has resulted in a payment of £100 by you to the land-owner.

Furthermore I would like to add that I am receiving correspondence from Debt Recovery Plus which I will not be responding to.
As they are your agents, you are jointly and severely liable for their actions, I am informing you that should I receive any further correspondence from them I will consider this to be harassment and I reserve the right to take legal action against you for this.

By requesting a POPLA code (should you reject my appeal) I am giving you an opportunity to enter into an approved form of Alternative Dispute Resolution as well as to mitigate and reduce any further costs to yourself.
Should you not take this opportunity to enter into ADR which may enable this matter to be settled without resorting to Court then I will raise this with the Court who will no doubt find that you have not complied with the Civil Procedure Rules, most notably, Rule 1.4(e)."


Yours faithfully
Graham

Umkomaas

Furthermore I would like to add that I am receiving correspondence from Debt Recovery Plus which I will not be responding to.
As they are your agents, you are jointly and severely liable for their actions, I am informing you that should I receive any further correspondence from them I will consider this to be harassment and I reserve the right to take legal action against you for this.

It's severally

bod1467

Well, the liability could be quite severe.