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UKPS and debt recovery plus

I have been reading lots of the threads trying to see what my next step should be but I can't see anything about UKPS.

Back in November, I received a windscreen ticket from UKPS for parking on a private road that doesn't allow parking. On seeing the ticket I looked for any signs about parking and found some- they were small, posted further up the street to where I parked and facing away from the entrance to the street. I took planty of photos to show that there was insufficient signage.

I ignored the invoice, after searching for advice online. Last month I received a letter in the post asking for payment within 28 days of the date of the letter, although the letter arrived over 3 WEEKS after that date. I responded saying I wasn't going to pay and why, and included photographs. I sent this letter 2 days before their 28 day demand, so I can't be sure they received it within that period.

Today I've received a letter from debt recovery plus, saying court proceedings will be started against me if I don't pay within the next 4 days, and telling me this will affect my credit rating.

What should be my next step? My letter hasn't been acknowledged, who should I write to next? UKPS or DRP?
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Comments

  • Umkomaas
    Umkomaas Posts: 43,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to understand the stuff you are now dealing with. There is no quick fix we are going to provide, so you will need to do some reading and research to gain that understanding. The more you understand the better you will deal with your problem.

    Previously you would have been told to read a large number of recent threads, but fortunately now, Coupon-mad, one of the country's foremost experts on all things 'private parking', has put a huge amount of effort into pulling all the relevant and contemporary information together in one 'sticky thread' to give NEWBIES a one-stop reference point. This is the best online piece of advice available - period. So please do read through it; this should give you plenty of information for you to deal with the issue.

    Come back if there's anything you don't understand.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • sap789
    sap789 Posts: 10 Forumite
    What is the 29-56 days limit for?
  • Umkomaas
    Umkomaas Posts: 43,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    With a windscreen ticket the driver has 28 days to pay or launch an appeal. Should the PPC not receive that payment or appeal it can, under PoFA 2012, apply to the DVLA for the Registered Keeper's details.

    They then have from day 29 to 56 to obtain those details and serve a Notice to Keeper (NtK) on the RK - all contained in the NEWBIES sticky.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • sap789
    sap789 Posts: 10 Forumite
    I did read that in the newbies sticky, but it doesn't say what it means if I received the NtK after 56 days.
  • Umkomaas
    Umkomaas Posts: 43,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    sap789 wrote: »
    I did read that in the newbies sticky, but it doesn't say what it means if I received the NtK after 56 days.

    It doesn't therefore meet the requirements of PoFA 2012, thus the PPC has no legal recourse to the RK - but that doesn't stop them harassing the RK. Unfortunately Judges are yet to get their heads around PoFA and so you have to fight the PPC on other grounds - particularly no GPEOL, no locus standi, unclear signage.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Which means you just add the "NTK not compliant with POFA, thus no keeper liability" point as another appeal point in your POPLA appeal, whilst keeping also the usual silver bullets. :)
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    I would send a complaint to the dvla and bpa as this company has ignored your appeal, include your letter and the DR+ letter, and some images if you like. This lot do not do court, and DR+ are just useless and powerless debt collectors, despite the threats they cannot do anything. Next you will receive either a zenith letter or a gladstones one, come back for further advice.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • sap789
    sap789 Posts: 10 Forumite
    Thank you all for the advice. UKPS isn't a member of bpa unfortunately, which makes it a bit harder to know what to do.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Well they are a member of the IPC so complain there

    http://www.theipc.info/#!aos-members/cv75
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • sap789
    sap789 Posts: 10 Forumite
    I really appreciate all the replies.
    After looking at the IPC website, I can't use their appeal system as I do not have a URN, so should I complain about UKPS to them (and dvla?), or try to get a urn from UKPS?
    And should I reply to DR+ or ignore their letter?
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