POPLA Draft Guidance please

stevew48

uote: Originally Posted by Coupon-mad
http://s853.photobucket.com/user/ste...25ead.jpg.html

I think I cold see all of them there by clicking on 'next' each time.

What fun! One of the signs says there will be a 'penalty' notice issued and the machine says the fake PCN would be for 'contravening' the terms.

So send the template first appeal I wrote in the NEWBIES thread - no need to adapt it unless you want to add a point #4 to point out the use of the word 'penalty' and state this proves this is not a contractual fee nor a genuine pre-estimate of any loss at all - and see what drivel they send back.
Hi I have now received a further letter from ukcps saying that my appeal was rejected and I should now pay the standard rate and if not received within 14 days I would have to pay £100. I didn't appeal as it was the template letter mentioned above. Today I also received photographs showing the car with a PCN attached to the windscreen. However, when I returned to my car there was nothing on my windscreen !!!. Their picture also shows a white piece of paper on the passenger dashboard in the corner. I believe this was my parking ticket as my daughter was sat there and she got the ticket. They have sent a POPLA code and I have entered it using the link in the NEWBIES thread and it is a genuine code.
Can you please check my draft POPLA letter to see what needs ammending based on your knowledge and the photo link already uploaded in the quote above.

PCN No: xxxxxx

POPLA Code: xxxxxxxxxx

Todays Date

I am the registered keeper of vehicle reg xxx xxxx and I contend that I am not liable for the parking charge and the vehicle was not improperly parked. I wish to appeal against the notice on the following grounds.

1) Lack of BPA compliant signage
The driver entered the car park, the entrance to which had absolutely no signs to indicate that any restrictions applied, as required by the BPA Code of Practice paragraph 18.2 and Appendix B.

2) The charge is a penalty and not a genuine pre-estimate of loss
The charge demanded far exceeds any loss to the landowner. If it exceeds any loss, it becomes a penalty.

In the appeal, UKCPS did not address this issue, and has not explained whether their charge is relating to a breach of terms, or trespass, or contract (all of which are denied).

3) Lack of Proprietary Interest & non-compliant Contract with Landowner
UKCPS' lack of title or assigned interest in this land means they have no legal standing to allege trespass or loss, if that is the basis of their charge. Nor do they have the legal status at that site, which would give them any right to offer parking spaces on a contractual basis, as they are not the landowner and I have seen no evidence of a compliant contract with the landowner.

I put UKCPS to strict proof that they have a relevant, contemporaneous contract with the landowner that entitles them to pursue these charges in the courts in their own name as creditor (a requirement of the BPA Code of Practice). Any breach of the BPA Code of Practice means that 'registered keeper liability' has not been established, since full compliance is a pre-requisite of POFA 2012.

4) The Notice to Keeper was not properly issued
The Notice to Keeper is not compliant with POFA 2012 on one count.
- That, it fails to inform the keeper of the arrangements for the resolution of disputes or complaints that are available: paragraph 8(2)(g). This must include:
(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and
(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.




5) Business Rates and VAT would apply if the charges are contractual agreements for the provision of a service
UKCPS run a business in this car park for revenue and profit, and (although no signs were seen by the driver at all) I now notice that their signage appears to try to create a contractual agreement for 'services'. I put UKCPS to strict proof that Business Rates are being paid to the Local Authority Valuation Office in respect of this 'contractual parking service' business, and that they are paying VAT to HM Revenue & Customs.

I respectfully ask the POPLA assessor to consider my points and order that this charge be cancelled.

yours faithfully,



Many thanks

Stevew