Pofa 2012

emilycharlotte

Hey, I've just been reading the post for newbies and got stuck on this part:

If they are a firm which alleges 'keeper liability' under the POFA 2012 (they don't have to) the Notice has to arrive by day 15 if there was no windscreen ticket, and between day 29 and day 56 if there was a windscreen ticket. Some firms (e.g. Civil Enforcement, Smart Parking and some small PPCs) don't even bother with POFA2012 so the keeper is not liable - obviously the keeper is the only person identified in your appeal then!


My parking charge is from the UKCPS- I didn't receive a windscreen notice. I got a letter through the post a few days ago.
The date I parked 'wrongfully' was the 25/03/14. the letter they sent is dated 10/04/14 (16 days later- but I did not receive until around 12/04/14- 18 days later)


My question therefore is:
Am I right in thinking that they are too late and keeper is not liable?
The letter states: "We UKCPS LTD, are required by law to inform you under schedule 4 of the "Protection of Freedom Act 2012 sub paragraph (1), a 7,(2) a, b, c, d, e and f........."


If so, should I use the template provided and add this in as an extra factor?


Any help would be much appreciated!
Thanks in advance! Xx

Stroma

You should still appeal with the standard appeal, but add this

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

And leave it at that

emilycharlotte

When I read POFA 2012 I can't find anything that says:


"the Notice has to arrive by day 15 if there was no windscreen ticket, and between day 29 and day 56 if there was a windscreen ticket".


Does anyone have any idea where this information could be found as I would like to be more specific in my appeal?


Thanks x

da_rule

Paragraphs 6-9 of Schedule 4 give you all of the information.

There are references to Notices To Keeper (self explanatory) and Notice to Driver (which is what this forum usually calls a windscreen ticket).

emilycharlotte

da_rule wrote: »

Paragraphs 6-9 of Schedule 4 give you all of the information.

There are references to Notices To Keeper (self explanatory) and Notice to Driver (which is what this forum usually calls a windscreen ticket).

Ahh thankyou so much. I've just read through the Act and found it in Paragraph 9 (5). I don't want to give them a chance to reject my appeal so just finding everything I can.


Thanks again x

da_rule

emilycharlotte wrote: »

I don't want to give them a chance to reject my appeal so just finding everything I can.

I can 99.9% (that's a conservative estimate) guarantee that UKPC will reject your appeal regardless of what you put in it. Why would they essentially say "oh ok don't pay us then"?

The idea of the initial appeal is to get a POPLA code. POPLA is very easy to win, as you are no doubt aware, as you seem to have actually read the Newbies sticky thread (which a surprising number of people don't bother doing).

Umkomaas

da_rule wrote: »

I can 99.9% (that's a conservative estimate) guarantee that UKPC will reject your appeal regardless of what you put in it. Why would they essentially say "oh ok don't pay us then"?

The idea of the initial appeal is to get a POPLA code. POPLA is very easy to win, as you are no doubt aware, as you seem to have actually read the Newbies sticky thread (which a surprising number of people don't bother doing).

A rare bird indeed!

Well done OP on being so self-reliant and using the information that the forum (especially Coupon-mad) has put into the NEWBIES sticky.

We'll see you through this, but I expect you won't need too much handholding.

emilycharlotte

da_rule wrote: »

I can 99.9% (that's a conservative estimate) guarantee that UKPC will reject your appeal






Well hopefully 'UKCPS' won't be as mean as 'UKPC' (whoever they are) ;-)
I don't expect them to roll over but it's worth a try to save relentless correspondence ;-)


Here is my reponse:




Dear UKCPS Ltd,

As the registered keeper of ______ I'm in receipt of your parking invoice _____ dated ______. I wish to invoke your appeals process as all liability to your company is denied on the following basis:

• The Notice to Keeper does not comply with the Protection of Freedoms Act 2012 Schedule 4, Subparagraph 9 (4)-(5) because the letter was not received (let alone sent) within the relevant period.
  
• The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner. I would like to bring UKCPSs’ attention to the recent case involving your company of UKCPS v Gaskell, Matter Number: 3QZ55265, County Court (dated 17/04/14) and Judge Dawson’s decision in that case: "it is difficult to see how high a figure as £100 (or,indeed, any figure) can be a genuine pre-estimate of loss."
  
  
• Your signage does not comply with the BPA Code of Practice
  
• You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass
  
  These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.
  
  If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.
  
  Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.
  

Kind regards,

Hope this sounds alright? I don't think I missed anything off.


Thanks ;-) x

da_rule

Looks good and ready to go. If you're going to post then get a free proof of postage from the Post Office.

emilycharlotte

I certainly will do, don't worry.
And thanks for all your help.. I'll post their reply. xx

Stroma

I would advise you too use the coupon mad template, that is a mix of my old wording and stuff you've added. It will do the job of course but you are trying to get them to cancel straightaway