Pofa 2012

emilycharlotte

How about:


Dear UKCPS Ltd,


As the registered keeper of _____ I have received your parking invoice ____ dated _____. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

• The Notice to Keeper does not comply with the the Protection of Freedoms Act 2012 Schedule 4, subparagraph (4)-(5) as 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 draw your attention to a recent case involving your company; matter number: 3QZ55265 UKCPS v Gaskell CC. Quoting Judge Dawson: “it is difficult to see how high a figure as £100 (or, indeed, any figure) can be a genuine pre-estimate of loss.” Judgement on behalf of the defendant.
  
  
• Your signage does not comply with your BPA Code of Practice.
  
• 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 BPA, as a sanctionable breach of your Code of Practice. The BPA recently issued guidance to all members to remind them that such communication may be deemed harassment and pursued accordingly.
  
  (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.
  
  Kind regards,

ColliesCarer

yep that's the one -get it sent off (if posting send from Post office - ask for free cert of posting )

When/if you get a rejection letter come back on (or we would advise while you're waiting for the response) read NEWBIES thread post #3 and links for how to win at the next stage - which is the POPLA appeal which, by following the advice here, you will win and get this cancelled.

p.s. UKCPS sometimes claim the charge is for breach of contract and sometimes they claim it was contractually agreed sum - pictures of the signage and the words used in the Notice to Keeper/rejection letter will help us to advise you which they are using in your case as the latter needs different wording than most examples you will find. So when you get to the POPLA stage it would be useful if you could post up some pics using broken links (leave off the http:// bit ) because as a NEWBIE you won't be able to post up direct ones

Coupon-mad

UKCPS are much nastier than UKPC and read this forum. They also might send some old rubbish reply with no POPLA code (but then again so do UKPC!).

emilycharlotte

Thanks guys,
I sent the letter first class and got the proof of postage last week..
Am I right in thinking they have 28 days to respond?
Just waiting on their response which I imagine they'll postpone as long as they can..
Xx

Umkomaas

emilycharlotte wrote: »

Thanks guys,
I sent the letter first class and got the proof of postage last week..
Am I right in thinking they have 28 days to respond?
Just waiting on their response which I imagine they'll postpone as long as they can..
Xx

Nope - 14 days to acknowledge, 35 days to decide, more time if needed, as long as they let you know reasons why.

And if you think that any of this will be adhered to, you've not done enough reading!

See what transpires, but these aren't people who play by any rules, other than their own (concocted) version. Keep us informed of (any) progress.

emilycharlotte

Hey guys,


Just to let you all know that UKCPS hae cancelled the parking charge and states the matter is closed on their systems.


Thanks for all your help xx

ColliesCarer

Congratulations Emilycharlotte for getting them to cave at your 1st appeal challenge!

HO87

Ah. Pete's been keeping up with his reading and recognised the OP's appeal straightaway. Of course, by dropping it now he's saved himself the POPLA levy. Nice to know you are still there Mr H.

Coupon-mad

They really don't like forum appeals do they?!

Stroma

Well done to you

Hello Petey boy lol