UKCPS have refused to give me a POPLA code - too late to appeal

jigsaurus

I received a windscreen sticker from UKCPS a couple of months ago, and waited for the NTK. I sent in an appeal and had my challenge refused because they said it was too late. I then sent them another appeal stating that their notification letters to me stated that I had a right of appeal, so was exercising that right. And they refused again to consider my appeal.

So, I'm about to send them a third and final letter asking for a POPLA code, stating that they have nothing stopping them from issuing one. The more they refuse, the more unreasonable they will appear should this get to the court stage. UKCPS appear to be one of the litigious ones.

The car was parked in disabled space with no blue badge. A passenger in the car was disabled, so I'm going to make full use of the Equalities Act in my POPLA appeal, if I can get a code. Then I'll be contacting the landowner and telling them that their agents are engaging in behaviour that could be considered harassment.

Is a complaint to the BPA worth it? And what about complaining to the DVLA? Has anyone ever done that?

Stroma

Can you just give us a timeline on this

1) when was ticket?
3) when you received NtK?
4) when you appealed to them?

ColliesCarer

Yes you should complain to both the BPA and DVLA - you will find contact details in post #6 of the NEWBIES thread - include a copy of the NtK and all correspondence to and from them since receiving that.

There are cases in which an intervention by Steve Clark has resulted in a POPLA code being issued.

Whilst it will be ok to include the EA 2010 points in your POPLA, it should major on the known the winning grounds of no GPEOL, No legal authority/standing, non-compliant signage etc. POPLA don't seem too familiar with EA issues but a judge would be should this ever get that far.

Don't wait to contact the landowner as this could be a way to get this nipped in the bud - especially given the EA 2010 aspects.

jigsaurus

@ColliesCarer
Thanks, I'll put a great deal more focus on the points that you suggest

@Stroma
1) Ticket received 25 Jan 14
2) NTK was received 3 March 2014 - this stated that I have had the right to appeal but that this had now elapsed. I thought I was doing the right thing ignoring the ticket...
3) Challenge sent 19 March 2014

ColliesCarer

UKCPS are renowned for trying this on.
The driver has 28 days to appeal to a windscreen notice.
Then when they get the keeper details from the DVLA and send out the Notice to Keeper, the keeper also has the right to appeal - otherwise they can't rely on POFA for keeper liability.

So you were well within time as long as you appealed as the keeper which hopefully you did and did not identify the driver

take a look at this thread
https://forums.moneysavingexpert.com/discussion/4957252

and use Search the Forum using search term UKCPS to find lots of others all dealing with the same issue with them.

Also when you get your POPLA you may need special wording for your no GPEOL point as UKCPS try to claim the sum was a contractual sum.
Photos of the signs for the location concerned would also be useful for the fourm members to see to best advise you how to word your POPLA appeal

Stroma

You need to make complaints to the dvla and bpa on this, just attach your fake ticket, the NtK they sent you, and the appeal letter, together with their rejection. They are out of order, and should be ordered to comply with the poxy code of practice they sign up to.

Again we see a parking company using lies, deception, and plain underhanded tactics to circumvent motorists of their legal right of appeal, this is just one instance, how many times are they doing this that we don't hear about?

jigsaurus

@ColliesCarer
At no time has the driver been identified. I sent them a letter but did not state that I was the keeper. Although, they would have known that I was the registered keeper because they had my details from the DVLA.

I've noticed that the NTK states "The R.K may appeal if the vehicle was stolen or sold at the time of the event". Now, it doesn't say anywhere previously in the letter what R.K stands for - it's only because I've been on the forums that I know it stands for Registered Keeper. This could be misleading, as people who haven't done any reading may not necessarily understand. Also, the NTK contains no timescales for the R.K appeals. It's all rather vague.

I've just had a look at the thread you gave me the link to - thanks. I will be complaining to the BPA about both the lie and misleading information about the RK's right to appeal on NTK.

ColliesCarer

jigsaurus wrote: »

@ColliesCarer
At no time has the driver been identified. I sent them a letter but did not state that I was the keeper. Although, they would have known that I was the registered keeper because they had my details from the DVLA.

Then you should be fine. Make sure all future correspondence states you are the registered keeper.

jigsaurus wrote: »

I've noticed that the NTK states "The R.K may appeal if the vehicle was stolen or sold at the time of the event". Now, it doesn't say anywhere previously in the letter what R.K stands for - it's only because I've been on the forums that I know it stands for Registered Keeper. This could be misleading, as people who haven't done any reading may not necessarily understand. Also, the NTK contains no timescales for the R.K appeals. It's all rather vague.

They have been warned about these lies before

jigsaurus wrote: »

I've just had a look at the thread you gave me the link to - thanks. I will be complaining to the BPA about both the lie and misleading information about the RK's right to appeal on NTK.

Yes do and strongly - because you never know how close they might be to a suspension for sanctionable breaches

Coupon-mad

You need to report them to the BPA and DVLA about that 'stolen car only' lie because it is not just misleading, it's utterly wrong and they know it. Also remind UKCPS about the reminder they were sent 5 months ago by the BPA after consultation with the DVLA:

http://parking-prankster.blogspot.co.uk/2014/01/british-parking-association-limited.html


HTH

Stroma

Prankster has now picked up on this
http://parking-prankster.blogspot.co.uk/2014/05/bpa-ltd-refuses-to-take-responsibility.html

Pepper_Pot_Cat

What if you never get the windscreen ticket?

Like with a council NTO, you appeal when you get the notice to keeper.

Haswell is well out of order.