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

jigsaurus

Something odd happened yesterday...I received another letter from UKCPS stating that I could not appeal. Now, it is only odd because I sent them my letter on the same day. Now, I can think of two possible explanations:

1. They forgot that they had replied to my second letter, so sent me another rejection, which happened to completely coincidentally arrive on the same day that I sent my letter to them. Stranger things could happen, I suppose.

2. They're following this thread, and thought they'd get in touch with me via letter, and repeat themselves.

I'm just drafting my complaint to the BPA now, and then will do the DVLA complaint. Would it be worth posting them here, in order to get them proof read?

Stroma

It's no harm in it, so why not

jigsaurus

While I was looking over my paperwork from UKCPS, I found more misinformation about the appeals process, so my complaint to the BPA contains more information than I put in my opening post. So, here follows my complaint to BPA. If there is too much information in there, let me know asap and I'll edit it.

---
Dear Mr Clark,

I am writing to complain about a number of aspects of the behaviour of one of your members, UKCPS.

Wrong information on a Notice To Keeper / Driver / Hirer.
I received a Notice to Keeper after a Parking Charge Notice, please see attached file xxx for a copy. The Notice to Keeper states:

Appeals Procedures You have had the right to appeal within the 28 day period from the point of issue of the Parking Charge Notice as set out in the issued ticket. Please note that the 28 days have now elapsed. The R.K. may appeal if the vehicle was stolen or sold (documentary evidence needed) at the time of the above event.

I was able to determine that R.K stands for Registered Keeper. However, their use of unexplained abbreviations is not the only attempt they make to mislead. More importantly, UKCPS tell me that I can only appeal as the Registered Keeper if the car was stolen or sold at the time of the event. This is a lie, and one that they have told before.

I subsequently appealed, within a 28 days period. Not that they had told me how long I had to appeal, as this was not included on the Notice to Keeper.

Misleading information on a Notification letter and refusal to allow me access to the appeals process
UKCPS sent me a Notification Letter dated 31st March, please see attached file xxx for a copy of this letter. This letter contains paragraph stating the following:

“Appeals Procedure Under the Protection of Freedoms Act 2012 Schedule 4 sub paragraph 7(5) a.b and 14 (7) a.b we are required to inform you that you have a legal right to appeal against this notice in writing, sent to the address above within 28 days, and any matter contained in your appeal; dispute or complaint (however described) may be referred by the keeper to independent adjudication (POPLA) or arbitration. You also have a legal right to have legal issues addressed at Her Majesty's Courts & Tribunal Service, where to help resolve matters you may also have an opportunity to use the Courts free mediation service. Please state your preferred method of adjudication or arbitration within your initial appeal. In any event, you must always write or email us first, at the address shown above, we aim to do our best to help resolve matters without the need for independent services.”

So, I sent them a copy of my initial appeal and an additional letter, only to receive a response stating:

"Unfortunately, as the parking charge was issued over 28 days ago we are unable to accept your appeal. As stated on the parking charge notice all appeals must be received within 28 days of issue. As your appeal was presented significantly late the appeals procedure has now closed and the parking charge will stand"

So, as well as further misleading information, UKCPS are not following the British Parking Association Ltd Code of Practice by providing access to an appeals procedure. They are also ignoring the guidelines that were issued to BPA Ltd members in January 2014 which advises that failing to issue a correct and / or valid POPLA Code within the Rejection letter correspondence will be considered as a Code breach.

I have requested a POPLA three times and have been refused each time. I still want a valid POPLA code.

I look forward to your response.
---

Coupon-mad

That's great!

Stroma

I wouldn't call then liars, it's to emotional and this will not help you IMO

Coupon-mad

Personally I would, about that 'stolen car' lie.

jigsaurus

Thanks for taking the time to read and respond C-M and Stroma.

I've amended the paragraph to say:

I was able to determine that R.K stands for Registered Keeper. However, their use of unexplained abbreviations is not the only attempt they make to mislead. More importantly, UKCPS tell me that I can only appeal as the Registered Keeper if the car was stolen or sold at the time of the event. However, after reading your Code of Practice (Version 4 - February 2014), point 20.11, it appears appealing as the Registered Keeper is not conditional on these two instances at all.

I've had a read through of the most recent BPA CoP and referred to specific sections in there.

37yroldblonde

I had the same issue with UKCPS. Keep on at the DVLA and BPA every week until you receive a satisfactory response from them. Stating that they are investigating it isn't a satisfactory response. Also, tell UKCPS that you have reported them. Each case is different but it worked for me in the end as they cancelled my 'fine'.

Hot_Bring

Exactly how long will it take the BPA to actually ban this cowboy company from their member list. UKCPS play with the CoP as if it were optional to adhere to it. The BPA are as much an ATA as I am the manager of Brighton and Hove Albion.

MothballsWallet

One guideline about using abbreviations is to spell the dam things out the first time you use them, but it isn't backed up in law, sadly.