Ukcps parking charge

Crabman

Threads have been merged

NeilMell

Can anybody have a look at the wording of the sign on my last post to see if the standard POPLA appeal letter is suitable or can they point me to another one which is more suitable.

A link if possible.

I couldn't post a link of the photos because I am too new to the forum.

Dee140157

Ok this is a fairly standard sign. 2 members have tried to help you regarding the posting of photos by using a free service like tinypic to upload the photo the putting on here minus the http://.

Are you at POPLA stage already? Have you sent off your first appeal yet? Have you got a rejection and a POPLA code?

If you are still in the early stage, stop panicking and get off that initial appeal, then take the time to read post 3 of the newbie thread indeed read all of the newbie thread several times. The information is all there including a link to many standard POPLA appeals for different situations.

I appreciate it is stressful, but a little reading, and by that reading slowly and a few times can make this seem a whole lot stressful. We do not expect you to understand the newbie thread first time round. I am 5 months down the line froma successful appeal and still have to go back and check things on it every day!

NeilMell

Apologies, it is stressful, I did try and post the pics from tinypic and got the links on my reply but it wouldn't post because I am new to the forum.

So I took the time to type the sign out instead, but if you think it is a standard sign then I can now llok at the POPLA letters for this type of situation.

Thanks.

ColliesCarer

Hi Neil,

As a newbie, you cannot post direct links - you need to delete the http:// part of the link first and/or put some spaces in it to break up the text when you post it on your thread.

The wording on your sign means they are attempting to claim the charge is a Contractually agreed sum - but they fail - it is actually a disguised breach of contract.

To understand the difference take a look at this explanation

https://forums.moneysavingexpert.com/discussion/comment/65255007#Comment_65255007

So it means that a standard "Not a genuine pre estimate of loss point" will need some additional wording to make sure the sign doesn't fool the assessor.

If you take a look back in the thread I gave you a link to - similar wording to the Not a GPEOL point in bigp26's POPLA appeal will probably be needed in yours when you get to that point.

But whilst it's good that you want to get ahead of the game - you are worrying too much at the moment about the wording for your POPLA appeal.

The steps are
1/ await the NtK - which won't arrive until day 29 (i.e. 5/8/14 given when you got the windscreen notice) at the earliest and could be as much as 56 days away.
2/ They then have to give you 28 days in which to submit your 1st appeal
3/ Once they receive your 1st appeal they have 35 days in which to consider it and respond with either a cancellation or a rejection and a POPLA code
4/ You then have 28 days in which to submit you POPLA

So as you have not yet received your NtK - it will be a minimum of about 6 weeks and could be as much as about 4 months before you will need it. The advice can change in that time as PPC's change their MO's and some POPLA challenges and wording will be dependant on what's in both their NtK and the rejection letter.

So I would advise you to stop worrying about the POPLA wording and use the time to learn how to find your way around the forum e.g. use the Search the Forum using UkCPS and read the NEWBIES thread so you understand the legal arguments needed. You could also read up on POFA schedule 4 paragraph 4 and the BPA Code of Practise.

You will then find it easier to know what your POPLA appeal should include when the time is nearer.

Coupon-mad

UKCPS have been cancelling when they see the template first appeal so recent posters haven't even had to try POPLA!

NeilMell

Thanks for the last two replies. I have a copy of the template initial appeal letter for when the NTK arrives.


Lets wait and see.


Thanks again.


Signage i61.tinypic.com/10sf1p5.jpg[/IMG]

Coupon-mad

http://tinypic.com/view.php?pic=10sf1p5&s=8#.U8PA-k3Qepo


That's the same old, overly wordy 'gibberish' signs that lost in court in the UKCPS v Gaskell case and two more since!

http://parking-prankster.blogspot.co.uk/2014/07/ukcps-claim-dismissed-judge-rules.html

https://forums.moneysavingexpert.com/discussion/5010394

https://www.dropbox.com/s/xw9hqmb3ag35el2/UKCPS-v-Gaskell.pdf (actual transcript of Gaskell)


Do bear in mind those cases only went to small claims because the posters wrongly ignored rather than appealing the NTK.

NeilMell

Good morning, just to let everybody know, another success. I appealed the original notice to keeper with the standard letter from your website and have today received a letter saying on this occasion they are not taking it any further and have cancelled the charge.


Yet another positive result.


Thanks to everyone for their help.:rotfl::T

Dee140157

It's good to hear when the initial appeal is a success. If they see this and know that a good POPLA appeal will follow then some PPCs now know there is no point going there. So cancel straight away.