UKCPS: "court recovery action" threat

Blumenberg

Hi,

I've been challenging a UKPCS 'parking charge' notice pretty much according to the fantastic advice on this forum and another one. This is the series of events so far:

1. Parking charge issued for parking and 'leaving site.'

2. After follow-up letter arrives, I appeal pointing to absence of evidence, referring to BPA AOS Code of Practice etc. and asking for code and information necessary to appeal to POPLA.

3. UKPCS reply rejecting the appeal saying I entered into a contract etc. and was observed leaving site when there are signs etc. All very brief and still no evidence produced. They say "If you wish to make further representation, with additional evidence, please provide this within seven days of this letter. Second appeals must contain additional reasons not contained within your initial representation which you wish us to consider. You may also appeal to an independent assessor through POPLA... details of which will be sent at the appropriate time." I did not reply to this: my thinking was that I had made my case completely in the first appeal and had nothing further to add. My appeal with them was rejected so (according to the BPA AOS Code of Practice) they should supply the POPLA code and information: I should not have to do anything further for this to happen. Perhaps I should have made some sort of reply at this point, but they themselves say that second appeals must contain "additional reasons" and I did not have these!

4. Recently (some months later) I received a letter from them saying "We note from our records that the... parking charge has still not been paid. This is the final letter before court recovery action will commence."

5. I replied saying that any 'court recovery action' would have no chance of success because they had not followed the BPA AOS Code of Practice and issued me with the POPLA code and information upon rejecting my appeal. I also pointed to the fact that they had not supplied any evidence and I threatened to take the matter up with the DVLA. I should have asked for advice on the forums before sending this letter, but was pushed for time in the end.

I'd be grateful for any advice from the experts here. Especially, am I correct to be so confident in dismissing the threat of 'court recovery action'? Also if anyone has advice on further action at this stage I would be very grateful.

Thanks!

Redx

this company do issue court claims so ideally you try to avoid it or get ADR by POPLA

I would complain to the BPA today , right now, and include the pcn , copies of the correspondence and report them for not issuing the all important popla code after you appealed and they failed to cancel

the sooner you do this, the better , see post #6 of the NEWBIES sticky thread

also dont forget to ALSO complain to the landowner and request the charge be cancelled , after the BPA complaint

Coupon-mad

Yep, report them to the BPA using this email:

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

And when you get your POPLA code, refer to the NEWBIES thread post #3, 'How to win at POPLA'.