Parking ticket!

Redx

its more a question of accuracy rather than being concise

if this went to court (which it could do if everything fails), if you were asked that question by the judge, he would have wanted a yes or no answer, popla may require the same as they only deal with legal arguments and codes of practice and the laws etc too

so its not about anyone being pedantic or concise but accuracy , its a case of when asked a relevant question like "have you had a cup of tea and if so what brand was it?" , the exact answer of Yorkshire tea from a tea bag (or loose tea) should have been given (I like yorkshire tea myself too) and not, "I think the wife bought it in morrissons but cannot remember what day she bought it but I know it was in a large sealed packet of which I didnt check this packet`s labelling before it was emptied in a tead caddy" , lol

so back to reality

the NTK should have identified the creditor (the person they are acting for as a private parking company" is highly relevant in that I believe (as does guys dad) that the NTK is not BPA compliant under their CoP , there may be other CoP failures too so as coupon-mad rightly says in the newbies thread, check for non-compliancy in all areas , especially any POFA 2012 failures too

so I would say those are the implications, although it would be down to a judge to actually rule on this, which hopefully it wont get that far and popla may not rule on it either

but if its a breach of the BPA CoP (which you should now be checking), then YOU should be reporting it to the BPA as per post #6 of the NEWBIES thread , never mind it going into your popla appeal (or any future court case if you failed at this)

so as umkomass mentioned above, you should be sorting out your legalese BPA complaints and then your legalese POPLA draft now, for when UKCPS issue your popla code by return

this is a serious business , so less angry yorkshireman and more "revenge is a dish best served cold, so dont get mad, get even", win , and cost them £27 + vat at popla which I would have thought any true yorkshireman would be doing

AngryYorkshireman

Fair point Redx. I'll try take it on board

I have read through the BPA CoP and POFA 2012 and have found the following;

• 'The notice must identify the creditor'
• 'The creditor means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle'

I have looked at the car park today and all the signage is 'UKCPS', as is my NtK. The only item that doesn't refer to UKCPS and refers to another company is the pay and display ticket. The car park signage states;

'This contractual agreement is made with UKCPS'

So it would seem that the car park is managed by UKCPS, they are the creditors and they are acting for themselves as a private parking company. Please confirm or refute this for me if possible.

The NtK states;

'Payments must be made to UKCPS'

Does that constitute identifying the creditor?

Finally, I have utilised the newbie template for the appeal and I just want to ensure that I'm definitely not supposed to edit the text at all. I ask this I'm appealing under point 'a' of the template and not the other three. I understand this template is primarily used to get a POPLA code and therefore I can see why you would just send it as is, but I want to be certain. Please can someone confirm or refute this for me.

Thanks again guys and please bear with me as I'm a complete newbie to all this, it's confusing to take it all in and I don't want to make any glaring mistakes

Redx

all points are valid , so dont cherry pick from them , its not a pick and mix , its all relevant no matter what you may think , unless you are a qualified solicitor and understand all the legal points being made ?

I doubt that UKCPS actually own or manage the land there, so they are working ON BEHALF of the creditor , but they would like to make people believe that they ARE the creditor so I doubt they have shown you the contract, nor will they show it to you either

so I think not, not the creditor, but wait for the experts to tell you about the legalese regarding creditors

in the meantime, use ALL of the template, dont add bits on , dont take any away

AngryYorkshireman

Haha I am most definitely not a qualified solicitor nor do I understand all the legal points being made. Thanks for clarifying that for me I'll get that sent off!


And you're certainly right about them not owning the land. I checked and there's a sign saying who owns the land. Not sure if I should enquire about who the management is to clarify that as it wasn't on the NtK. Guess I'll wait and see what the experts request / advise...

Umkomaas

If you've got details of the landowner then fire off a complaint to them. They provide the lifeblood on which the parasites gorge, so let rip at them. Tell them you are a regular user and this was just a simple human error. If it was a retail park tell them that you will be complaining to their retail tenants to whom you will no longer be providing your custom.

You will see that this is 'mitigation'; this can be used when targeting the landowner/retailer - they might understand and get things cancelled. But a reminder that mitigation does not cut ice with POPLA.

Use the appropriate tools for the appropriate job!

Coupon-mad

The NtK states;'Payments must be made to UKCPS'

Does that constitute identifying the creditor?

Nope. Look at this POPLA decision (although it seems, only the Assessor Christopher Monk uses these words & looks at NTKs that closely):

http://forums.pepipoo.com/index.php?showtopic=91553

''The fact that some or all of this information may be able to be implied by a reader familiar with the legal context of parking does not mean that the notice to keeper is compliant.''

So by his reckoning, just because you might infer that the creditor might be UKCPS, that's not good enough.

Anyway try sending the new template appeal to UKCPS. They used to cancel when they saw the old version so it will be interesting to see if they are up to speed with the shorter one changed only this week, in the Newbies thread.

AngryYorkshireman

I'll be sure to get a letter of complaint off to the land owner then.


Thanks for clarifying that Coupon-mad.


I've sent out the new shorter template today and will post up their response as soon as I receive it.

AngryYorkshireman

PCN Cancelled! Thanks for the assistance gents!

Umkomaas

AngryYorkshireman wrote: »

PCN Cancelled! Thanks for the assistance gents!

Well done. Are you able to tell us which strategy achieved the cancellation please (it will help other newbies in future)?

I'm sure Coupon-mad will be pleased, she's a real gent!!

AngryYorkshireman

I used the 'new template appeal' word for word and they sent a response saying they had cancelled it as a 'one time gesture of goodwill'.

Oops! Let me rephrase that... Thanks for the assistance ladies and gents what you're doing on here is great!