14 Day Notice Received 16 Months After Original PCN?

Blissikins

I apologise if this is covered in the original thread, if so I have misunderstood how the advice there could be applied to my case.

This morning I received a notice from UKCPS chasing a parking charge from April 2013.

I don't think we still even have the original PCN (issued on windscreen) as it's so long ago, and we were advised (wrongly, I'm now realising) to ignore it at the time.

Is there anything I can do given the length of time? It's the standard "failure to reply within 14 days will automatically lead to court action" letter.

I can find details that they have to wait so long before sending additional letters, but nothing about a maximum length of time for chasing payments.

TYIA, once again I'm sorry if I've missed relevant advice in the original/sticky threads.

Redx

"they" can chase payments for up to 6 years in england and wales under the small claims rules (MCOL) , this advice has been given out many times before on here

like here https://forums.moneysavingexpert.com/discussion/5036779

and here https://forums.moneysavingexpert.com/discussion/5035495


here is another ongoing thread about them and this practice

https://forums.moneysavingexpert.com/discussion/4881151

there will be others on here too, if you search for them using the search box

you can also see the advice in the crabman sticky thread in the LBCCC FIGHTBACK thread (treat this letter as an LBC)

Fruitcake

If this is the first contact you have had since the windscreen NTD then this constitutes the NTK. It is therefore POFA 2012 non compliant so only the driver can be chased for payment. If they don't already know who that is, you aren't going to tell them are you?


Have a read of the Sticky thread for NEWBIES to find out what to do about non POFA compliant NTKs. Complaints to the DVLA and BPA are in order as well.

Coupon-mad

Do read the LBCCC fightback thread, it's in the forum stickies collated by Crabman. Don't pay, don't panic.

Blissikins

Thank you very much all. I will go and study the threads! I was panicking as I thought I'd ruined my chances by ignoring the notice, I really appreciate your advice.

Coupon-mad

You should be slightly 'panicked' as UKCPS sometimes try small claims - make your rebuttal and formal response very strong and assertive as per the LBCCC Fightback thread. We are not talking a polite appeal, we are talking making your case such a 'hot potato' (replying to every letter assertively and complaining to the retail park right now, regardless of the fact this as in 2013) that UKPCS would hopefully prefer to move on to a weaker victim. If you get a small claim we can help and post #5 of the Newbies thread tells you about defences and the links include some cases won v UKCPS!

Blissikins

Quick update (as I'm at work): IT WORKED!!

I want to thank you so much for your help, patience and links, especially you Coupon-mad. After following the advice in the threads and a very tense wait, I received a reply from UKCPS this morning to say that they have cancelled the PCN "as a goodwill gesture".

If you think it will help anyone else I'm happy to post images of the letters sent and received when I get home.

Coupon-mad

Yep we'd like to see the letter chain of challenge/complaint/cancellation! Nice result.

Blissikins

Here it is.

On August 16th I received:

Dear...

DO NOT IGNORE THIS NOTICE IMMEDIATE PAYMENT REQUIRED

We note from our records that the above parking charge has still not been paid. This is the final letter before court recovery action will commence. Failure to pay or make a binding agreement to pay within 14days of receipt of this letter will automatically lead to court action.
Please see [web address.net/court.php] for a list of a few recent court cases. A CCJ will seriously affect your ability to obtain credit or a mortgage.

Payment should be made by cheque/postal order to UKCPS Ltd or by credit/debit card to our payment line.


To which I responded:

Dear Sir/Madam,

I wish to acknowledge the letter I received from your Collections Department on August 16th 2014. However before I can answer the letter in full, I require further information which should have been included in your previous correspondence, in accordance with The Practice Direction on Pre-action Conduct (Annex A Para 2). Your previous letter also failed to refer me to The Practice Direction on Pre-action Conduct (as required in Annex A Para 2 2.3(1) of the same document).

I do not believe it is unreasonable to expect a legal department staffed by solicitors and other legal professionals who must surely draft these communications on a daily basis to be capable of supplying a document that is compliant with these directives. I am greatly concerned that a person with no training in law is having to request further information in this manner. Can you please provide an explanation as to why this demand was able to be sent with such obvious failings and can you please confirm that the letter sent to me was approved by the solicitor in charge of the legal department prior to sending? I believe it would be appropriate for you to review your policies and procedures for sending these notifications of impending county court claim and would appreciate it if you could confirm that future letters of this type are fully compliant with all appropriate sections of the Practice Direction before leaving your office.

I have attached an extract from the Practice Direction dealing with the requirements for a Claimants Letter Before Claim for your reference.

The ticket was issued for “Parking without a valid permit or authority”. Can you please send clear images of any signage which was in the area where the above vehicle was parked, at the time of parking on April 27th 2013, stating the need for a permit and/or authority to park. Also please send information regarding the relevant permit, and information on where and how to obtain the permits mentioned, as several attempts to find out from [entertainment complex] security staff and management have proven fruitless and during his four years of working on the complex my husband never heard of any permits being required.

I also require a full financial breakdown of costs incurred as a result of the misdemeanour detailed above, which was missing from your last letter but, according to Pre-action Conduct (Annex A Para 2 2.1(5)) should have been included.

Furthermore I believe it would also be appropriate to consider an alternative method of dispute resolution – such as an intermediary body like POPLA, prior to starting court proceedings to avoid burdening the court with this matter. I would also like to take this opportunity to remind you of your duty to mitigate your losses and to not incur any additional, unnecessary losses. Should you refuse this invitation to use an alternative method of dispute resolution and proceed to court I will draw the courts attention to this refusal to comply with paragraph 8 of the Practice Direction concerning such alternatives.

I would also like to draw your attention to the sanctions the court can apply for non compliance with the Practice Direction under paragraph 4 and respectfully request that you send me a fully compliant letter within 14 days of receipt of this letter.

Please note, if you send me a generic template letter which does not address my requests for information, I shall copy the correspondence to the Solicitors Regulation Authority and ask it to investigate your breach of the Principles set out in the SRA Handbook version 8, published on 1st October 2013.

When I have received all of the above information I will be able to respond to your letter in full.

Yours Sincerely,

http: //i27.photobucket.com/albums/c163/hockeynhibby/MSEForum/IMG_13934152_zps19a3802f.jpg

The forum wouldn't let me post images as I am too new a user, but the link above, minus spaces, should show what I received in reply.

Dee140157

http://i27.photobucket.com/albums/c163/hockeynhibby/MSEForum/IMG_13934152_zps19a3802f.jpg

Umkomaas

I do not believe it is unreasonable to expect a legal department staffed by solicitors and other legal professionals who must surely draft these communications on a daily basis to be capable of supplying a document that is compliant with these directives.

I wonder in which part of the caravan at the back of the Blooming Rose pub in Leeds (UKCPS HQ) the 'legal department' sits? :rotfl: