UK CPS Ltd - Rochdale car park

Coupon-mad

No, they are 'UKCPS'!

http://tinypic.com/view.php?pic=28tp2b&s=8#.VC3tS03wupo

and the back please.

http://tinypic.com/view.php?pic=1rci7r&s=8#.VC3tqk3wupo

Usual UKCPS sign.

Barnoe

There is nothing on the back of the letter UKCPS sent, its just blank

Coupon-mad

Oh OK, sorry, they used to have a load of blurb on those yellow NTKs!

Anyway it's flawed as per usual as there's no 'period of parking', no 'identification of the creditor' and no description of the unpaid parking charges which remained 'unpaid' (i.e. a tariff) as at the time before the PCN was issued. See paragraph 8 of Schedule 4 of the POFA (as linked in the Newbies thread).

But it does try to pass itself off as a 'contractual fee' (consideration) so you will have to use a POPLA appeal that includes an argument that the charge is not consideration at all but is a disguised penalty, so UKPC have to show the charge is a GPEOL. That point is explained here:

https://forums.moneysavingexpert.com/discussion/comment/66571760#Comment_66571760

and POPLA examples to adapt are shown in the hyperlink 'How to win at POPLA' in the Newbies thread. You will need to create a hybrid one to suit the argument you need POPLA to 'get' the fact it's a penalty applied in terrorem, primarily to deter breach. It's not consideration as you cannot be authorised to park in an 'unauthorised' way, cannot be forgiven for your trespasses (and allowed to continue to trespass against them!) for a sneaky bung in UKCPS' direction.

Barnoe

Thank you for your help.

So basically it all comes down to my letter, worded correctly we don't have to pay the fine. Worded incorrectly, and we will end up in court paying fine plus costs!

Why do councils let these companies use and share their car parks?
Rochdale town centre is struggling as it is, these things just make people go elsewhere.
Easier to get on the metrolink and shop in Manchester

I will let you know, how we get on.

Coupon-mad

So basically it all comes down to my letter, worded correctly we don't have to pay the fine.

It's not a fine - but you won't pay a penny and yep, it's about wording the appeal well.

Worded incorrectly, and we will end up in court paying fine plus costs!

It's still not a fine and UKCPS don't even try many court claims! And they lose when we help people with defence points (there are 3 small claim cases I can think of that UKCPS lost recently, all won by the defendants using detailed arguments about the dodgy signage). Again it's down to the correct appeal/defence arguments.

It's a shame that 90% of the British public hasn't a clue about the sort of appeal to make to win. Makes us feel like taking out a full page newspaper article every week for a month (too expensive!) or a short TV appearance on Watchdog by the BMPA would be good:

https://forums.moneysavingexpert.com/discussion/comment/66650504#Comment_66650504

We do try hard to stamp out this scam and help motorists to be informed. There is more going on than just this forum.

Northlakes

CM is right. You have a cast iron case! The signage is appalling for one. There is no entrance sign warning you of private car parking. All the signs indicate that this is a council car park.


You are on a journey to the winning post but the experts such as CM provide the map!