UKCPS unable to accept appeal

Princessminnie

I would appreciate any advice on the following matter.

I received a letter dated 4th September from UKCPS stating it was a 14 day notice before matter is issued to court. Within its text it stated that the driver was observed leaving site on 19th June 2014. It also stipulated that the parking charge appears to remain unpaid so based on this I assume they are implying they have sent me earlier letters demanding payment which I did not receive.

I took the advice found on this forum and sent the standard reply letter on 10th September but I have now received another letter from UKCPS stating they are unable to accept my appeal because "as stated on the parking charge notice all appeals, from the driver, must be received within 28 days of issue. After receiving the notice to keeper the registered Keeper may appeal if not already appealed as the driver. As your appeal was presented significantly late the appeals procedure has now closed and the parking charge will stand."

It also goes on to say that they considered everything stated in my correspondence but it does not contain enough grounds to uphold my appeal. It says I can make further representation with additional evidence within seven days and that second appeals must contain additional reasons. It then goes on to say I can appeal via POPLA details of which will be sent if my second appeal is rejected.

What do I do now? It appears the template letter is being ignored and they're implying I did not reply in time from the date of issue. Any guidance would be most welcome.

Guys_Dad

Bite their hand off and do what it says in the penultimate paragraph to get your POPLA code as actually you should be out of time for them to issue you one !

Oh, and read the NEWBIES sticky thread at top of page.

Coupon-mad

Princessminnie wrote: »

It appears the template letter is being ignored and they're implying I did not reply in time from the date of issue. Any guidance would be most welcome.

They are not ignoring the template letter but they are hoping you will respond in a rushed/unplanned way this time and somehow give away who was driving without the guidance of a template. Remind them that to suggest you need to appeal a second time is a breach that you will report to the BPA:

''the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

Princessminnie

Thank you both for your advice. I will most certainly be sending a strongly worded response outlining the breach and demand a POPLA code. I was going to state that there was no entrance sign again plus they have no photographic evidence of me leaving the car park but I will leave that for another day if needed.

Coupon-mad

Now why would that be a big mistake?!

Princessminnie

Oops! Delete me and replace with driver.

To be honest the driver has no recollection of parking there. I find it amazing that you can be issued a parking charge through the post without any evidence to support it.

Guys_Dad

Princessminnie wrote: »

Oops! Delete me and replace with driver.

To be honest the driver has no recollection of parking there. I find it amazing that you can be issued a parking charge through the post without any evidence to support it.

1. You can ask them for it.

2. They can be asked to present it to POPLA/Court.

Princessminnie

I did ask for it. I asked for lots of information as per the standard letter but received nothing. They say they considered everything but it didn't contain enough to uphold the appeal. I will take your advice on board though if it should get to the POPLA stage. Thanks.

ampersand

Hello Pm - why don't you just copy this small section ' To suggest the RK needs to appeal a second time is a breach, now reported, to the BPA:

''the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence'

Do this, emailing Steve Clark and asking for his intervention.

re: 'I will take your advice on board though if it should get to the POPLA stage.' - you must complain to the BPA to force it to POPLA stage.

Princessminnie

Many thanks ampersand. Please pardon my ignorance but who is Steve Clark?

Redx

Princessminnie wrote: »

Many thanks ampersand. Please pardon my ignorance but who is Steve Clark?

read post #6 of the NEWBIES sticky thread to find out

then read all of it when you have the time , as detailed in the CM signature in post #3