UKPC - Appeal not acknowledged

moebius

Hi all

I hope you can help. I have been through the noobie guide and the followed the flowchart. I used the appeal template letter and sent it recorded delivery. I have checked the tracking number and they had signed for it on the 1st Oct. I double checked the address on my tracking ticket from the Post Office and it went to the right appeals address as stated on their original letter. But last week, on the 7th, I received a Final Reminder letter with no acknowledgement to my appeal. I didn't open the letter till yesterday as I was away for work.

I'm not quite sure what to do. Shall I send another appeal? Should I ring them and let them know they have actually signed for my letter?

Any suggestions would be so helpful, thank you.

EnigmaPart1

You should have logged it online

ampersand

That reply hardly helps op.
#
FIRST AND FOREMOST - NEVER RING PRIVATE PARKING COMPANIES OR THEIR DEBT COLLECTORS
moebius - you need to be clearer on your timeline, then re-read the newbies advice. I don't think you've grasped some essentials.

You don't send anything RD, because that allows the addressee to refuse delivery.
A CoP from any PO is deemed proof of delivery for any 1st-class stamped letter.
One to remember, but I'm unclear as to what you've sent and received.

Did this happen in NI or Scotland?
England?

Were you responding to a window tkt, or a Notice to Keeper, in the post?

Your only response then should have been a fishing letter for a popla code. Matters not now, BUT it DOES matter if you have never had a rejection letter containing one.

So, do you have a POPLA code on any letter?

Let's just get that straight first. Read about POPLA codes here[it must be valid, too]:
http://parking-prankster.blogspot.co.uk/2014/01/popla-code-checker.html

Tell us what letters you are speaking about. Well done for doing some homework on the Forum first:-)

gertysingh

Firstly you have proof the company has received the post.

Next time get a free certificate of posting as the company has to prove they did not receive a correspondence if it came to court and have no chance to not sign for the delivery.

Write them a letter and tell them you will be charging them under the harassment act (http://www.legislation.gov.uk/ukpga/1997/40/section/1) if they proceed with their terrorist actions.

Additionally email the BPA and let them know their member has not followed procedures. Also email the DVLA and let them know the company contravenes the KADOE contract (see Newbies thread). CC UKPC in all your correspondence. You should see a response from someone

moebius

Thanks ampersand. I'll be more clear with timeline of events. I am in England.

1) Windscreen ticket received on 21/08/2014
2) On 22/09/2014, I received the NTK letter which I read we had to wait for.
3) At this point, I used this template (from noobies thread) and sent it recorded delivery which they received on 1st October:

Bloggs PPC
Anystreet
Anytown


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on the following grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is an unrecoverable penalty and not commercially justified.
b). The signage is insufficient, the risk of a charge is not transparent and the wording is ambiguous.
c). There is no evidence that you have any proprietary interest in the land.
d). Your written 'notice' fails to comply with the POFA 2012.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The purpose of this communication is threefold:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn in the absence of evidence. As such, you must either rely on the POFA 2012 or cancel the charge if you cannot claim keeper liability. Please uphold this challenge or send a rejection letter, so I can escalate this appeal to the independent appeal service offered by your Trade Body.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal costs. Equally, I have incurred costs to date, for researching the law, reading your Notice and responding, despite a lack of contract. I calculate both my costs and yours to be under £15 at this early stage, therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my expenses.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract and it is not for me to reimburse you for foisting an unexpected and non-negotiated contract upon any driver of my vehicle. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - your IAS or POPLA, then the contract still ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies.

As well as not meeting the requirements of the POFA 2012, it is my view that you have breached the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013. In replying, you will also be acknowledging receipt and understanding of points 2 and 3 above. Where sent by post I have obtained proof of posting; where submitted online/by email it is deemed received by you unless proved otherwise. I look forward to your considered reply within 35 days.

Yours faithfully


{the registered keeper's name}

4) Then I got their Final Reminder letter. It seems like they completely ignored my letter.

It's not even like them sending the Final Reminder overlapped with me sending my letter. They were a week apart.

Anyway, as it stands I haven't received a POPLA code and they are demanding I pay £100 by next week. I refuse to pay but at the same time, I don't have time for small claims court. Will it come that if I don't pay by next week?

Thanks again all.

Pipes14

I have experienced this exact same thing with the same Parking firm! My timeline is almost indentical to yours as well!

I've emailed a complaint to the BPA and they have issued me with a complaint ref number. They have asked me to send a copy of all correspondence to and from UKPC.

I'll keep you posted.

moebius

Pipes14 wrote: »

I have experienced this exact same thing with the same Parking firm! My timeline is almost indentical to yours as well!

I've emailed a complaint to the BPA and they have issued me with a complaint ref number. They have asked me to send a copy of all correspondence to and from UKPC.

I'll keep you posted.

That is brilliant, thank you very much. I'll make the same complaint and keep you updated too.

ampersand

moebius - this is pipes' thread if you want to compare [but we do keep strictly to one parking event per Thread ]-

https://forums.moneysavingexpert.com/discussion/5081666
#
But you're anxious about this:
' I don't have time for small claims court. Will it come that if I don't pay by next week?'
Answer: NO.
#
Now you go in HARD with your complaints, as per gerty here:
'Write them a letter and tell them you will be charging them under the harassment act (http://www.legislation.gov.uk/ukpga/1997/40/section/1) if they proceed with their terrorist actions.

Additionally email the BPA and let them know their member has not followed procedures. Also email the DVLA and let them know the company contravenes the KADOE contract (see Newbies thread). CC UKPC in all your correspondence. You should see a response from someone '
#
UKPC are even chasing old tickets in Scotland now - must be trying to bloat their crimbo snout-trough.

moebius

I really appreciate all the prompt replies and detailed help from you all. I'll be sure to pass on the knowledge gained to others to help fight the good fight.

I'm going to complain to the BPA. Should I email? If so, does anyone have an address? The only one I can see is info@britishparking.co.uk There is, however, a form on the their Contact Us page. Would that be better?

ampersand

Read through #6 here:
https://forums.moneysavingexpert.com/discussion/comment/64350614#Comment_64350614

I'm being a mean old lady, could have copied and pasted for you but I sense a good'un in the making, so you're earning your stripes via familiarisation with the enemy.

COMPLAIN to our friend Steve Clark[bpa] and the DVLA.

n.b. c-m's final sentence here:
We'd recommend email for such matters and you can copy in the PPC to show them you mean business!

You can keep screen shots.

Pipes14

moebius wrote: »

I really appreciate all the prompt replies and detailed help from you all. I'll be sure to pass on the knowledge gained to others to help fight the good fight.

I'm going to complain to the BPA. Should I email? If so, does anyone have an address? The only one I can see is info@britishparking.co.uk There is, however, a form on the their Contact Us page. Would that be better?

That's the email I sent it to buddy. Got an almost immediate reply.