PCN (NW) and UCS - Advice needed

oofaafuu

Hi,

I've read the content on here but can't seem to find a clear answer to the issue I've encountered:

1st August, the wife's car was parked on a permit holder only car park in Lancashire where I work. The enforcement is by PCN (NW) and a screen ticket was issued. Checked with the facilities manager and it couldn't be cancelled locally - company policy.

Took the advice on here an waited for the NTK which has never arrived. Presumed it to have therefore been overlooked or not pursued.

This morning (3rd December), the wife (registered keeper) received a letter from UCS (Ultimate Customer Solutions based in Weybridge Surrey) outlining a instruction from PCN (NW) to pursue and implying that a NTK has been sent. It is also suggesting that the registered keeper has now become liable for the charges outlined in the letter.
The letter then goes on to outline how UCS can help her to pay.

So my questions are:
If no NTK was sent what is the legal position based upon the letter from UCS being the first and only communication regarding the original PCN? I note that Schedule 4 Section 8 (6) states that no proof of receipt is required (strange for postage of a document with legal implications).

My understanding was that they had an obligation to send an NTK within a defined period of time after the ticket was issued (56 days under the 28 + 28 rules in Schedule 4)?

I've read the sections giving the advice and thank those who have invested their time in putting all the information in one place, I just couldn't identify how to set about resolving this.

Do I need to do anything, or sit back with a cuppa
I'll delet the thread as soon as I know where I stand

Cheers

MRSJJ

I'm in the exact same boat as you having recieved no NTK for a ticket in July (UCS letter received saturday) I was advised to write to UCS telling them I deny any debt and that they should refer back to their client.
I have also emailed the BPA who have said they will look into it, but I don't hold out much hope.

Coupon-mad

You treat the UCS letter as the NTK - the Newbies thread does tell you this (it says 'whatever they call the first letter'). So send the first appeal from the NEWBIES thread and complaint by email to the IPC (this NOT being a BPA member like MrsJJ's but an IPC member in your case) using the IPC contact details in post #6 of the Newbies thread.

oofaafuu

Coupon-mad wrote: »

You treat the UCS letter as the NTK - the Newbies thread does tell you this (it says 'whatever they call the first letter'). So send the first appeal from the NEWBIES thread and complaint by email to the IPC (this NOT being a BPA member like MrsJJ's but an IPC member in your case) using the IPC contact details in post #6 of the Newbies thread.

Hi,

I know you've responded, but is the following relevant to include in the initial response?

g).The notice to keeper was received 121 days after the noted date of the parking event. As such the requirements of Schedule 4 of the Protection of Freedoms Act 2012 have not been met (the notice should be received no later than 56 days after the date of the parking event), therefore there is no keeper liability thus your PCN is unenforceable.


Cheers
Oof

Coupon-mad

Yep but maybe (as it wasn't called a NTK)


' The letter from UCS was the first letter served and it was received 121 days after the noted date of the parking event......

oofaafuu

Recieved an email in response to my letter today as follows:


From: UCSAdministration<
Date: 4 Dec 2014
To: <xxxxxxx
Subject: Re: Letter in conncection with PCN

Good morning,

Thank you for your email.

It's to late to appeal at this stage why was it not appealed with the client?

Kind regards,

UCS Admin Team

---

They clearly havent read the content of the letter, should i direct them to the paragraph in question?

Oof

BenefitMaster

Yes - and make it clear that any further responses of that type without a full reply to the appeal will be treated as harassment and cited in any proceedings they might contemplate.

Coupon-mad

oofaafuu wrote: »

Recieved an email in response to my letter today as follows:


From: UCSAdministration<
Date: 4 Dec 2014
To: <xxxxxxx
Subject: Re: Letter in conncection with PCN

Good morning,

Thank you for your email.

It's to late to appeal at this stage why was it not appealed with the client?

Kind regards,

UCS Admin Team

---

They clearly havent read the content of the letter, should i direct them to the paragraph in question?

Oof

Yep just repeat yourself, they are clearly stupid. Tell them that neither the 'client' nor anyone else, sent ANYTHING before this letter and you are not even aware of the circumstances being alleged, having only had UCS' letter. So you have no option but to treat this letter as if it was a Notice to Keeper, as you have a right to appeal. Ask why they are sending out this letter as the first letter and if they are denying keepers the right to appeal? If so, you will report the 'client' to the IPC and DVLA. Finally, in the absence of a Notice to Keeper it renders the POFA 2012 null and void so there is no keeper liability and the keeper was not driving as far as you can ascertain from the sketchy information given so far, so there is no case to answer.