Unjust UKPC fine / POPLA won't help

greyrainbows

Hi there,

I recently received a letter from debt collectors acting on behalf of UKPC. They were looking to obtain £160 for an original unpaid fine of £60 for a 'parking offence' on a UKPC-operated property. The letter which they claim UKPC sent to me advising of this fine was never received by me, which meant not only was I unaware of the fine, but I was also unaware that I needed to appeal, and, crucially, that I had 28 days to register this appeal with Popla from the date of the original fine.

Whilst outside of the 28-day appeal period, I decided to appeal to Popla explaining that no original notification was received from UKPC and therefore that I could not have applied within 28 days. The case I made to Popla is that the original fine should not stand since the issuing of the ticket in the first instance was unjust. That ticket was issued while I was parked in a UKPC cinema car park. I had fixed a ticket to my dashboard window for the time that I was using the cinema with my two children, but think it might have dislodged as I closed the door. However, I presented this evidence to the debt collectors (and then also to Popla) in the form of the legitimate parking ticket for the period I was parked and also in the form of the two cinema tickets which proved I was parked and using the facilities how they were intended.

The debt collectors tell me that it is too late and that I must settle for £120 (they agreed to reduce it from £160) or be taken to court. Popla replied today to tell me that they cannot adjudicate on my behalf as the appeal was not registered in time.

I'm now very worried that I will have to pay the fine, despite being able to clearly prove that it should not have been allowed to stand in the first place. I would like to fight such unfairness, but fear court and a greater fine and the CCJ being threatened by the debt collectors. I have clear evidence which proves I was using the facilities accordingly. Should I stand my ground or should I try and clear this before it gets worse?

Worried of Wiltshire.

Coupon-mad

Forget it. Read some other debt collector threads and the newbies thread.

greyrainbows

Thanks, Coupon-Mad. Hadn't seen the sticky, but have now just spent a good hour going over all your help there (thank you so much for the time you've invested in helping others). As POPLA have rejected the appeal, I'm going to try one of the robust letters to Debt Recovery Plus to continue fighting their claim made on their clients' behalf.

I see I made a few mistakes in replying to UKPC and POPLA initially, with a rather informal and verbose (but sound) defence, admitting to being the driver and citing of mitigating issues. My main concern now is that POPLA have wiped their hands of it, when I was hoping I might have had an ally, but I will continue to fight against DRP.

Thank you for your help, and I'd appreciate hearing from anyone else who's in the same specific knot that I find myself in.

Coupon-mad

IMHO you should also send UKPC a 'Drop Hands offer' combined with a Notice of Cancellation - which is the latter part of the first appeal shown in the Newbies thread. Not written as an appeal, written just as I said, just for those 2 purposes which would be helpful to create your defence argument if a PPC tried a small claim later. Unlikely from UKPC and very defendable. Keep all letters, get pics of the signage too for your file and just sit on it after you've tried the Drop Hands Offer & Notice of Cancellation (it won't stop the letters so don't expect it to).

Were you actually too late to appeal to POPLA or was it UKPC's fault, did they sit on the POPLA code and sent it very late?

The_Deep

This is not a matter for PoPLA but the BPA, who will ignore it.

Do not get too worried about UKPC, the only time they go to court is when they are the defendants. However, if, in the next 6 years they grow a pair and initiate court proceedings, come back and we will show you how to make their eyes water.

Coupon-mad

To be fair, UKPC have tried a court claim a couple of times, I know as I wrote a defence for someone the other month when PTAS were still paying people to do so.

greyrainbows

Coupon-mad wrote: »

IMHO you should also send UKPC a 'Drop Hands offer' combined with a Notice of Cancellation - which is the latter part of the first appeal shown in the Newbies thread. Not written as an appeal, written just as I said, just for those 2 purposes which would be helpful to create your defence argument if a PPC tried a small claim later. Unlikely from UKPC and very defendable. Keep all letters, get pics of the signage too for your file and just sit on it after you've tried the Drop Hands Offer & Notice of Cancellation (it won't stop the letters so don't expect it to).

Were you actually too late to appeal to POPLA or was it UKPC's fault, did they sit on the POPLA code and sent it very late?

I was told I was too late, but never received the letter from UKPC advising that I had 30 days during which I must make appeal to POPLA.

greyrainbows

The_Deep wrote: »

This is not a matter for PoPLA but the BPA, who will ignore it.

Do not get too worried about UKPC, the only time they go to court is when they are the defendants. However, if, in the next 6 years they grow a pair and initiate court proceedings, come back and we will show you how to make their eyes water.

Thank you.