Ukpc - sorry another question

debs1505

Thanks again redx. I really do appreciate your help.
I have put exactly what ezer has above as it reads very well with no rant! The paperwork asks for address and name of keeper, PCN ref number and car reg so have added those only and will post via snail mail with copy of the PCN (and a squiggle signature!!). I will of course get a certificate of posting

Cheers once again

Redx

make sure it doesnt mention name and address of the DRIVER (they tend to put this so they can trick the keeper into naming the driver - you are appealing this as keeper)

ie:- double check everything before sending it, no naming the driver, no inferring who the driver was , keep it all in the third party , so no I DID THIS , etc

good luck

debs1505

Redx wrote: »

make sure it doesnt mention name and address of the DRIVER (they tend to put this so they can trick the keeper into naming the driver - you are appealing this as keeper)

ie:- double check everything before sending it, no naming the driver, no inferring who the driver was , keep it all in the third party , so no I DID THIS , etc

good luck

Yep, double checked and have added nothing to ezer's template other than KEEPERS name and address, car reg and their reference. Have added nothing to the body of the letter.

I'll keep this thread updated .......

debs1505

Received reply to the appeal pretty quick. Standard looking letter - thank you for your letter ........ Your case will be put on hold whilst under appeal and we will respond to you in writing within 35 working days (letter dated 16 Feb)

Castle

debs1505 wrote: »

Received reply to the appeal pretty quick. Standard looking letter - thank you for your letter ........ Your case will be put on hold whilst under appeal and we will respond to you in writing within 35 working days (letter dated 16 Feb)

It's not 35 working days, it's 35 days from when they receive your appeal.

debs1505

Castle wrote: »

It's not 35 working days, it's 35 days from when they receive your appeal.

Just double checked and the letter defo says 35 working days

ManxRed

That could work in your favour. Sit tight and start marking the calendar. Come back if you don't get anything by day 38.

Castle

debs1505 wrote: »

Just double checked and the letter defo says 35 working days

The BPA's code of practice (22.8) just says 35 days, so they can't quote their own rules right!

debs1505

ManxRed wrote: »

That could work in your favour. Sit tight and start marking the calendar. Come back if you don't get anything by day 38.

I will do, thank you. Their letter is dated 16 February so I have marked 25 March on the calendar

Castle wrote: »

The BPA's code of practice (22.8) just says 35 days, so they can't quote their own rules right!

It says it all doesn't it!!

debs1505

Ok guys and gals, received letter dated 16 March from UKPC rejecting our appeal. I've just returned from long haul flight and am a wee bit jet lagged so bear with me In brief, they raise the following:

A) You're parking charge does represent a genuine pre-estimate of loss. When you parked in contravention of the parking restrictions onsite, your contract with Ukpc was breached.......

The site in question has sufficient and clear signage......

C) Ukpc has contractual authority from the land owner to issue parking charges onsite........

D) All of Ukpc notices comply with the Protection of Freedom act 2012, the BPA code of practice and all other applicable laws and regulations.......

E) A contract can not be simply 'denied' after it has been validly constituted and then breached.......

It is denied that you have been given an 'unlawful' and 'unsolicited' invoice. You have been legally issued with a parking charge notice in line with the Protection of Freedom act 2012 and the BPA code of practise. Your offer of £18 per hour plus other expenses/damages for your time, if Ukpc continues to persure it's compensation is unambiguously rejected.......

The contract between Ukpc and youself has already concluded and all services have been supplied. There are no new obligations stemming from this contract. Attempting to cancel this contract via the Act is thus superfluous. In any case the breach and loss to Ukpc created by yourself occurred before this attempted cancellation........

A reply to your appeal does not represent acceptance of your raised points or any other offer. Your appeals is wholly redjected and it is urged that you make payment for your lawfully issued parking charge.

In light of the contents of this letter you now have a number of options-
1. Pay the parking charge at the reduced rate of £30
2. Make an appeal to POPLA within 28 days of this letter
3. If you choose to do nothing, the parking charge will automatically increase after 35 days from the date of this letter to £60 and the matter will be passed to our debt recovery agent.

That's the gist of it (it goes on for 2 pages!). Please help - jet lag has me brain dead!!

Thanks again to you knowledgeable folk, Deb