Appeal as Keeper refused by UKCPS

KathyLowe

Hi, I need a bit of advice please...

I received a windscreen ticket but followed the advice here and waited for the NTK which was dated day 36 and came to my father as he is the registered keeper. I then wrote in response to the NTK on day 43 with the template provided in the Newbie sticky thread and have just received a reply. UK Car Parking Solutions have said that they are unable to consider the appeal as my appeal was presented significantly late, the appeals procedure has now closed and the parking charge will stand.

As far as they are aware I did not receive a windscreen ticket so is appealing as the Keeper 8 days after the date of NTK significantly late??! Do I write back and say this or is there a better course of action?

Thanks in advance.

ManxRed

What did the notice to keeper say about appealing, and any timeframes it mentioned?

Guys_Dad

What was the date on the NtK ? They may have backdated the NtK.


If you replied within 28 days from the date of the NtK, you should be ok.

The point is they can not send a NtK until after 28 days if they issued a PCN. That means you have until day 56 at the earliest to send in your appeal.

Refer them to POFA2012 and point out that if they fail to consider your appeal, you will refer them to the IPC as they clearly have failed to follow (a) the law and (b) the IPC AOS guidelines.

I would also appeal to the IAS stating that the operator has refused you an initial appeal and you, therefore request that the IAS instructs the PPC to cancel the ticket.

The_Deep

UKCPS operate a Contractual Charge mode. This means that they do not have to account for their losses, (GPEOL), but hey do have to charge vat

Therefore, if they have not mentioned it on their paperwork or signs they cannot claim that the amount demanded is a contractual charge, that might be tax evasion. It must therefore be damages for breach of contract or, if they own the land, trespass.

These vat implications could very well be their undoing in court, but the IAS will almost certainly ignore them at appeal as too difficult. In slower time ask them for a vat invoice and if they demur shop them to the tax evasion hot line.

https://www.gov.uk/government/organi...ng-tax-evasion

More reading here:

http://forums.moneysavingexpert.com/...5437&highlight=

http://forums.moneysavingexpert.com/...7925&highlight=

http://forums.moneysavingexpert.com/...3796&highlight=

KathyLowe

Thanks for the replies.

The NtK was dated 8 April for the parking charge on 4 March so it wasn't backdated. The NtK states that the driver was offered the ability to appeal within 21 days but that has now lapsed and appeal is no longer available.

I've written back asking for an appeal as keeper and referring them to POFA 2012 but in the meantime have received a '14 day notice before the matter is issued to Court' letter! Seems to be scare tactics, especially as the letter is barely legible in places but are they known for issuing proceedings? I'd like to avoid this if possible as my father (the keeper) wants nothing to do with it and I doubt I'd be able to do it on his behalf.

Re the VAT issue, they've stated that it was a breach of contract when the defendant did not pay the agreed charge. It was a permit-only car park so I assume the charge for not having a permit was on the sign. Does this mean they should be charging VAT?

The_Deep

With a breach of contract, they can only claim the losses, (GPEOL) and no vat is charged. With a contractual charge it is a charge for doing something they do not want you to do. They do not have to prove loss but have to account for vat.

AFAIAA, UKCPS operate a contractual charge so, if they claim breach they are trying to have their cake and eat it. Definitely one to clarify as theryy are on very dodgy ground here.

ManxRed

Does the notice to keeper explain the process whereby you can complain or raise a dispute to the IPC?

Does it explain the Complaints Procedure to the ICO, if you feel your data has been abused (which it has, by the way)?

Both are requirements under clause 3.1 of the IPC Code of Practice.

KathyLowe

Hi, I'm back again after I thought this was all over!

As advised I wrote requesting an appeal but I just kept receiving virtually identical letters from UKCPS ignoring the content of my letters. I eventually wrote telling them to stop harassing me or I would make formal complaints to IPC etc and I heard nothing more from them.

Yesterday I received a letter from Miah Solicitors demanding £160. I've read various things on the forum about Miah Solicitors but most seem to vary from my circumstances. AS UKCPS ignored my request for an appeal as keeper due to it being "significantly late" (8 days from receipt of NtK) would they have any grounds for debt recovery in Court? Should I write in response to Miah or ignore them?

Thanks in advance

Redx

no idea why you thought it was "all over" , you cannot be serious saying that

its not "all over" until 6 years have elapsed, because UKCPS could take you to court under the small claims process

you have been at "stalemate" for the last 12 months and will continue to be at an impasse until they either try court or the 6 years passes (or you pay up)

MIAH is the debt collector part of UKCPS actions and there are dozens of threads about them on here as you say

they may think they have grounds, only a judge can decide, nobody else , certainly not us

so its either respond or ignore, but please dont say you thought it was all over until 2021 or later , I would ignore anything except court papers myself