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Ukcps

Hi
Ive read the Sticky thread several times - just want some confirmation im following the plan correctly.
Im challenging a UKCPS window ticket for "driver seen leaving area".


So far:
Received the NTK with my reg details etc
I replied with the standard template challenging the PCN
Received a letter stating my appeal had been rejected


At no point have I received a POPLA code.




Do I now sit tight, expecting debt recovery procedures?

Comments

  • Umkomaas
    Umkomaas Posts: 43,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ranno wrote: »
    Hi
    Ive read the Sticky thread several times - just want some confirmation im following the plan correctly.
    Im challenging a UKCPS window ticket for "driver seen leaving area".


    So far:
    Received the NTK with my reg details etc
    I replied with the standard template challenging the PCN
    Received a letter stating my appeal had been rejected


    At no point have I received a POPLA code.




    Do I now sit tight, expecting debt recovery procedures?

    You won't be getting a POPLA code as UKCPS is a member of the IPC AOS, whose second level appeal stage is via the IAS (not POPLA).

    There's mixed views on whether to appeal to the IAS - your choice - but more than an 80% chance of a rejection.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Appeal anyway, their anonymous rejection will be so partial, so perverse, so unlike other ADR processes as to virtually prevent them from taking you to court.

    Also, when you appeal mention their v.a.t. problem. If they are claiming contractual charge they should account for v.a.t. More reading here:

    https://forums.moneysavingexpert.com/discussion/5087925=

    https://forums.moneysavingexpert.com/discussion/5033796=

    https://forums.moneysavingexpert.com/discussion/5195437

    If you suspect tax evasion go here

    https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion
    You never know how far you can go until you go too far.
  • Herzlos
    Herzlos Posts: 16,006 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 18 August 2015 at 1:44PM
    Did they provide instructions on how to appeal to the IAS ("Independent" Appeals Service) with your rejection letter? If not, appeal to the IPC ("Independent" Parking Committee). I doubt anything will come of it but it's a 2 minute email.

    I'd also UKCPS for the required information to take the appeal to the IAS.

    Now the IAS is the definition of a kangaroo court; they promise their members an 80% rejection rate and will twist the law in some amazing ways. Appealing to them is almost certain to be rejected but is worth doing because:

    1. It costs UKCPS and the IPC money
    2. You'll get a laugh from the results
    3. It's such a mess of contract law coming from a supposed barrister, that it'll never make it in front of a judge
    4. It gives you something to complain to the SRA about
    5. It makes their statistics look even worse, should the DVLA ever bother to look into whether they should have ATA access.

    It does require a bespoke appeal, because in upside-down world of the IAS, it's up to you to prove everything, and not up to the PPC to prove anything.

    Don't waste too much time on it, because they'll reject it anyway, with crackers such as (paraphrasing) "even if the signage is insufficient to form a contract, that doesn't invalidate the contract".
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