UKPC Stalling?

PJOCasey

I just need a bit of clarification please. I've followed all the advice in the Newbies post and, like a few others I've read, find the whole process, contributors advice and experiences a bit difficult to follow. Probably because we don't face this kind of bewildering legalise every day.


That said, we received a parking charge on 29.07.15 and they claim the driver walked off site. We appealed online as Registered Keeper using your template and they've written back; "Before making a final decision . . . please can you provide evidence of using the facilities on site to our Appeals Dept within 21 days of the date of this letter."


They go on: "Failure to provide this information will give us no alternative other than to make a final decision based on the previous information received, [I guess they mean the ticket and our initial online appeal] at this stage a POPLA verification cade will be provided."

At first glance it would appear that they are asking for more evidence - which we do have. From our reading of this Forum, the object of the initial appeal stage is to extract a POPLA code number. Therefore, we are a bit suspicious that this may be a devious attempt to get us to reveal our hand, so to speak, and give them time to get their answers ready to refute our evidence. Naturally they would want to know what it is we have and we are reluctant to give it to them without a POPLA verification code first.


What do you think? Is this normal and how should we respond if at all?


Thanks in anticipation.

Redx

personally, I would give them redacted copies of the evidence of patronage, no personal details (cover those up) but try to prove patronage hoping they will cancel

assuming they wont cancel, then the unredacted evidence could be used at popla (or in court)

I have done this before with PE and they cancelled once the redacted invoices and redacted bank statements were presented

remember, cancellation is better than any popla code so a side order of a complaint to the retailer or management company or landowner is also a good idea

Herzlos

Nah, I think in this case they are just looking for evidence and it sounds like they'll provide a POPLA code after the 21 days. They might be stalling to wait for an outcome from Beavis, or are just hoping you'll forget to appeal.

I'd respond to them saying something like "No further evidence will be provided. Please either accept the appeal or provide a POPLA code".

I'd also send a complaint to the BPA telling them that UKPC are refusing to give you a POPLA code in a clear breach of the Code Of Practise and ask them what sanctions are going to be applied (hint: it's none). Send a similar complaint to the DVLA as well if you feel like it.

PJOCasey

Thanks to both for your very quick if rather differing replies. Now I really don't know what to do!


Clearly one of you believes we are dealing with reasonable people, whilst the other is probably just as cynical as me.


I'd better ponder my next move a little longer.

Herzlos

Redx is probably the one to follow - they will have some hidden clause where if you spend over a threshold on site they'll cancel it for you. Sending proof of that is fairly likely to get the whole thing cancelled on the spot.

That said, you're not dealing with reasonable people so be prepared for them rejecting it and refusing a POPLA code. Complain to the retailer (and BPA and DVLA) anyway

Coupon-mad

They go on: "Failure to provide this information will give us no alternative other than to make a final decision based on the previous information received, [I guess they mean the ticket and our initial online appeal] at this stage a POPLA verification code will be provided."

That's what you want, their final decision and POPLA code. Never respond to a UKPC letter asking for more evidence. About 6 weeks later they will send your rejection letter and POPLA code anyway.

They often do this. Ignore the letter and wait.

PJOCasey

Thanks once again to all - especially Herzlos and Coupoon-mad. That's given me enough encouragement to tackle this with a shade more confidence.
Therefore, I think I'll do as my instincts tell me and keep my powder dry pro-tem.
As advised, I think a complaint to BPA about withholding POPLA code is in order too.
My only reservation is if UKPC continue to withhold the verification code and/or initiate a firm of debt collectors with all the implications for credit worthiness etc., and all that that entails.
Although UKPC say the charge is on hold whilst under appeal, they don't say until which appeal process has run its course.
Thanks all. I can't help feeling I'll be back !

Umkomaas

My only reservation is if UKPC continue to withhold the verification code and/or initiate a firm of debt collectors with all the implications for credit worthiness etc., and all that that entails.

Please don't confuse PPCs' debt collectors with credit worthiness. The only time your credit rating would be potentially threatened is if this went to the small claims court, you lost, the Judge awarded costs against you to be paid within 28 days and you foolishly forgot or ignored making the payment.

Debt collectors can't take you to court. Only UKPC can take you to court, but the only court they'll have their minds on presently is the Crown Court!

http://mafc.org.uk

HO87

+1

How would one prove that you had spent your time parked looking at, say, furniture but had made no purchase? Browsing and viewing goods are perfectly legitimate activities but then some PPC's would probably have difficulty understanding the concept of legitimacy.

PJOCasey

Good point HO87 and thanks for the reassurance on debt collectors Umkomaas.
That thought did occur to me too. What if we just wanted to compare one product with another sold elsewhere, check offers or value for money, weigh up lead-in time between order and delivery, size, shape, colour, etc., etc., etc., ad infinitum.

Redx

these are not reasonable people , they are fraudsters

I can see both sides of the argument as to if any evidence should be put forward now or at popla

I can only reiterate that I would give them redacted evidence and state the originals will be made available to popla or in court , thereby giving them a chance to cancel

I also understand the other argument of letting it time out, or stating that no further evidence will be produced at this time , so cancel or popla , as mentioned by coupon-mad

the OP will have to decide what to do based on the fors and againsts of those arguments

all the scare-mongering over debt collectors and bailiffs are the usual guff that uninformed people come out with

but as pointed out earlier, nothing of note would happen until after a court case, you failed to pay and CCJ ensued, its after all that when bailiffs and credit scores come into play

stick to the facts and the present, forget about debt collectors and bailiffs and court, cross any of those bridges if you ever get to them, its the present case you should concentrate on

ie:- the world may come to an end in sept 2016 , why worry now ?