Ukcps pcn

Fruitcake

SirNoogle wrote: »

I had a letter with the AOS code of practice points listed in it. It's vey similar to the one salmosalaris has posted in the other thread.

As I understand it now UKCPS LTD are not registered with the BPA (I have just checked the BPA website).

If I send the original letter (template from parking cowboys) would it just be ignored - knowing now that they are not registered with the BPA?

A copy of this is below...

Withoutprejudice, except as to costs

Parking Charge Notice - Notice to Keeper *******

This letter is a formalchallenge to the issue of your Parking Charge Notice - Notice to Keeperas set out in thecurrentBPA Ltd AOS Code of Practice B.22


On ******** I was the registered keeper of a ******** ******** registration number **********.


Before Idecide how to deal with your Parking Charge Notice - Notice to Keeper, I shouldbe grateful if you would first answer all the questions and deal with all theissues I have set out below. Once you have done so, I will be able to make aninformed decision on how I deal with the matter.


I should be grateful for specific answers to all questions raised. Inthis respect I remind you of the obligations set out in the current PracticeDirection on Pre-Action Conduct.

I dispute your claim for the reasons set outbelow. Please note that although I dispute the whole basis of the parkingcharge, my main concern is its disproportionate and punitive level.

1. Yourparking charge amount claim.


Please explain on which of the following grounds your claim is based:


(i) Damages for trespass

(ii) Damages for breach of contract

(iii) A contractual sum

2. Your loss.


If it is your case that that a trespass was committed or that a contractwas breached such that your claim is one for damages; please give me a fullbreakdown of the actual losses which evidences that this parking charge is atrue reflection of the damages caused solely by the alleged parkingcontravention.


3. Your status – the creditor.


Your Parking Charge Notice - Notice to Keeper simply mentions UKCPS Ltd.Please tell me who is the actual creditor making this £100 parking chargedemand. I need to know exactly who is making the claim and in what capacity.


4. Ownership of premises.


Please tell me who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPALtd AOS CoP B.7)


Please provide me with a copy of the contract between your company and thelandowner/landholder that provides the necessary contractual written authorityfor the issue and enforcement of your Parking Charge Notice - Notice to Keeper.


6. Signage.


If it is your case that a contract has been breached or thata contractual sum is now due, please send me photographs of the signs that youdisplay and upon which you seek to evidence that a lawful and legallyenforceable contract was been entered into. Please ensure that the photographsshow the terms and conditions in a clear and legible manner. Please provide mewith a diagram showing the locations and layout of those signs at the car park.Alsoprovide evidence that the wording is in plain and intelligible language and insufficiently large print as to be legible to a driver at the car park’s entrypoint.

7.Summary

I look forward to receiving your acknowledgement within 14days and as there are no ‘exceptionalcircumstances’ your comprehensive reply within 35 days (in accordance withthe BPA AOS Code of Practice B.22.8). I will then beable to make an informed decision as to how I deal with your Parking ChargeNotice – Notice to Keeper.

If you reject this challenge or fail to address the issuesthat have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the requiredinformation (including the necessary ‘POPLA code’) so that I may immediatelyrefer the matter for their decision.

If you fail to follow any of the procedures outlined in theBPA AOS Code of Practice or your legal requirements under the Protection ofFreedoms Act, or the requirements of the Practice Direction on Pre-ActionConduct then I will make a formal complaint to the DVLA Data Sharing PolicyGroup, D16.

PleaseNote: Unless you have specifically requested it and received my expresspermission, you do not have my authority to disclose or refer this letter orany other communication from me to any other person or organisation.

Yours faithfully
Squiggle

Yes, it would be ignored because it refers to the BPA code of practice.


Just use the template appeal letter in the NEWBIES thread. That's it. Nothing else needed.

SirNoogle

pappa_golf wrote: »

without prejudice? , do you "understand" the meaning of this?




and why waffle on about the BPA code of practice and POPLa codes ?


this lot are IPC.

Thanks for your points, I did Google your first question when I found the letter template as I was unsure whether it was necessary to in my letter and found the following...

"The without prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them. One reason for having the WP rule is the public policy of encouraging parties (or potential parties) to litigation to settle their disputes out of court. The rationale is that settlement discussions (and, it is hoped, settlement itself) will be facilitated if parties are able to speak freely, secure in the knowledge that what they have said and, in particular, any admissions which they might have made to try to settle the matter, may not be used against them should the settlement discussions fail. The inclusion of the words "without prejudice" will not necessarily bring the communication within the ambit of WP privilege if it is not, in substance, a communication made in a genuine attempt to settle an existing dispute."

In answer to that question, I would say it is needed in there as it basically stops them from using I ask in the letter as evidence if they do invite me to court. I could be wrong on this, as I am not a trained solicitor, If you are one, then please give me your view on this.

The reason I have left the BPA code points in the letter is because the signage they used in the car park where the ticket was issued has the BPA logo on it still. Surely this adds ammunition to the question whether they are a legitimate company operating within legal constraints.

Thirdly, as Quinten said, I copied the letter from parking cowboys.

SirNoogle

So, instead of the PC letter use the one in salomarasis' thread? Copy below...

"Dear UKCPS
Re PCN ********

I am not ignoring your charge for a purported parking infraction but likewise I am not minded to appeal to the IAS appeal service when it lacks any transparency and possibly any independence unlike the alternative offered by the British Parking Association .
To begin our discussions , as this is purely a claim under a purported contract , and you have no statutory footing to issue penalties , I require the following information so that I can assess the validity of your claim .

1. Who is the party that contracted with UKCPS for the provision of their services ?
2. What is the full legal identity of the landowner ?
3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that UKCPS have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner .
4. Is your charge based on damages for breach of contract ?, Yes or No?
5. If the charge is based on damages for breach of contract please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking ? Yes or no
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice.
8. Please provide a copy of the sign that purportedly forms the basis of the purported contract entered into by the driver.

When I receive a full reply to all these questions I will be in a position consider my position and will furnish you with a reply.

In my opinion there is a better alternative than legal proceedings if we cannot reach agreement and that is we utilise the services of a completely independent ADR service. I would remind you it may not be looked on favourably by the court if you refuse this and I await notification from you of the services available.

Alternatively you can cancel your charge.

Yours faithfully"

Or the one in the newbies thread...

Coupon-mad

Use salmosalaris' version. You will have seen in the link I gave you that I intend to tweak the NEWBIES thread to suggest salmosalaris' version for IPC first appeal (then ignore IAS stage).

SirNoogle

Letter sent today.

Merry Christmas and thanks to everybody who has helped and offered advice!

Coupon-mad

And you know to expect a rejection letter saying you have no case, and to ignore that. So please no reply in 2016 asking what the 'next step' is - I hate it when Newbies ask that when they've already been told what to expect and already been told to do nothing (personal grumble).