UKCPS Popla Code ?

Lav007

Hello would like some advice on the following. We recieved PCN on the 8/11/2015 parking in a disabled bay, I was not driving due to my condition but have a blue badge but we did not realise that this was a disabled bay due to poor lighting, weather and signage. I Sent a letter of appeal by registered post. which they did not receive!! Sent again and recieved letter today rejecting the appeal. The letter says it is rejecting the appeal, saying the driver agrees to display valid badge. I was not the driver. It says we need to pay the full fee £100 or appeal. Two things ;
1. Is the the notice to driver or owner ?
2.There is no reference to POPLA , they do provide their reference number.
I want to take this further please could you advise?

salmosalaris

UKCPS are in the IPC so its the kangaroo IAS ( or not ) not POPLA for you
Was this a windcreen ticket ?

Lav007

Yes the Penalty Notice was stuck on the screen

The_Deep

You can now appeal to the IPC, where your appeal will almost certainly be rejected, (it is a Kangeroo court practicing outback justice, or you can ignore. Either way, you owe them nothing, their losses are nil, Beavis does not apply and they are probably trying to dodge v.a.t. anyway.

If, as they claim, this is contractual charge, it is a fee for parking, and thus vatable. Have they accounted for vat on their paper work?

Ask them for a vat invoice. If they ignore your request, (which they probably will), it is a useful stick with which to beat them if it ever gets to court.

More reading here
https://forums.moneysavingexpert.com/discussion/5033796=

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

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

If you suspect tax evasion report it to the fraud hot line here

http://forums.moneysavingexpert.com/showthread.php?t=5087925&highlight

Redx

Lav007 wrote: »

Yes the Penalty Notice was stuck on the screen

its a PARKING charge notice (pcn), not a penalty charge notice

ie:- its an INVOICE , a speculative invoice

no private parking company can issue PENALTY notices

salmosalaris

I think an alternative strategy needs to be employed for IPC members. uKCPS do raise claims , especially in disabled bay cases .

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 rhe basis of the purported contract entered into by rhe 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

How long after the windscreen ticket did you appeal ? How long after the event is it now ? Did you disclose the driver in your appeal ? If not we could add an important point to the letter,but need to see the windscreen ticket

Coupon-mad

salmosalaris wrote: »

I think an alternative strategy needs to be employed for IPC members. uKCPS do raise claims , especially in disabled bay cases .

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 rhe basis of the purported contract entered into by rhe 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

How long after the windscreen ticket did you appeal ? How long after the event is it now ? Did you disclose the driver in your appeal ? If not we could add an important point to the letter,but need to see the windscreen ticket

That's a decent plan and I think you are right. I'll include that when I tweak the NEWBIES thread.

Merry Christmas salmosalaris!

Lav007

Wow thank you so much for your guidance and advice���� I will try to figure out, how to post picture of the notice. I appealed 8 days after the original notice, but they did not receive this even though it was registered. So I posted it again unregistered this time 3 weeks after the original notice. I told them I was not the driver and have not disclosed the driver's name. The template response is brilliant at challenging the validity. Thank you once again

The_Deep

Love it, ignoring any one of those questions will seriously diminish their credibility in court.

Umkomaas

lav007 wrote: »

wow thank you so much for your guidance and advice���� i will try to figure out, how to post picture of the notice. I appealed 8 days after the original notice, but they did not receive this even though it was registered. So i posted it again unregistered this time 3 weeks after the original notice. I told them i was not the driver and have not disclosed the driver's name. The template response is brilliant at challenging the validity. Thank you once again

how to upload photos/ scans to the forum

to upload a photo/scan, you first need to host it on a free photo hosting site (photobucket or tinypic), copy the url, paste it here, but change the http to hxxp (or remove it all together) and we'll do the conversion. Newbies can't directly upload photos/scans until they've got a few posts under their belt

salmosalaris

If you have told them you were not the driver have a look at para 7 of POFA and see if the NtD complies with all requirements . I bet it won't.

If not we add to the letter a final point which must come from the registered keeper if they were not the driver . In the unlikely event it is compliant wait for the NtK and scrutinise it against para 8 . If this is not compliant send the point 56 DAYS AFTER the event .

I have informed you that I was not the driver of the vehicle. I am not obliged to disclose the identity of the driver and this does not affect my liability in this matter . As the Notice to Driver affixed to my vehicle does not comply with paragraph 7 of schedule 4 to the POFA you cannot rely on the provisions of the Act and hold me liable as keeper . Either take up the matter with the driver or explain fully how you believe you can .