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UK CPS Appeal Rejected (My fault) can this be rescued?

Hi

Not used this process for a couple of years now but recently got a PCN in the family.

I sent a IPC based template to UK CPS (Bpa member) and obviously got rejected.

Can i rescue this now. They want me to either

1) pay £100
2) Court/Debt Collection.

Thanks
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 31 January 2016 at 10:40AM
    the only way of rescuing it is GET THE LANDOWNER , RETAILER or Managing Agent to cancel it

    you could IGNORE it and them and MIAH and debt collection for 6 years, which is the time they have to raise a court case in the small claims court

    otherwise its pay

    there are no "quick fixes" apart from a landowner cancellation

    UKCPS dont use the BPA (although they are a corporate member of both organisations)

    for 18 months they have used the IPC and IAS only
  • Fruitcake
    Fruitcake Posts: 59,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    da51ngh wrote: »
    Hi

    Not used this process for a couple of years now but recently got a PCN in the family.

    I sent a IPC based template to UK CPS (Bpa member) and obviously got rejected.

    Can i rescue this now. They want me to either

    1) pay £100
    2) Court/Debt Collection.

    Thanks


    If you used the IPC template from the NEWBIES thread then you ignore anything and everything except real court papers or an LBCC. As above, complain to the landowner/retailer whilst you are ignoring.
    I married my cousin. I had to...
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  • da51ngh
    da51ngh Posts: 24 Forumite
    Is there an easy way to find the land owner?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 31 January 2016 at 10:45AM
    the land registry (for a fee)

    you can read a lot of good advice about this PPC and their methods in this previous thread

    https://forums.moneysavingexpert.com/discussion/5367654
  • da51ngh
    da51ngh Posts: 24 Forumite
    If I give the retailer an email - how is the best action to proceed. I.e a letter/email confirming they are happy with this. Or do I get them to speak to UK CPS.

    Ta
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 31 January 2016 at 10:54AM
    you get the business or owner that made the contract with UKCPS to contact UKCPS and get the charge cancelled, probably under the t & c`s of that contract

    until this is done and you get either side of that contract to cancel this charge, the charge remains live and UKCPS (or the other party) can take court proceedings

    so in simple terms, you get the "other party" in that contract to tell UKCPS to cancel the charge and get that in writing, keeping it for 6 years just in case it reappears in court papers etc

    so one of those 2 parties who entered into that parking contract must be willing to cancel this invoice and you need written evidence to prove that the invoice has been cancelled , until then its a valid invoice (even if its not able to be enforced in a court)

    its only a valid invoice if its tested in court and a judge says so and awards them a judgment, until then its a disputed invoice and to win you need written evidence to help to prove your case
  • Umkomaas
    Umkomaas Posts: 44,472 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    da51ngh wrote: »
    If I give the retailer an email - how is the best action to proceed. I.e a letter/email confirming they are happy with this. Or do I get them to speak to UK CPS.

    Ta

    Go in to see the manager initially (not customer services), if that doesn't work email/write to the CEO of the company.

    If they're going to cancel they will need to inform the PPC to do it, if they are going to do so, they will know how to do it.

    If they tell you they will cancel it, ask if they'd confirm it in a quick email to you.
    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
    This company may be evading v.a.t. 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









    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 162,298 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 31 January 2016 at 5:01PM
    da51ngh wrote: »
    If I give the retailer an email - how is the best action to proceed. I.e a letter/email confirming they are happy with this. Or do I get them to speak to UK CPS.
    Not a friendly 'are you happy with this' or 'could you have a word with UKPCS' email.

    A complaint email, assertively but politely written (not friendly, not an 'appeal', no excuses, no 'my fault'!). Write saying you expect this unfair charge to be cancelled, expect them to TELL UKPCS to cancel it because you know they are agents who will cancel if instructed by the landowner/retailer.

    And a threat of debt collection is nothing. It's a threat saying 'pay up or else we'll...get some random firm to send you letters'! A big fat 'so what' to those letters. Most cases never go to court but are defendable if so.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • da51ngh
    da51ngh Posts: 24 Forumite
    well nearly a year on from this where i never bothered to proceed with anything to chance it.

    a letter dated on the 22nd sep, to Pay up £100 final offer or risk court.

    Ive only just come home to open it so a week has passed which is what i was given..

    opinions on where to proceed now?

    Thanks
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