UKCPS notice to driver and notice to keeper dont match

Tamuz

Hi
A parking charge notice was attached to my car by UKCPS a month ago.
The ticket claimed I a) parked without a valid ticket or authority and b) parked in a disabled bay with no valid badge displayed.
Parking was free at the site, and the car was not parked in a disabled bay, photographs were taken as evidence.
I was slow in posting my challenge to the ticket and I think it must have been just outside of the 21 days provided by UKCPS as they do not accept online appeals, and I was too busy with work to be able to post by snail mail earlier than that. The letter explained that I would not disclose the driver, and requested details of the charges etc.
I received a Notice to keeper a few days later, except the reason for issue of the ticket was given as 'driver - passengers observed leaving the site'
Is this a valid notice to keeper, as the reason for issuing a ticket is different to that given on the notice to driver?
It also stated that the driver had been given 21 days to appeal and as this had elapsed the ability to appeal against this charge is no longer available. Do they not need to offer the ability to appeal to the registered keeper?

Umkomaas

1. UKCPS is an IPC member and almost any appeal is dismissed, so whether you appealed in time, or not, is rather academic.

2. You are now in line for debt collector letters, which can be ignored (see newbies FAQ sticky, post #4).

3. UKCPS do try the odd court case - if you receive a LBCCC or MCOL (see acronyms in post #2 of above sticky), do not ignore them, but come back for advice.

4. In the case of a court case, the contradiction in your 'offence' will be very useful, do not destroy the documents you hold (or receive in future) as they have six years to pursue this through the courts.

Tamuz

Thanks. So I assume I don't need to do anything else until they send a court notice (if they do)?

Coupon-mad

No, the sticky thread suggests the keeper sends the IPC appeal, better than completely ignoring. You could add that you have seen no evidence of any contravention because the driver contends they did not leave the site (as stated on the NTK) and they received no PCN stating this either.

DO NOT SAY 'I'.

The_Slithy_Tove

Tamuz wrote: »

I received a Notice to keeper a few days later, except the reason for issue of the ticket was given as 'driver - passengers observed leaving the site'
Is this a valid notice to keeper, as the reason for issuing a ticket is different to that given on the notice to driver?

What it does mean is that they definitely cannot use the Protection of Freedoms Act to invoke Keeper Liability. The Act states that the information on the NTK must be the same as that on the NTD. There are almost certainly other flaws in the notices, too, but this is a clear non-conformance.

The_Deep

You can also pull their tale over v.a.t.

UKCPS appears to have a problem with 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