Help ppeal to IAS or not - UKCPS

catrin_666

I parked on 090916 in a car park which basically that day had moved from public (council) to private ownership (permit only) as building work being done.There were no signs in the car park but I believe in retrospect there was a small one outside. Now of course there are signs all over the car park... I did not get a photo on the day as I did not see the sticker until I got home !!. They claim there were signs on the day. there were several innocent drivers parking on the day I did..we were asking each other where have the machines gone and where do we pay? there were no fine signs visible.

I am a law abiding citizen and i don't want to go to court but i sincerely believe there was no signage. I ma not the keeper my husband it. we have not had a keeper letter.

I have not given them name (signed letter The Keeper) but did appeal in writing using MSE template. Standard letter back on 04.10 offering chance to appeal to IAS.

Should I do so or not, given the information here that they are suspended from getting keeper details presumably for malpractice ? If so what are my chances. Or better just to ignore now?

Carthesis

They've been suspended from the IPC, so they no longer have access to IAS.

I'd write back to them, point that out, and note that as a result of them being unable to offer ADR via IAS they are in violation of the consumer protection regulations mentioned in the template letter on the **NEWBIES** thread, and thus cannot pursue you for the charge. Further point out to them that as they cannot go through IAS, it will make it very difficult for them to take you to court as they are not a member of an ATA and cannot use ADR to avoid wasting the courts time.

Then invite them to cancel the charge to save them a lot of time and effort.

What was the date on the postal NtK you got? Was it within 14 days of the alleged infraction?

Carthesis

Actually, scrap that.

Have you, so far, **ONLY** had a windscreen ticket on the vehicle?

If so, do **NOTHING ELSE** until you get an NtK through the post. Nothing. Nada. Not a damned thing. If you've not had anything through the post by the 5th of November, they've exhausted their options under PoFA(2012) to transfer liability to the Keeper by failing to comply with the timescales.

Even if they do manage that, then the date on which they prepare the NtK will be curious, as they have been suspended from access to Registered Keeper details from the 13th of October. They could theoretically have gotten your details in the 6 days between being allowed to apply for them and being suspended from the IPC, but I suspect they *MAY* have failed to do so. Once you're beyond 57 days from 09/09/2016, then they can't do a thing.

Coupon-mad

My reply is repeated below, from where you posted on another thread (PLEASE stay on this thread now, just one). For background for others reading this, you said you appealed by email but not giving a name, you just called yourself 'the keeper'.

OTHER PEOPLE GETTING A UKCPS WINDSCREEN PCN NOW MUST IGNORE IT - DO NOT APPEAL!

We don't know why they are banned but this is usually for racking up too many sanction points - the most serious breaches include conduct like ticketing when there are no signs up!

Actually, ask David Dunford when you email him as per the reply below (seriously, please do! He is open with his replies and if he can say, he will - probably won't!).

I think an IAS appeal might kill it (and should) but they do not have your name! INTERESTING. Trouble is with the IAS, you have to say your name and register before using it.





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They have no name to sue or pursue! It seems they may just have missed out on getting your data...

I wonder if that's the sort of thing that got them suspended? They are not allowed to ticket where there are no signs up and to do so within 24 hours of the site changing from Council Pay and Display is sharp practice.

You can ignore the letters all the time they come addressed to 'the keeper' and we do not expect they will be allowed to retrospectively get your DVLA data.

To ensure this, I suggest you email the DVLA, tell them what happened and all about this location (where it is, the fact it was unsigned and why) and expressly forbid your data to be supplied regarding this incident on xx/xx/16. Say you know that UKCPS are suspended but you need to be certain they will not under any circumstances, be allowed to get your data after their little slap on the wrist expires.

Say that the fact UKCPS have been ticketing when there were no signs up within the site and no warning of a change of enforcement, needs referring as a serious complaint to the IPC as well, to add to the sanction points record. Require that the DVLA raise this with the IPC themselves WITHOUT divulging your details because you cannot, due to the scandal that allows the IPC make it impossible for consumers to make complaints about AOS members without registering their name, address and whether they are a driver/keeper etc. Since UKCPS are not entitled to this information say that you DO NOT agree to be forced to supply it to the IPC purely to contact that ATA Trade Body.

email this guy:

david.dunford@dvla.gsi.gov.uk

Also please join our campaign, your complaint is a serious one for the Government to hear about:

https://forums.moneysavingexpert.com/discussion/5524754

...and tell your MP and Mrs May, in writing by post, what UKCPS have done and complain that the IPC make it impossible for consumers to openly contact them with complaints without registering your details in full (which in this case with a suspended company is wholly inappropriate). This prevents you and other people from complaining.

By comparison, the BPA offer an email address and do not insist on full details from a complainant. Neither are fit for purpose as they act for the rogue firms and not for consumers. Finish (IN YOUR OWN WORDS) by pointing out that the Plain Language Commission stated: "The BPA has surely become one of the most socially dangerous organisations in the UK" and unfortunately the IPC, with its questionable conflicts of interest and 'kangaroo court' of an 'IAS appeal service' (an insult to consumers) is considered far worse by people who have suffered by their conduct and that of their members.

catrin_666

Thanks


I have emailed DVLA as you suggest. I don't want to give name or good email address to IAS as they may pass on to UKCPS ( or are they bound not to)> Maybe I will ask IAS if they still do UKCPS appeals if they are suspended.

pappa_golf

http://forums.moneysavingexpert.com/showpost.php?p=71488951&postcount=3

Coupon-mad

catrin_666 wrote: »

Thanks


I have emailed DVLA as you suggest. I don't want to give name or good email address to IAS as they may pass on to UKCPS ( or are they bound not to)> Maybe I will ask IAS if they still do UKCPS appeals if they are suspended.

You won't be able to contact the IPC or IAS without giving all your details, that's the point to tell the DVLA. The IPC make complaining about their members very difficult for a genuine victim who does not want (for very good reasons) to divulge their entire ID.

catrin_666

For info y compromise position has been to WRITE to the IAS by post signed 'The Keeper' no name or address - to say I am contacting within the required 21 days but do not have computer access AND I assume an independent appeals process cannot take place while UKCPS are suspended in any case.

I have also written to a) DVLA; b)MP and C)the owner of the land which is actually there Co-op who should be more community minded.

I have no intention of caving in or paying a bean. However it would be really useful to survey the people on the forum for where companies

A) proceeded to debt collector stage
b) proceeded to court stage
c) what the court outcomes were

Then we would have accurate data

Thanks for your help. I will keep you posted as to whether a letter to keeper arrives or not.

caita

HI,
Sorry to jump in but I might have a bit more information on the same topic, as another "victim of UKCPS's claim. I got a fine claiming that I was observed leaving the site (which I have but I was not the driver).
I made a mistake of actually appeal against UKCPS via mail (as there was no other given option). I was not aware that at that time they have been already suspended.
I did not use the form suggested on this forum despite just being a keeper. My appeal got regected without reasons and I received the proposal to appeal via IAS.

@carthesis writes below that UKCPS would not be able to offer ADR via IAS, Actually, I found out that IAS still accepts appeals on claims issued by UKCPS and if the latter is suspended then it should not be possible...Am I correct here? The entire data on the claim, including car registration number can be found on their system.

What would you recommend in my case? Shall a) I write to UKCPS again using the recommended wording, b) file a claim with IAS, stating:
- using the newbie letter template wording
- mention that IPC suspended UKCPS (PS: they still state they are an IPC approved member in their letter)

-c) do nothing

Thanks!

pappa_golf

someone is telling you porky pies , UKCPS are " AOS Membership currently inactive
with effect from 13/10/2016." they may be a "IPC approved member " , but there mrembership is currantly inactive , so how can they offer an indipendent appeal system that will be adjudicated by their own trade body (hint: they have not got one)

please continue with an appeal Via the IPC , and await the outcome

I may be some time , out collecting popcorn

caita

Pappa golf, thanks for the quick reply.

Actually, I found out that IAS still accepts appeals on claims issued by UKCPS and if the latter is suspended then it should not be possible...Am I correct here? The entire data on the claim, including car registration number can be found on their system.

with effect from 13/10/2016." they may be a "IPC approved member " , but there mrembership is currantly inactive , so how can they offer an indipendent appeal system that will be adjudicated by their own trade body (hint: they have not got one)

I was able to find all my claim details when looking to login an IAS appeal online (car registration and Claim number). If they are not working together anymore, why does IAS display my data, which was only known to UKCPS? Do I misunderstand something there?

please continue with an appeal Via the IPC , and await the outcome

Could you please advise on the how-to? Do I just e-mail them?
Would you advise that I write another letter to UKCPS informing them that I reached out IPC, as I cannot login and appeal with IAS?

Thanks so much!