UKPS TNC Notice to keeper over 200 days later

bimma

hi guys, please bare with me

* I have done a lot of research around the parking charge notices so thought id post on here for any specific advise please. understand POFA. difference between penalty and parking charge and also BPA /DVLA keeper details link.

* I would like to clarify for legal purposes just in case i was not the driver of the vehicle at the time and i will try not to give out any info which may indentify my case. i am the registered keeper.

* As registered keeper I have received a letter in the post from TNC parking Services. (notice to keeper) stating they are acting on behalf of UKPS to recover a debt of £100 outsanding from a parking charge notice which was fixed to the vehicle i.e Notice to driver. I had no knowledge of this PCN up till this point.

* The envelope on the letter is stamped as 17/01/17 however they have done a sneeky one and dated the letter 12/01/17, thus taking 5 days off my 28 day appeal time. But i have sent a written appeal to UKPS straight away on the day i received it in post via signed for delivery,

* The letter which is the notice to keeper has been sent 203 days after the alleged contravention YES 203 days. alleged date 01/07/2016 letter arrived 19/01/2017 ? so im assuming there is no keeper liability now as they have not followed POFA section 8 rule and not sent it between 28-56 days?

so my first ground of appeal which i have sent off to UKPS is that there is no keeper liability,

my letter reads as
" I am the registered keeper of the above vehicle and I appeal against the parking charge notice on the following grounds:

The Notice to Keeper arrived 203 days after the alleged event. (6 months and 9 days)

Protection Of Freedoms Act 2012 requires that if you wish to hold keeper liable in section 8 that it is served no earlier than 28 days and no later than 56 days of alleged event.

Therefore as Keeper I am not liable for this charge and request that you cancel it.

[FONT=&quot]As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were I submit I am not liable to any charge.[/FONT][FONT=&quot]"

[/FONT]I have kept it to this as the intial appeal but if they refuse it i have further grounds to appeal to popla which are based on the rules/laws etc

but will i need any more to appeal to popla or is the above sufficient?

1) the notice to keeper does not specify a period of parking just a date. not even a time.
just reg, make , date, location (name of road) pcn. parking company name and address


2) it does not show any pics of my vehicle parked at the location its just a letter headed letter. with notice to keeper or hirer on the right side and
no pics on the letter as evidence of parking?

I have searched for the company website using the UKparking solutions name and after clicking through the website found an option where i can enter the reg and reference number of the PCN, This showed a picture of my vehicle parked on the road with a yellow ticket on it (which i assume was the PCN) and in the backgound i see a green metal fence with a sign attached to it . So i assume that is meant to be the signage?

3) the ntk mentions the car park (but it was obviously on the street0

I have since visited the location stated on the NTK and pin pointed exactly where my car was parked and it is not a car park and there is no car park there .

The car was parked on the street and i have taken pics of the exact location and there are no signs there. whatsoever?

the location on the letter is in fact a road which leads to an industrial estate. it has free flowing traffic which i assume makes it a public highway. no single or yellow signs

there are no signs on one side of it where my vehicle was allegedly parked. it follows on through to another point which has a width controlling barrier and double yellow lines on both sides of it again traffic can flow through no restrictions. but this part is not relevant. and is a 4/5 minute walk away from the alleged contravention.

So im assuming the greedy warden decided to quickly cable tie a sign to a fence and take the pic ? this is surely illegal.

there isnt a road name sign on the side where my car was parked but there is at the other end of it which is at least 100 car length if not more away and it in fact breaks up into 2 sections so you would not think that the two stretches of road where the same road.

i can provide pics if required

4) no signs means no contract?
and seeing as it a road with free flowing traffic (which needs to enter and leave the industrial estate and can follow a D shape to the main road means there is no justifiable loss to the landowner? this making it a fine /penalty which is not enforceable

[FONT=&quot]The location is openly, uninterruptedly and continuously used as a road with no restrictions to traffic flow, thus making it a highway, which is open to public use. no yellow lines etc

Also they have spelt my surname wrong on the ntk and missed a letter off ? weather this is relevant or not?

5) and the notice to keeper does not specify a discount it says its too late for a discounted amount to be paid.


any advice appreciated thanks in advance
[/FONT]

bimma

I dont want to completely ignore it. rather appeal as im not responsible for it and legally not either

Fruitcake

Please tell us which parking scammer you are dealing with. You have mentioned two different ones and the advice is different because they each belong to different trade associations.

If it is one of the IPC companies, please indicate which one as well as there are two with the name initials. Also, if it is an IPC company you cannot appeal to PoPLA.

Did you appeal to the parking scammers or to TNC who appear to be acting as debt collectors?

bimma

hi

my mistake i have corrected the typo above

UK Parking Solutions UKPS was the body that issues the original PCN and now ive had the notice to keeper from TNC parking solutions who state they have got my details from dvla so they are the creditor acting to recover the alleged debt?
TNC stated my appeal should be made to UKPS not TNC as they did not issue the PCN.

i rang the BPA and UKPS are registered

i have never had a parking ticket in my whole 17 years of driving and only heard of this last week. Im not the only person who drives my car and now i legally dont have to name the person (but after 7 months no one can remember who was driving their car at that date)

Fruitcake

Both companies called UKPS are IPC members, not BPA members. UKPC are BPA members.

bimma

here is a link to their website (confirmed its these as i entered my reg and ref number on the pay pcn and it came up)

http://ukparkingsolution.co.uk/

it states on their site they are members of BPA and also the letter from TNC states i will be given a 10 digit reference for POPLA if my appeal is rejected

i just check the BPA site and they are there as T R Luckings Ltd t/a UK Parking solutions

Fruitcake

OK, I understand now. There are so many companies with the same or similar initials it is very easy to get things wrong.

So, you now wait for your PoPLA code when the scammers reject your appeal then construct a PoPLA appeal using the template points from the NEWBIES thread, post 3, plus any relevant points from the most recent POPLA Decisions Sticky thread.

Fruitcake

That link doesn't work for me.

bimma

is there a section on here where i can get my NTK looked over for compliancy?

the issues ive noted with ntk are 1) its too late over 150 days too late!!
2) surname spelt wrong 2) no period of parking spicified just a date 3) no offer of discounted payment 4) no pics as evidence of contravention or information stating pics can be viewed on website

beamerguy

http://ukparkingsolution.co.uk/

My virus detection blocked this site as not being safe.

Be careful peeps

twhitehousescat

who applied for your info ? was it the Parking co or TNC using the wrong version of a v888?
the PPC (ticket on car) can only take a max of 56 days (+1)) to get your details if using POFa , there is a limit of 6 mths after which they CANNOT get your info , however TNC seem to be doing the "getting" using a different v888 which has not got a 6 mths cuttoff BUT TNC are in the BPA and not allowed to do this