UKPS Ltd - Parking Charge Notice

Coupon-mad

Good. Served late, so it's a driver-only PCN.

They can't hold the registered keeper liable then. I'm sure you realise why NOT to say who the driver was (the only possible liable person).

Show us that PCN so we can check the wording because they are not allowed to suggest that a 'registered keeper will be liable under the POFA 2012' if they cannot serve the PCN within 14 days. I am wondering if their wording says that? If so, you can report them to the DVLA.

As a newbie, you will need to host the picture or scan of both sides of the PCN (name & address and VRN and PCN number covered) in tinypic or Dropbox or something, then you must change the URL link to break it. You can't post a working link yet. Most newbies change 'http' to 'hxxp' in the URL or add gaps to the link, which we can then rebuild to a working link to see the PCN wording.

carolec

Will do as soon as I've figured out how to do it lol.

In the meantime, I'm not sure if it makes any difference but nowhere in the PCN does it mention anything about POFA 2012 and I've read it back to front about a dozen times now.

Coupon-mad

OK (it is not about mentioning the Act itself) but does it say the registered keeper will be liable after 28/29 days?

carolec

It states "Please be warned: that if, after the period of 28 days beginning with the day after that on which the notice is given - the amount of the unpaid parking charge specified in this notice has not been paid in full, the case will then be passed to our Debt Recovery Agent which may escalate to court proceedings to recover the amount owed".

Coupon-mad

Ah that's not a POFA PCN then, just one that could be aimed at a DRIVER if they knew who that was...and you are never going to enlighten them.

Check mate! You (registered keeper) cannot be held liable so you may as well sit tight and ignore them. Come back if they try a small claim, very defendable and a keeper never has to say who was driving, to a private firm.

carolec

So I'll just ignore it then.

I'm still trying to figure out how to post the pics of the back and front btw. I've managed to upload them to Tinypic but I can't work out how to do the next bit. I'm really beginning to think I am stupid lol.

Guys_Dad

carolec wrote: »

So I'll just ignore it then.

I'm still trying to figure out how to post the pics of the back and front btw. I've managed to upload them to Tinypic but I can't work out how to do the next bit. I'm really beginning to think I am stupid lol.

I wouldn't.

I would write back with either the standard NEWBIES 1st appeal or a one-point appeal stating something along the lines of

"I am the registered keeper but there is no admission at this stage as to who was driving.
As registered keeper, I can only have the liability passed on to me from the driver if you have served me with a compliant Notice to Keeper as specified in POFA 2012.

Your NtK fails the mandatory requirements in a number of ways, but the main indisputable one is that it is out of time. POFA gives you 14 days to get the NtK into my hands and a NtK dated 13/2/17 for an alleged contravention on 26/1/17 clearly fails that condition.

I now invite you to cancel the PCN as you can see would be unlikely to win in court (please take your own legal advice) and, should you not do so, then I will take my own action against you for continuing to process my data in clear contravention of the Data Protection Act as you now have no reason to retain or process my data."

Caveat :- is there any way they can claim that a windscreen ticket was left and it may have been removed by a 3rd party. If so, ignore above and come back.

carolec

Guys_Dad wrote: »

Caveat :- is there any way they can claim that a windscreen ticket was left and it may have been removed by a 3rd party. If so, ignore above and come back.

Well strictly speaking I guess so but the car was literally left for no more than 5 minutes so I would have thought this was unlikely. Not sure if it makes a difference but the PCN includes 2 photos both date and time stamped, one of the vehicle and the other of one of the signs. Does this mean they used ANPR or could it have been a person taking the pics?

Guys_Dad

Depends on the photos.

Could an automatic camera have taken your car photo? Is there an observed from and to time? Can you prove it was only 5 minutes or can they disprove it?

Lots of possible avenues of defence but look up IPC code of practice and see "grace periods" (easy to find on Google) for a start.

carolec

Guys_Dad wrote: »

Could an automatic camera have taken your car photo? Is there an observed from and to time? Can you prove it was only 5 minutes or can they disprove it?

Not sure about cameras, I'll have to go and have a look to establish if there are any.


No observed from and to time.


The photos are time stamped and the driver could probably obtain proof from the Bank of the time of the transaction, however, I guess that doesn't prove that the driver didn't go somewhere else either before or after visiting the bank.