UKPC PCN - Advice on how to proceed

bdunta123

I have read through the newbie thread and read through others. Its a little beyond me and wanted further guidance if at all possible? Never been good at understanding legal stuff. It is a very informative thread and think I understand but just want to clarify.

A friend's car was parked in a busy cinema carpark on an evening. It took them 30 minutes to get into the carpark and parked. Once in the carpark it was impossible to turn around and park somewhere else due to how many cars there were and being stuck in the non moving traffic. A car pulled out of an end space, and their car took that space. At the point the driver and friend were already 15 minutes late for the movie. The driver does not have the ticket for this movie as they go to this cinema regularly once a week or so but can show proof of purchase if necessary..

On return to the car two hours later (there is no payment needed in this carpark it is unlimited and free), the driver found a PCN on their windscreen from UKPC stating that the car was 'parked in a roadway'. It would appear that the car was not in an allocated space with white parking lines at the corners. However, at the point of parking this was not clear to my friend as the car park was so full, the roadway had queuing cars and other cars had also done the exact same in the rows in front and behind, a car had just pulled out of this same space, so looked very clearly like an empty parking space to be used. There was ample room for the queueing cars to move in the 'one way' road way around the parked cars.

At first the driver decided to ignore the PCN, due to some googling about private parking companies but also upon guidance from a friend who had been in a similar situation and heard nothing. The friend has now received a final reminder letter. The driver has been on holiday for two weeks and then signed off work due to sickness for two weeks and not opened their mail box and has only just found out about these reminder letters.

The date in which it happened was the 3/3/2017 (10 weeks ago), the final reminder was on the 20/4 (3 weeks ago). It is now requesting £100 instead of £60 and states that the next stage will be debt recovery.

The original PCN yellow sticky note cannot be found. The photo identified on the final reminder letter does not show where car was parked, just the windshield.Should the driver go on the website and look a the other photos that they have, or would this be a silly thing to do in case they request information from the driver beforehand?

This is what I know about UKPC from their website: At UK Parking Control (UKPC) we adhere to the highest industry standards and are approved by the British Parking Association and fully compliant to the BPA Approved Operator Scheme (AOS) and the DVLA.

On the Newbies thread it states: In the case of CURRENT BRITISH PARKING ASSOCIATION (BPA) AOS MEMBERS ONLY, appeal online or by email at around day 26 after a windscreen PCN but as the KEEPER, not driver, using the BPA member version (blue writing) template below.

Any advice that can be given would be amazing.

Many thanks

The_Deep

Doomed, doomed I say.


http://parking-prankster.blogspot.co.uk/2017/04/ukpc-winding-up-order.html

Fruitcake

Assuming you have the NTK that was sent through the post to the keeper, it will give details of how to appeal either online, by email or post. Use whatever method it says on there.

Copy and paste and send from the keeper, who could be the registered keeper, or the day to day keeper. Do NOT send it from the driver.

Just to encourage you, UKPC are in trouble with HMRC and may end up being put out of business. You should still send the appeal and stick the knife into them, then wait to see what happens.

bdunta123

So step 1 - appeal to UKPC using the postal address for an appeal on back of the reminder letter. Do I copy and paste the blue template for popla or is this for the next stage when they refuse my appeal? Do I just write a statement of what happened and how the car park is miss managed etc first?

I only sign as the keeper and do not acknowledge who the driver is.

That right?

Fruitcake

bdunta123 wrote: »

So step 1 - appeal to UKPC using the postal address for an appeal on back of the reminder letter. Do I copy and paste the blue template for popla or is this for the next stage when they refuse my appeal? Do I just write a statement of what happened and how the car park is miss managed etc first?

I only sign as the keeper and do not acknowledge who the driver is.

That right?

You can't appeal to PoPLA without a PoPLA code, which you won't get until it has been rejected by UKPC, which can't happen until you have sent the initial appeal template.

You never say what happened. You appeal to PoPLA on legal grounds. There are a number of template appeal points already written for you to use in post 3 of the NEWBIE but you aren't at that stage yet.

Just concentrate on sending the initial appeal to UKPC. Copy and paste the blue BPA template, add the PCN number, and the name and address of the keeper. Sigh with an illegible squiggle if you have to use the post. Send it first class from a Post Office counter and obtain a free proof of posting. Do not use any other method of postage.
However, submitting it online is better if that option is available.

bdunta123

Thanks Fruitcake.

Found the online appeals page. Typed in details and got this:

Unfortunately we are unable to accept this Appeal as the Parking Charge Reference number has now been referred to our Debt Recovery Team.
We request that you discuss the matter directly with them by telephone 0208 234 6775
Debt Recovery Plus
PO BOX 411
Dukinfield
SK14 9DD

Email: Info@drpl.co.uk

Do I email them with the blue template? I have plain tickets and hospital forms which would support why I have been unable to deal with this matter until now.

Beth

bdunta123

Shall I write a robust letter like it is suggested on other threads?

Coupon-mad

Nah, ignore debt collector letters, like it says in post #4 of the NEWBIES FAQS thread.

If you waste time emailing daft old DRPlus the appeal template, they will reply with their own boring template you can read about on other threads by Googling this:

'Debt Recovery Plus MY FINDINGS'.

Yawn. Don't bother!

You did read The Deep's link, we assume, explaining that UKPC are the subject of a Winding Up Petition? LOOOOOOLLLl!!!!!!!!

bdunta123

Coupon Mad - I havent posted anything yet, but got two letters ready to send.

One to DRPlus just saying:

I am writing in response to the letter I have received from you today dated 08.05.17, reference: 3852769. I am also writing to you to due to my appeal window having closed with UKPC and not being able to submit my appeal online. I have also written to your client explaining my mitigating circumstances for late appeal.

Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:

link*

Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

I trust that I have made myself clear.

and one for UKPC saying
I note the contents of your final reminder letter and your request on your appeals website that I now deal with Debt Recovery Plus.

For your information, I have already contacted them and denied the existence of any debt
They have been told to refer the matter back to you and not contact me again

I will not respond to any communication from them again

I have been unable to make an appeal thus far due to mitigating circumstances. However, regardless of this, there is nothing whatsoever to prevent your company from considering a challenge at any stage. Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules. I would also like to bring the ADR 2015 Act that states that alternative dispute resolution must be allowed for not less than one year.
*link

Schedule 3, and specifically section 13 (e) for your reference.

It is well-established case law that, in the event of legal action, your company would be liable for the full costs of the claim regardless of outcome

As far as I am concerned, I would like to make a valid challenge. If I do not receive a clear rejection along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed

If Debt Recovery Plus are now dealing with the notice I suggest that you pass my challenge on and alert them to its urgency

Look ok?
Just want to cover all bases. If you think its better to not send the letter to DRP, then I won't.

Coupon-mad

Don't reply to DRPlus at all. And that's an old letter - there isn't an Annex A of the Practice Direction these days.

bdunta123

which bit of the template is the annexe A? Is the rest ok? Can you point me in the direction of any new templates I can send which are relevent to me as someone who has missed their appeal window and cannot submit an appeal online?