We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

UKCPS final notice before court proceedings

2»

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    If you just didn't realise you shouldn't have parked there
    The signage clearly wasn't prominent enough then. If it was you would have seen it.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    the fact is that the OP was not the driver so unless UKCPS have followed POFA2012 the keeper is not liable for the charge

    the driver may not have seen the signs, but the KEEPER bears no responsibility UNLESS ukcps can prove they followed POFA2012 and therefore transfer liability to the keeper (to the OP)

    the legalese letters are to point out any issues they have with the actual claim , which may include the above

    this is a legal matter, so all the paperwork is in legalese, its a fact of life
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 8 October 2017 at 8:15AM
    If they did take this to court they might struggle. PPCs deliberately avoid issuing sticking backed tickets so that they can try this con, but judges are increasingly throwing out their claims. Read this,

    https://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=parlking+fine+fluttering++ticket&gws_rd=ssl
    You never know how far you can go until you go too far.
  • BlueBell2
    BlueBell2 Posts: 14 Forumite
    How do i know if they have followed POFA2012 correctly? One of their letters states...
    "If you are the registered keeper under POFA 2012 Schedule 4 sub paragraph (8)(ii) and you have not within the last 28 days of receipt of our last letter informed us of the name of the driver, we now have the right to recover from the keeper so much of the amount as remains unpaid, shown above"

    Redx wrote: »
    the fact is that the OP was not the driver so unless UKCPS have followed POFA2012 the keeper is not liable for the charge

    the driver may not have seen the signs, but the KEEPER bears no responsibility UNLESS ukcps can prove they followed POFA2012 and therefore transfer liability to the keeper (to the OP)

    the legalese letters are to point out any issues they have with the actual claim , which may include the above

    this is a legal matter, so all the paperwork is in legalese, its a fact of life
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    explained in the NEWBIES sticky thread

    but in simple terms

    the NTK has to have the correct details as listed by the law called POFA2012 (and)

    UKCPS have to have sent this to you by day 15 in cases of ANPR or camera captures

    OR

    they have to have sent it to you between day 29 and day 56 in cases where a ticket was issued to the driver (NTD) on the day in question

    if they followed POFA2012 to the letter, the law says they can transfer liabilty to you as keeper, if they failed to folllow all the steps required, then as keeper you are not liable

    as keeper (and not the driver) you would not have seen the signage as you werent there

    other factors they have to meet too

    the IPC CoP
    A LANDOWNER CONTRACT
    SIGNAGE

    etc
  • I've had a bit of recent exposure to these scammers.

    It seems that they put a ticket on the windscreen, followed up with a notice to keeper which states on the back that the opportunity to appeal has now lapsed and no appeal is available unless "exceptional circumstances" (bit naughty that I reckon).

    They then ignore the template IPC appeal.

    They then send what they call a "notification letter" giving the keeper 14 days to pay, and also stating that the keeper had the right to appeal but 21 days have elapsed since the NTK so out of time to appeal.

    A third letter then arrives with scary red font, increasing the charge to £150 with no explanation why. It's not really an LBA but in my case I am treating it as such. (I have seen other UKCPS letters actually titled 'Letter Before Court Claim')

    In my case I am replying with an edited version of the LBA reply in the newbies thread here https://forums.moneysavingexpert.com/discussion/comment/73208118#Comment_73208118

    Don't just copy and paste, as this was written for Gladstones Solicitors and you would be writing to UKCPS so make sure you edit and read it so it makes sense.

    The important bit is the new protocol that came into force October 1st which this letter covers

    hope this helps
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.