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UKCPS - Next Steps Advice - Help!

Jam67
Jam67 Posts: 2 Newbie
edited 19 October 2017 at 12:42PM in Parking tickets, fines & parking
Hello All

I recently received a UKCPS PCN in the post. It 'invited' the RK to pay a charge of £100 for parking 'out of marked bay' when visiting the Barbican Leisure complex in Plymouth during August. The letter did state that the PCN was affixed to my windscreen. It wasn't (an example of 'ghost ticketing') and the first letter arrived to the RK in September.

I replied using the IPC Member Template that is provided on the Newbies Stickies thread employing the following questions...

1. Who is the party that contracted with your company and are they the landowner?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

I received a response earlier this week stating that they were...

'Unable to consider my appeal'.
Some further nonsense about the Independent Appeals Service (to be avoided, I know) and how it cannot now be engaged with.
That the PCN was issued under the IPC code of practice.
That the PCN stands.
That 'UKCPS can only address the factual issues of where and how you parked. We will not enter into discussions about the legality of parking on private land or of the landowners right to impose parking conditions on their property. We will only answer points relevant to the specific parking event all other points you may have made are irrelevant to the appeal.'
They stated their ICO registration number and that they have access to the DVLA database of Registered Keepers.

They also supplied some images of my car with a PCN attached to the windscreen - the one that was strangely absent when returning to my car. There was no imagery of any signage prohibiting/restricting parking where my car was located.

Am email of complaint has been sent to the landowners of Barbican Leisure, requesting that they intervene and that the PCN be cancelled. I am still chasing that avenue.

I'm now asking advice on the next steps as I do not wish to make any errors with this.
Do I now engage a Popla appeal, and if so where would I find the most suitable template?
Or do I sit back and wait for the inevitable letters threatening court action and then re-engage this forum?

Many thanks

Comments

  • Umkomaas
    Umkomaas Posts: 43,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    POPLA not appropriate for an IPC operator. You follow the NEWBIES FAQ sticky, post # 3 about dealing with the second stage appeal to the IAS. In short, don’t bother, you can’t win.

    So it’s now ignore mode for 6 years, unless you get a LBCCC or real court papers. Ignore debt collectors along the way. Keep all paperwork for 6 years too.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    there are no "next steps" , sit on your hands

    popla is not an option for UKCPS

    do as umkomaas says above ^^^^^^^^^^^
  • From my very recent experience, the following will occur:

    Appeal to NTK ignored by UK PS (more or less as you state)

    A ‘notification letter’ will arrive. Usual “do not ignore, increase costs court threats” etc etc

    This will be followed by a ‘final notice before court proceedings’

    This I would treat as (non-compliant) Letter before claim which should be responded to

    Check Danielsan’s reply in the newbies thread and adapt, the important bit being the info regarding the new protocol that came into force Oct 1st
  • Thank you all for your advice. If there are any developments or change in UKPCS tactics then I will engage this forum again. Keep up the good work.
This discussion has been closed.
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