UKPC Parking Charge Issued Office Car Park

beamerguy

IP1103 wrote: »

In this instance, I can then go back via their portal and say unless they can provide statutory authority requiring me to provide details of the driver, I will not be doing so and would reiterate my request for the POPLA Appeal Code.

This should suffice right?

NO, just wait for your POPLA code which they must
give you.

In the meantime, complain to the BPA about UKPC

UKPC is just another scammer approved by the BPA

IP1103

No issue. Thanks.

been reading through the forum. there have been occasions when people have complained to BPA and the company who has issued the charge. Having utilised the template, I have prepared the following:

I am writing to lodge a formal complaint regarding your company's refusal to issue a POPLA code, and your unlawful insistence that I must identify the driver.

Specifically:

On 29 August 2018 I raised an appeal with your company against the above PCN via your online portal as Registered Keeper.

On 29 August 2018 your Appeals Department sent me a template letter unlawfully process my appeal and stating that:

"In order to make a final decision regarding your appeal , please provide the drivers full name and address to our Appeals Department within fourteen days of this letter. Please note that a failure to provide these details will result in the registered keeper being liable for the parking charge as per the Protection of Freedoms Act 2012.”

Your letter goes on to states that:

“Failure to provide this information will give us no alternative other thanto make our final decision based on the previous information received. At this stage a POPLA verification code will be provided. the Parking charge has been on hold whislt under appeal and may be settled in full at a reduced rate of £60.”

This is a clear breach of the Protection of Freedoms Act 2012 and the BPA Code of Practice both of which make provision for the Registered Keeper to handle this matter, and most certainly do not impose any obligation whatsoever on the Registered Keeper to identify the driver, as you appear to be implying.

Accordingly I have now made formal complaint to Steve Clarke of the BPA concerning your unlawful conduct in obstructing my legal right, as the Registered Keeper, to appeal to POPLA.

PLEASE NOTE: In the circumstances I expect you to cancel this charge, however if you refuse to do so, you should send me a verification code in order that I may pursue an appeal to POPLA as the Registered Keeper as is my lawful right.

I require your reply within 14 days.


as a Newbie here i just don't want to be seen at any stage to have been doing nothing/ignoring the issue at hand.

beamerguy

Nobody said to write to UKPC in this manner.

You are talking to the brain dead anyway.

1: YOU WAIT FOR YOUR POPLA CODE
2: You complain to the BPA about the UKPC letter

Your lack of understanding this is worrying ?

IP1103

its not so much a lack of understanding its something that i have seen but I will refrain from sending anything until POPLA Code is received.

Coupon-mad

They have given me 14 days to provide the driver's full name and address in order for them to 'make a final decision regarding my appeal'.

Same as on EVERY UKPC thread, you could have searched & found to ignore it.

Yawn about this letter, yawn about the Premier Park letter the same - why does anyone post about these stupid letters anyway when they can be searched for...and when it is really obvious if you red the daft letter that you can ignore it and they will make their decision and will send the POPLA code?

Why do people want to discuss these letters? Please.

IP1103

Hi Guys raising this thread again, any help would be appreciated.

Key facts are as follows:

1. Windscreen ticket issued on 30/07 with incorrect VRN;
2. appealed on the 26/08 using the standard response as per the advice here - caveat its a hire vehicle so i asked the communicate directly with me;
3. received a letter on 29/08 requesting Keeper information - as per advice here i ignored;
4. received a letter dated 12/10 addressed to me and marked 'Notice to Hirer' issuing a new Parking charge dated 12/10 and confirming that this notice supersedes the one issued on 30/07;
5. they obtained my information via Leasing Company to whom they wrote on the 21/09 advising that there had been a contravention on 21/09;
6. Lease company replied on 28/09 providing my info.

couple of issues, PCN issued 30/07 with incorrect VRN has now been 'superseded' by another one dated 21/09 with the correct VRN but their letter (referred to in point 4 above) refers to contravention on 30/07. All of these dates are just all over the place.

Do I now need to appeal this again (within 14 days of receipt) and if so do i appeal on the standard grounds and still demand the POPLA as nothing has changed i.e. we have a legal right to park in the spot with or without a permit as our lease makes no reference to the requirement of a Parking Permit.

nosferatu1001

Well the contravention date SHOUDL stay the same, no?

BY issuing a new one they have forfeited ANY chance at Keeper liabilty, although as it was a lease vehicle there is NO CHANCE they had it anyway. They newver do.

You appeal
Require them to provide a POPLA code, and an explanation fo the incorrect VRM, and that they admit they cannot hold the Hirer / Lessee liable as they have a) provided incorrect details and b) have not provided the requied enclosures under POFA2012 Scehdule 4 para 13 and 14.

IP1103

Thanks.

28 days to pay or appeal from 12 October. looking at the dates, they wrote to Hire Co on 21/09, Hire Co replies on 28/09. having spoken to Hire Co, apparently they have an 'agreement' with UKPC to not provide the inform required under Para 13.2. (nothing in Schedule 4 of the ability of parties to agree to contract out) as such they are never going to be able to comply with the requirements.

UKPC have 21 days from the date they get a response from Hire Co this would be 19/10 (not including the date of the Hire Co's response) to let the hirer have this info. As of today - not had anything. Idea is to wait until the maximum timescale for the appeal and then appeal on similar grounds to the following two posts.

https://forums.moneysavingexpert.com/discussion/comment/69859059#Comment_69859059

https://forums.moneysavingexpert.com/discussion/comment/69767583#Comment_69767583

No intention to mention VRN just yet or the many dates. Whilst they have to send various different notices out surely the contravention date (30/07) should be uniform. across all letters. even the notice to keeper dated 21/09/18 had a contravention date 21/09/18.

nosferatu1001

We know that! BVRLA agreed years ago not to supply the documents. It means the hierer is NEVER liable as they NEVER supply the documents. Stupid of the PPCs but thats not a huge shoc.

Youve still ignored that by sending out the "first" NtK, that was wrong, theyve LOST ANY CHANCE at hirer, regalrdess of sending hirer details.

IP1103

Thanks Nosferatu. I'm new to the world of PCNs so i wasnt aware of this fact.

would you advise to then just 'appeal' on the both grounds, I.e. first one was wrong on teh basis of incorrect VRN and second one doesn't comply or should I wait on POPLA code first then attack.