UKPS PCN 1st appeal attempt.....need further help

fredmarklar

Hi all,

I'll try to keep this as concise as possible. In short, I received a PCN through the post from UKPS. I browsed this forum, and read the FAQ post, and sent an appeal letter back to them online.

Link to the letters i have received are here: (As a new user it won't let me post a link, so please add https:// to the below for it to work - sorry, i know this isn't very helpful to yiu guys trying to help me

imgur.com/gallery/vnfRP9q

And here is the appeal template I used and sent.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.



I have since received an appeal response that they will not be waiving the PCN.

Could anyone offer any guidance as to my next steps - Do I fight this further, or do i give in a pay the £60 fine?

Apologise if i've not included any info that you guys would like to see, but i'm not very clued up on this sort of stuff so thought i'd keep this brief to start with.

Any help you can give me would be really
Thanks,

Le_Kirk

Did you receive a POPLA code with your rejection letter?

fredmarklar

No, they don't seem have included one at all. Talks about being a member of the Approved Operator Scheme, and being audited by the IPC, but does not provide me with a POPLA code

nosferatu1001

Because they do not offer POPLA, as they are members of the IPC
They give you the IAs as an option, which you of course do not take

Did yo read further down the NEWBIES thread, which told you what to do with an IPC firm?

Coupon-mad

There is nothing to be discussed, this is an IPC firm, same as all the rest. This is fully covered in post #3 and post #4 of the NEWBIES thread about this stage of nothing.

fredmarklar

OK so just to make sure I understand this correctly, as there is ALOT of information to digest and try to make sense of reading through all of the posts...

My next play is to ignore all letters and correspondence until i receive a 'letter before claim. Once that comes through I should then request a SAR which is a request for all information they hold on me.

Next stage is to prepare a defence (evidence and witness statement) to take to court which I have to file a minimum of 14 days before the hearing.

From reading the thread, i will get no CCJ from this (As long as i pay what the court says within the agreed time), and I will most likely end up paying less than the original fine anyway?

Sorry if I've misunderstood something and thanks for all your help and guidance.

Coupon-mad

Yes, you got it, all of that is true.

No risk, no worries, and we win 99% of defended/forum assisted cases here.

The only reason to contact the PPC within 6 years would be to tell them your new address for service, if you move house. Or you could send a SAR earlier to see all their data and photo evidence as soon as you like, if it helps you to feel peaceful about ignoring them.

Certainly no trying the kangaroo court of the IAS.

fredmarklar

Brilliant. Thank you.

I certainly won't be trying the IAS - Like marking their own homework!

I'll start collating evidence now before I forget everything and file it all away for when it's required.

If I may, a few more questions to put my mind at rest....

How long do they usually take before they commence taking you to court (months, years?)

I heard somewhere that if you lose the case, you have to pay the court fees which can run into the £100s, is this true?

Thanks

Coupon-mad

If UKPS try a claim (rare) then probably it would be this year, or next.

I heard somewhere that if you lose the case, you have to pay the court fees which can run into the £100s, is this true?

No. Not in small claims, where fees are capped/small. Google court fees and you will see the fee is £25 to file a claim like this, and another £25 for the hearing.