Questions and clarifications (Sorry)

kman12321

Hi All,

Firstly, thank you so much for having these forums, I am currently terrified, and these have been a great help. My apologies for the length of this email, I tried to get as much detail in as possible. I appreciate everyone who takes the time to hear my position, I thank you genuinely from the bottom of my heart!

To let you know, I have read the newbies thread and subsequently learnt about popla decisions. But I feel I may have already made too many mistakes to help here, unfortunately. I’m not sure if it’s a case of, I can’t see the wood for the trees, or if I’ve misunderstood some of the posts I have read.

The issue:
At the beginning of January, I parked in a private residential car parking space, to visit a friend.
The entrance to the car park is gated and requires a code to get in. The Residential building has an office who can distribute visitors permits, the permits are associated with the residential address. I do have one of these permits, it was issued before parking and was placed on the passenger side dashboard close to the window. It always stays there for safekeeping, so it doesn’t block my view when driving. However, the issue is that the entire permit may not have been clearly visible, and whilst it is my belief the permit could be seen and read if the attendant staff at the side of the car and viewed, they are correct in that it can’t be seen from the distance and angle they took the photograph. The notice has been issued by UKPC

The mistake’s I have made so far.
I am a new driver, about 4 months in and at the time, I had been driving for maybe 6 weeks. I thought this was a genuine mistake by the parking attendant, due to the permit being displayed.
Mistake 1: I appealed online the next day, to explain the situation and that I felt the permit could be seen. I included a copy of the permit taken that evening with the parking ticket, at the time the permit offices would be closed, it was not possible for me to apply for the permit between then and sending taking the photograph. I appealed online through their website and received an automated email back stating they had received the appeal. This email was dated 8th January and contained my reference number. This was the last I heard from UKPC.
Mistake 2. On the 25th March I received a debt letter from a collections company, explaining the charge had been increased to £160. This scared me immensely as I thought the matter had been resolved. I phoned the debt collectors who explained to me, that my appeal had been rejected and they had offered me the chance to pay at a reduced rate of £15 and I have a set length of time to appeal. The person I spoke to on the phone explained that I had received a letter and an email in February.
I have categorically not received a letter or email. The person explained it may have been filtered out by spam, this is not the case, my spam filter still contains all my emails from February, I have not received one.

My next steps and queries.B]
This brings me up to my current situation today.
I have appealed, and I have spoken with the debt collectors, which as I understand from the forums are big mistakes.
So, I’m worried I’m now tied into paying.
My next step after reading the forums, as I understand it, is to write a letter of complaint to the lettings agents who look after the residential building. But I’m not sure of a few points.
1) Is this classed as a residential car park? I do not hold the letting agreement, I was visiting my friends. So, will this still apply to me?
2) I haven’t been provided with a Popla number, When I went to write another appeal to UKPC, the page for my case has been closed and I have been referred to speak with the debt collectors. Should I phone them and ask them if they have a Popla number?
3) Where do I sit with regards no not having received a copy of the rejection appeal, either by post or email. Surely email is trackable so they can prove if they have sent it. But as I have not received an email my end, it would suggest they haven’t sent this. The same for a letter of rejection. Should I phone the debt company and ask for the tracking number as proof of them having sent a letter? Can they just say they have sent something and that be enough?

As said above, apologies for the length of this email. Thankyou for any advice you can provide, it is so appreciated and much needed!

hurtbuyer

Sorry to hear of your problems - not the best start to your driving life.

I am not experienced enough to advice on the best course of action but the general advice I have read on the forums is not to engage with the debt collectors at all. Also I think since it has gone to the debt collectors, it is possibly past the stage where you can go to POPLA. The advice is also always to complain to the land owner which in this case is possibly the management company?
If they do decide to take it further, they will probably issue paper work stating that they want to take you to court (LBCC).
Since you have admitted being the driver, the POFA 2012 probably doesn't help. Hopefully one of the more experienced members will be along to guide you.

Fruitcake

Debt collectors have absolutely no powers other than the ability to send you bog paper. Ignore them from now on.

If you appealed to the scammers and haven't received a PoPLA code by about day 40, complain to the BPA and the DVLA that you have been denied your right to an appeal. The ADR Act 2015 says you should be allowed not less than twelve months to appeal.

Ask the person you visited what their lease says about parking/visitor parking/parking permits. What it doesn't say about this is just as important. Complain to the MA/HA.

Take pics of your permit in it's normal position from various angles where all of it can clearly be seen. UKPC are known scammers who were caught doctoring time stamps on their photo' "evidence." I think the scamtendant deliberately took pics at an angle that didn't show the whole permit.
You will raise this at PoPLA if you get the chance as the BPA CoP states the scamtendants must check the whole of the windscreen.
If they refuse to supply a PoPLA code because you are out of time, complain to the BPA and DVLA about the misleading photos taken by the scammers, and include your own with the permit in exactly in the same position as that on the scammers pics, with your own pics showing that it can be clearly seen.

Complain to your MP about this unregulated scam, and show your pics and theirs to prove the scamtendant is deliberately breaching the CoP in order to scam money out of you.

D_P_Dance

I am currently terrified,

Do not be, this is a very small deal. It is a scam, and, should it get to court, I am sure that a judge will recognize it as such.

These parasites have no place in residential car parks and may all soon be out of business as, on 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

kman12321

Thank you all so much for your help right now.

My next steps are:

I will apply to the BPA - And explain I have been denied my right to appeal.
I will complain to the housing associate relevant to my friend's property and explain the situation and injustice.
I will take the pictures of the permit in the same position and show how it can be seen from the side of the car to raise with Popla if i get the chance.
I will also raise this issue with my MP.

Thankyou once again for your advice, i shall update on the process!!