UKCPS pcn

Ashover

Apologies if this has been covered elsewhere, I have searched but didn't find anything with similar circumstances.
I've received a pcn from UKPCS stating that my car was parked in one of their car parks and the driver left the site, there is smaller print on the car park signs stating that drivers shouldn't leave the site.
As the registered keeper I feel that they should have to prove that whoever was driving did indeed leave, should I ask for proof that they did other than one employee's word against the driver's?

Redx

Won't matter what you say or do

The newbies thread has a blue text template for the keeper to appeal as keeper, which will be rejected

After that you can let a judge decide in small claims court within 6 years which should answer your questions

Le_Kirk

HERE is one I found by using the "Search this Forum" "Advanced Search" left site as Keyword, change threads to posts.

Fruitcake

Edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.

Do this before you do anything else.

Next, the keeper should send the appeal template in blue from post 1 of the NEWBIES. Add a one liner that the site boundary is not stated or defined on the signage, and they have provided no proof that the driver left the alleged site.

Get pictures of the site and signage as soon as possible. Scammers have been known to change signage after an alleged event, and even during the appeal process.

The keeper should also complain to their MP about this unregulated scam.

Ashover

So much for my searching ability!

joshxs

I have also just had something similar from UKCPS, the only trouble is that the letter has been sent to an old address of mine - I still own this house, but I currently rent a property elsewhere due to work commitments. The letter was dated 29th May, and I have a second notification letter dated 27th June, I only managed to pick these up yesterday.

Is it still possible to appeal?

KeithP

joshxs wrote: »

I have also just had something similar from UKCPS, the only trouble is that the letter has been sent to an old address of mine - I still own this house, but I currently rent a property elsewhere due to work commitments. The letter was dated 29th May, and I have a second notification letter dated 27th June, I only managed to pick these up yesterday.

Is it still possible to appeal?

The answer to your question is - yes.

For more comprehensive guidance you are best advised to read the NEWBIES FAQ sticky thread, and if you have further questions then please start your own thread.

joshxs

Thanks Keith, I had a read of the Newbies section - there is a LOT of info in there, I will go back for another go...

The_Deep

Leaving site claims are often treated by judges as a trifling matter.

https://en.wikipedia.org/wiki/De_minimis

and an MP recently in the HoC voiced the opinion that they might be contrary to The Human Rights Act. In my opinion they amount to an unfair term in a consumer contract.

https://www.gov.uk/government/publications/unfair-contract-terms-cma37

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Ashover

Many thanks for this very helpful information, it's pleasing to know that "leaving the site" is often not taken too seriously. I have contacted my MP and will also be raising the matter with the local council (not that I expect too much from that!).
If I could ask one more question please, as an appeal will be rejected, is it worth going through this process?

KeithP

Ashover wrote: »

If I could ask one more question please, as an appeal will be rejected, is it worth going through this process?

Appealing shows that you have tried to resolve the issue before any court action.

Not appealing could, I suppose, be seen as unreasonable behaviour.