UKCPS - “No Stopping” Parking Charge

Fruitcake

Owain1981 wrote: »

I have been told that the MP for this areal (LP) has been contacted on several occasions about this scam. She has written to the Chief Exec of Manchester City Council about it.


I work for the BBC. I ill talk to a few people, see if anyone is interested in the story.
Worth writing to the MEN also.


FYI I went through the Kangaroo Court... and was rejected. I haven't paid it though. Hoping it will go to court now.

Perhaps a follow up to the Rogue Traders programme aired a few days ago is in order.

DoaM

Umkomaas wrote: »

For Piccadilly stopping PCNs we are encouraging all new cases to be listed here - similar to BountyHunter's Newcastle Airport thread.

All current advice is detailed in this thread, all cases are the same. It will save us a lot of typing and save TD some copying and pasting!

Thanks ... I wasn't aware of that.

Umkomaas

See post #101 above.

DoaM

Umkomaas wrote: »

See post #101 above.

That presumes I had read the previous reply ...

ParkingMateUK

Hi guys,

I have a quick update on this one. I have been working with a few taxi drivers and have helped them successfully appeal all the tickets they received at Gateway House Picadilly. Now I understand the advice is either to do nothing and to simply ignore or send the standard reply, however I wanted to add a couple of things based on how I had these tickets sorted.

1. I also raised a complaint with Lucy Powell the MP in that area of Manchester and she has written to the IPC and UKCPS. Whatever the outcome, I will provide updates here. I hope there is a positive outcome for all.

2. The notices UKCPS are issuing are labelled Non POFA and Manual Number Plate Recognition, because it is non-pofa, some drivers are replying and giving away that they were the driver and then UKCPS are using that information to chase them as the driver. However, because the notice says it is non pofa, you have to appeal as keeper and because they issued after 14 days as well, I rejected liability as keeper. I sent the same letter to the operator and the IAS. UKCPS don't even bother lodging a response at IAS stage and please include a copy of the notice in your PDF letter.

3. At IAS, UKCPS have conceded most appeals, the one they didnt concede went to adjudication and was allowed.

I can post a link to a PDF copy of one of the letters I used but I have no clue how to add an attachment or I can link it via my website but I need clarification if this is allowed.

This is definitely a big scam and hopefully the Manchester CEO and MP do something about it.

Leo

Umkomaas

I can post a link to a PDF copy of one of the letters I used but I have no clue how to add an attachment

NEWBIES - HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox or Imgur), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.

Please do not use TinyPic or PhotoBucket as they drop all sorts of gratuitous and unsolicited dross on computer screens when their links are opened.

Or, read this advisory post:

https://forums.moneysavingexpert.com/showpost.php?p=72903720&postcount=7115

J.bailey

Hi,
I have also been stung with one of these penalties. My husband dropped a relative off on the 1st December & I received a letter this morning with a charge for £100 as I’ve not paid the initial penalty. This is the first notice I have received. I’ve even had to google where the incident took place and that’s how I’ve come across this thread.
I have read the thread but I’m still a bit confused.
I am planning on contacting the company but I’m sure they won’t believe this is the first notification I’ve received. Would I be best just ignoring the notice ?
I just think of it does go to court it would look bad that I’ve ignored it.

I agree that having one thread for the same penalty is good as there’s strength in numbers.

Umkomaas

Would I be best just ignoring the notice ?
I just think of it does go to court it would look bad that I’ve ignored it.

Just send them the initial appeal template (the one in blue text) from the NEWBIES FAQ sticky, post #1, then 'it won't look bad' (it won't anyway, because I can't see UKCPS ever chancing a court appearance for PCNs at this site, and especially if the majority of cases demand a Manchester County Court hearing - the current graveyard for PPC claims!).

After sending the appeal just ignore anything else unless you receive court papers - vanishingly unlikely.

ParkingMateUK

I'm sorry in advance for the long post.

Ok here is my template that has resulted in each of my appeals being upheld at the IAS and therefore cancelled. I completely understand that the advice is to use the blue template, however, some people are revealing that they were the driver when sending appeals to the operator which could then make defending a court claim harder. UKCPS have recently updated their signs at this site, so people will get caught out.

If your notice says NON POFA, Manual Number Plate Recognition and issued 14 days after the date of parking, then you can use the template below without making any changes.

Sending the appeal:
- UKCPS Website: Do not select any options which reveal the driver, simply save the letter below as a PDF and attach a copy of the notice
- IAS Website: Select Other reason and attach PDF, takes 2 mins

If anyone thinks I should amend this post, please let me know. I recommend saving the letter as a PDF and please include a picture of the notice

A picture of the notice is included because the IAS appeals assessor can only assess the evidence presented and on all occassions, they have said the notice is invalid and therefore allowed my appeals.

Your Name
Your Address

UKCPS Ltd
1200 Century Way
Thorpe Park Business Park, Leeds
LS15 8ZA
United Kingdom
IPC (International Parking Community)

Vehicle Registration Number:
Parking Charge Notice:
Date of Contravention:
Alleged Contravention: No Stopping
Contravention Location: Gateway House Piccadilly

Date of PCN Issue:

To Whom It May Concern,

I am responding to the Notice to Keeper issued on 01.01.2020, as the keeper to dispute that there was a breach of contract for the notice reference: GCL12345. I deny any liability or contractual agreement, there will be no admission as to who was driving and no assumptions can be drawn. No keeper liability can be implied until all relevant regulations in Protections of Freedoms Act 2012 have been met.

SUMMARY OF APPEAL:

The operator has clearly stated that the notice is NON POFA and uses MNPR ‐ Manual Number Plate Recognition. It appears the operator is not using POFA 2012 to transfer liability to the keeper, therefore they have no case and even if they were using POFA 2012, the notice was issued outside the relevant period of 14 days.

No Keeper Liability: As the operator is not using POFA 2012, the keeper will not be revealing the driver was and liability can not be transferred to the keeper. I am not liable, I recommend that you identify the driver and pursue them for charges and cancel the keeper liability notice. The keeper can not be assumed to be the driver, I refer you to the case of EXCEL PARKING SERVICES LIMITED ‐v‐MR LAMOUREUX Case No. C3DP56Q5 where District Judge Skalskyj‐Reynolds stated: There is no reasonable presumption in law that the registered keeper of a vehicle is the driver. It is trite law. I do not even need to rely on R (on the application of Duff v Secretary of State for Transport. Everybody knows that you cannot assume that the keeper is the driver which is why most parking companies, such as Parking Eye, always rely on the Protection of Freedoms Act 2012 and the notice should comply. The defendant denies he was the driver and the claimant has absolutely no evidence that he was the driver. It is the High Court decision of R (on the application of Duff) v Secretary of State for Transport [2015] EWHC 1605. That decision states clearly that there is no presumption in law that the registered keeper of a vehicle is the driver.

As your correspondence does not refer to POFA 2012, you cannot therefore transfer liability to the keeper nor does the keeper have to name the driver whatsoever. If you want to make use of the Keeper Liability provisions in Schedule 4 of POFA 2012 and you have not issued and delivered a parking charge notice to the driver in the car park where the parking event took place, your Notice to Keeper must meet the strict requirements and timetable set out in the Schedule (in particular paragraph 9). The keeper denies confirming who was the driver on the day as the vehicle can lawfully be driven with permission from the keeper by anyone with adequate insurance. There is no case law applicable to parking charge notices which requires the keeper to name the driver. Therefore please cancel this notice.

The notice was also issued outside the relevant period as defined under POFA section (5) which states that "The relevant period for the purposes of sub‐paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended." Please remember that the IPC code of practice confirms this when it states: Part C 5. Notice to Keeper (ANPR and Postal Notification cases) states that it must: (m) Be given to be received by the keeper within 14 days beginning the day after the specified period of parking. Therefore the parking charge notice should be cancelled in line with the terms defined under POFA 2012. Therefore under both law and association code of practice, the notice to keeper has not been issued correctly and keeper liability can not be used by the operator.
Therefore the keeper is under no obliged to provide any details or accept liability for the notice.

As the notice is invalid and has not been issued properly as required by law, It is therefore expected that the notice will be cancelled.

Yours faithfully,

Your Name
01/01/2020

Le_Kirk

[strike]Why are you continuing to post on someone else's thread? Please start your own thread and send a PM to a board guide (Crabman, Savvy or Soolin) to have your posts redirected.[/strike] Misunderstanding on my part!