UKPS - Shall I appeal?

SJMIDS

Apologies for the long post in advance.

A local barber rents a shop which has a small carpark behind. The landlord changed their policy from allocated spaces for customers to permit holders only however the signage isn't clear from inside a vehicle. (it still names the shop but customers can't park there). The vehicle in question parked in the spot for 30 minutes whilst the driver was using the services of the barber and subsequently, a PCN has been received. UKPS, who apparently have a contract to enforce this, have CCTV footage showing the driver and the vehicle in question.
I appealed the PCN as they didn't send the correct information under POFA 2012 using the following text - a mashup of templates from here! 

Dear Sir,

Parking Charge Notice XXXXXX: Vehicle Registration XXXXXXX

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by UKPS Ltd (“UKPS”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why UKPS’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that UKPS has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

I shall also require the following information

1. Who is the party that contracted with UKPS for the provision of their services at the site of the alleged to have taken place in R/O 4 Station Avenue, Tile Hill, Coventry?
2. What is the full legal identity of the landowner?
3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that UKPS have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner .
4. Is your charge based on damages for breach of contract? - Yes or no?
5. If the charge is based on damages for breach of contract, please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.
8. The signage to the site from a seated position in the vehicle as it enters the car park is impossible to read. Please provide a copy of the sign that purportedly forms the basis of the contract entered into by the driver for my records.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

To which they have just replied:

Appeal Response - PCN: XXXXXX - VRM: XXXXXXX

 

Dear X,

FULL & FINAL RESPONSE WITHOUT PREJUDICE:

Thank you for your recent communication concerning the above Parking Charge.  Please rest assured that our Appeals Manager has personally reviewed this case and carefully considered the various points raised.  Their view, however, is that the Parking Charge is neither unreasonable nor unjust and so we will not be waiving this parking charge.

This is private land that the landowner has designated for permit holders only. The signage is clear and has been audited by the UKPS Limited company lawyers and the IPC.

UKPS Ltd is still trying to resolve the situation and still willing to accept the reduced rate fee of £60, this offer is available for the next 7 days after which it will revert to the balance without the price reduction.

The contract that UKPS Limited has with the owner or occupier of the land (which authorises UKPS Limited to enter into a contract with the driver requiring the payment of Parking Charges in respect of parking of the vehicle on the land) contains a confidentially clause and as such we are not in a position to provide the contract to you.

As a member of the Approved Operator Scheme, UKPS Limited are audited by the IPC to ensure that we have all relevant contracts in place.  UKPS Limited will provide the court with a copy of this in full if they require it, or can provide a written statement to this effect from those party to the contract.  We are also more than happy to provide confirmation to the independent assessors that we are authorised to manage parking at this site.  We can confirm that parking management at this site has been contracted to UKPS Limited.

All of our signage is fully compliant with the guidelines set our within the IPC Code of Practice and we reject the notion that it is in any way unclear or ambiguous.

The highest court in the UK, the Supreme Court, has unambiguously confirmed that parking charges issued on private land are fully enforceable.  In the case of ParkingEye v Beavis (2015) UKSC 67 their Lordships stated that private parking charges were enforceable because they served a legitimate interest and were in the interests of the public generally.  The case confirmed that the amount of the charge does not have to reflect any loss that might have been caused by breach of the terms and conditions of parking.

The Supreme Court decision is binding law on all other courts throughout the UK.

Another Court decision: (Link to BBC news - Tayside/Central

Please be advised that all photographic evidence can be viewed by typing:

pay.theukps.com

in to you top address browser.

We appreciate that this is not the outcome you will have hoped for.  Unless you have any additional information that you have not already brought to our attention this decision is final.

In light of the contents of this letter you now have a number of options:

1.    Payment offer of reduced rate for the charge above at the reduced rate of £60; to UKPS Limited.  PLEASE REFER BELOW FOR PAYMENT OPTIONS AND ADDRESS DETAILS.

2.    If you are not happy with our decision you can contact the IAS (link) standard Appeals service within 21 days of this appeal being declined.

By law we are also required to inform you that the Ombudsman Services (link) provides an alternative dispute resolution service that would be competent to deal with your appeal.  However, we have not chosen to participate in their alternative dispute resolution service.  As such should you wish to appeal then you must do so to IAS, as explained above.

3.    If you choose to do nothing the parking charge will automatically increase after 7 days from the date of this letter to £100 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £60, in accordance with our terms and conditions of parking and further charges will be claimed if Court action is taken against you.  Any unpaid Court Judgement may adversely affect your credit rating.

PLEASE DO NOT IGNORE THIS LETTER, UKPS LIMITED REGULARLY TAKES MOTORIST TO COURT WHO IGNORE THEIR PARKING CHARGES.

Payment Methods
Bank Transfer
Account UKPS LTD 
Account No: 25006760
Sort Code:     30-99-15

Or Cheque / Postal Order
UKPS Ltd
Central Office
The Hangars
Harbury Lane
Leamington Spa
CV33 9SA

Kind Regards

UKPS Ltd Appeals Team


UKPS Ltd
Central Office
The Hangars
Harbury Lane
Leamington Spa
Warwickshire
CV33 9SA
Phone: 01926 356 747
Email: info@theukps.com

It seems outrageous that they are effectively self-policing! It isn't about the money but it rankles that they effectively do what ever they want.
Do I just pay or is there anything I can do?

Many thanks for any help.

Fruitcake

PoPLA was never an option and the IAS kangaroo court should never be used.

Other than landowner and MP complaints, the advice in the NEWBIES is to ignore anything and everything except a court claim from now on.

Come back to this thread if that happens where you will get all the help you need. It is very rare for a parking scammer to get the PoFA right where hire/lease cars are concerned, and MSE has an excellent success rate against the scammers in court.

D_P_Dance

 at which point you will be liable to pay an additional charge of £60, 

Very likely to be unlawful  read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Do I just pay or is there anything I can do?

Have you not read the stickies?   They contain a mass of information on how to deal with these invoices.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

beamerguy

Don't we get fed up with these scammers.  UKPS are one of those scammers and members of the scam IPC.
DO NOT PAY SCAMMERS but as they are saying a fake £60 will be added if passed to debt collectors ???
Debt collectors in the parking industry have no power and are generally considered idiots. So as you have dealt with one idiot, just wait until the next idiot contacts you, probably a sewer rat called DRP

Now you can either ignore the debt collector or if you get their toilet paper we can have fun with them so come back here.   If you ignore these letters, next stage is threats from the most incompetent solicitor in the UK, they being Gladstones.  Right now Gladstones are being spanked by the courts for adding this fake £60 and it;s called ABUSE OF PROCESS.  Here are some cases:-
Gladstones told by Judge .... added £60 NOT LAWFUL
https://forums.moneysavingexpert.com/discussion/comment/76692888#Comment_76692888"nofollow" href="https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261">https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261"wet behind the ears" rep.
https://forums.moneysavingexpert.com/discussion/6017649/county-court-claim-private-pcn-from-uk-cpm&page=4
The judge said the £60 in not lawful and claimant rep said they no longer are seeking it (so only the £100). ???
GLADSTONES CAUGHT OUT IN COURT AGAIN

READ ABOUT ABUSE OF PROCESS HERE
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1

The moral of this story is do not pay scammers like UKPS, ignore debt collectors and with our help we will get Gladstones spanked in court again ........ you can then claim your costs

PS: No point appealing to the IPC, it's a scam set up by ...... GLADSTONES THE INCOMPETENT

SJMIDS

Thanks, Beamerguy, that's very helpful - just have received a letter from DRP as you said! Shall I ignore it or what?

D_P_Dance

SJMIDS said:

Thanks, Beamerguy, that's very helpful - just have received a letter from DRP as you said! Shall I ignore it or what?

Read the stickies/Newbies thread at the top of the index page.  

Coupon-mad

Do I just pay or is there anything I can do?

Are you serious? 
Did you miss the NEWBIES thread about not doing IAS but winning in court?  

D_P_Dance

Stop asking these basic questions, the answers are in the newbies.