UKPC- No PCN and £170 invoice from ZZPS debt collectors- What to do???

JustAUser

Coupon-mad said:

Just use/edit the defence by @Johny86

The UKPC one? I will take a look at that, thank you. Will take my time on this defence. @KeithP says I have until 2nd May, but don't want this hanging over my head

JustAUser

 I appreciate the prompt responses and the help. I will make a defence and pop it here before sending it off. Just hoping this gets a discontinuation and nothing more, my luck hasn't been too great lately. 

Le_Kirk

JustAUser said:

 I will make a defence and pop it here before sending it off. Just hoping this gets a discontinuation and nothing more, my luck hasn't been too great lately. 

When you compile the defence, use the template at which @KeithP has pointed you Paragraphs 1, 2 & 3 and them combine that with the @Johny86 defence, seeing that paragraph 2 is a repeat of the paragraph in the template defence (don't need it twice), changing paragraph 3 to suit your circumstances and then adding paragraphs to 11.  We don't need to see the rest of the template defence from para 4 onwards as that is written by @Coupon-mad and doesn't need checking.

JustAUser

Le_Kirk said:

JustAUser said:

 I will make a defence and pop it here before sending it off. Just hoping this gets a discontinuation and nothing more, my luck hasn't been too great lately. 

When you compile the defence, use the template at which @KeithP has pointed you Paragraphs 1, 2 & 3 and them combine that with the @Johny86 defence, seeing that paragraph 2 is a repeat of the paragraph in the template defence (don't need it twice), changing paragraph 3 to suit your circumstances and then adding paragraphs to 11.  We don't need to see the rest of the template defence from para 4 onwards as that is written by @Coupon-mad and doesn't need checking.

Perfect, this is really helpful thank you  

JustAUser

I have got a response from the landlord after I made a complaint. I gave my reasons and asked for the PCN to be cancelled: 

“Thanks for your email.

 

I have received a response from UK Parking Control who manage the car park:

 

So this charge is from the 26/11/21. We sent a letter to the driver on the 01/12/21 and then the 31/12/21 (to the address vehicle is registered with DVLA) We never received an appeal or correspondence from the driver hence why it went to Debt Recovery after 30 days from the 31/12/21.

 

Kind regards”

It does not answer the question. Is it worth responding at this point? 

Coupon-mad

Yes respond and say you didn't ask them to just lazily ask their thug ex-clampers for a reply and spout what you already know!

B789

In your response, you may also want to remind them that they are jointly liable for the actions of their agents and their obvious disregard to your original questions and requests will be noted and they may be called as a witness should this proceed to court. 

(I'm not sure if they can refer to the above as a breach of any PAP)

JustAUser

@Coupon-mad and @B789 thank you both for your responses! Glad I’m not the only one who mentally scoffed at the reply. 

I’ll get the reply sorted soon as they have the power to end this scam by cancelling the PCN

JustAUser

Thank you for your prompt response. 

This does not solve the issue however as I am aware that UK Parking Control think they sent correspondence, but it makes no difference as I did not receive the means to appeal. I was only aware of this issue through threatening debt collection letters and they do not provide the resources to appeal. This is not fair. 

Regardless of the above point, I am not liable for the charge and it has been issued unfairly. I have explained my reasons in my previous email. Due to these mitigating circumstances, it was impossible for me to leave the car park in time. Additionally, I was not parked on purpose for long at all. 

The only reason I am in this situation is because I wanted to make sure that I was 1) using this car park correctly and 2) because my car broke down. It was in good faith but as a result I seem to be getting threatened on multiple occasions for a minuscule reason. I am sure this is not how you want your customers to be treated. 

This is now being escalated and I have been sent a claim form. Should this proceed to court you must know that your company is jointly liable for the actions of your agents. The disregard for my requests and questions will be noted and you may be called as witness. 

This situation is unjust. I would be most grateful if the PCN to be cancelled. 

Thank you. 

What do we think? Anything to add? Remove? 

B789

Far too pleasant. What's with all the "thank you's"? How about something a bit more robust like this?

Dear [Landowner’s Name],

I am writing to express my extreme disappointment and anger regarding the lack of assistance and accountability on your part for the actions of your contracted agent, UKPC, who have issued a speculative invoice for an alleged breach of contract which is fully disputed.

As the landowner, it is your responsibility to ensure that your contracted agents operate with honesty and integrity. However, in this case, your contracted agent acted unprofessionally and issued a speculative invoice despite my repeated attempts to cancel it.

In my previous email, I requested that you resolve this matter, but your response has completely ignored this. This lack of accountability and responsibility is unacceptable and has caused significant inconvenience and financial distress.

As the landowner, you are equally liable for the actions of your contracted agents and it is your duty to take immediate action to cancel the speculative invoice and hold your contracted agent accountable for their actions.

I demand prompt and decisive action from you to rectify this situation. Failure to do so will result in you being called as a witness in any legal action should this County Court Claim proceed to a full hearing.

I expect you to uphold your obligations and responsibilities as the landowner responsible for the actions of your agent and take the necessary steps to ensure that this speculative invoice from UKPC is cancelled immediately.

I look forward to a prompt response and resolution of this matter.

Sincerely,

[Your Name]