UKPC Parking Charge Notice issued with wrong VRM on the notice.

nili170 · 27 March 2023 at 11:21AM

Dear All,

Please can I have your help / guidance for the following:

Summary of situation: Issued a parking fine because UKPC alleged the permit was not valid. Issued parking fine to wrong VRM (used LS20 not LS60). However, UKPC have uploaded photos of the car with the PCN ticket that contains the wrong VRM on the car, and the actual car VRM on the UKPC portal. UKPC have not changed the Parking Charge Reference Number (PCRN) for correct VRM and have sent a NTK letter after 28 days (with the PCRN for the wrong VRM). Pictures of parking fine issued and the NTK letter attached.

I have drafted the following response to appeal the parking fine. Please let me know if this is adequate or if it can be improved.

Really appreciate any help so that the appeal can be sent within 28 days (next 3 days)

Thank you in advance.

My appeal:

Dear Sirs,

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

I have just received your Notice to Keeper XXXXXXXXXXX for vehicle VRM LS60 XXX. No Notice to Driver for vehicle registration LS60 XXX was given, therefore the strict requirements of Schedule 4 of The Protection Of Freedoms Act 2012, Paragraph 8 have not been met. Thus, the keeper cannot be liable. NTD for a completely different vehicle was left on your vehicle.

You have also failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012, namely, but not limited to, failing to deliver the Notice to Keeper within the relevant period of 14 days as prescribed by Paragraph 9 (4) of the Act (Note: the 14 days starts the day after the date of the alleged parking event); section 7 Notice to Driver (windscreen PCN) which stipulates the following:

7(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1).(a). is given in accordance with this paragraph if the following requirements are met.

(2)The notice must

(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

Thus the Notice to Driver is also void. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Kind regards,

Keeper of the vehicle.

Half_way · 27 March 2023 at 11:29AM

It's not a fine, and why is a permit required to park? Is this your own space?

nili170 · 27 March 2023 at 11:36AM

Its for underground residential parking. These require a permit. I was issued a temporary parking permit by concierge - but the building manager deliberately chose to overrides the ticket and call UKPC to issue a ticket on the car. However, the person issuing the ticket typed wrong registration on the PCN.

Umkomaas · 27 March 2023 at 11:44AM

Kind regards,

Please don't end a serious business letter with that. Your salutation 'Dear Sirs' is entirely correct, but the letter needs to be completed with a 'Yours faithfully'.

B789 · 27 March 2023 at 11:44AM

Minor keying error... fine invoice UKPC £20.

I'll get my hat...

nili170 · 27 March 2023 at 11:46AM

So is my letter above too detailed? I just need to appeal that I am not the registered keeper of a vehicle with "incorrect VRM." to UKPC? The photos show the VRM but the ticket that was issued to wrong VRM was on the car and they have used the same PCRN.

Fruitcake · 27 March 2023 at 12:23PM

Sorry, I thought the VRM on the NTK was incorrect as well.

That being the case, your appeal is mostly okay but you need to state that since no NTD for "correct" VRM was left on the vehicle, then the NTK is incapable of holding the keeper liable in accordance with para 8 of the PoFA, and arrived too late to hold the keeper liable in accordance with para 9 of the PoFA 2012.

Add that a piece of litter with "incorrect VRM" was left on the car, but since this is not the keeper's vehicle VRM then it cannot constitute a valid NTD.
Do mention the NTK carries the same PCN ref number as the NTD for someone else's vehicle that was left as litter on your vehicle.

I do like the idea of quoting the BPA's CoP back to them about a major keying error having occurred and therefore the PPC should pay you the BPA's going rate of £20 to cover your admin costs.

Save the evidence for PoPLA.

This is after Plan A has been attempted.

I still think you should complaint to the BPA and the DVLA.

Make sure that the driver's identity is not revealed. Do everything as the registered keeper.

B789 · 27 March 2023 at 1:16PM

Fruitcake said:

I do like the idea of quoting the BPA's CoP back to them about a major keying error having occurred and therefore the PPC should pay you the BPA's going rate of £20 to cover your admin costs.

Sorry, they were lucky it was only a "minor" keying error (1 digit). My terms and CoP state that for a "major" keying error, the AOS member has to be wound up and permanently struck off.