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Letter from UKPS

This discussion was created from comments split from: MSE Parking Ticket Appeals Guide feedback.
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Comments

  • Psylocke
    Psylocke Posts: 10 Forumite
    First Anniversary Name Dropper First Post
    Hi all,
    First time poster. The advice and shares on the thread have been really intersting. I wanted to get some advice.

    I recieved a letter from UKPS Limited on 11th July saying my car had overstayed at a restaurant on the 13th June. The parking limit is 2 hours and my car was there for 2hrs 20mins, according to the CCTV images when I log in to the site. Apparently I had not responded to a PCN and had therefore missed my chance to appeal or pay £60 so now I have to pay £100.

    I wrote an email back saying I had not recieved any PCN letter so was not given the chance to pay the lower amount, appeal or get advice. They have replied saying I can pay the £60 within 3 working days.

    My intention is to write back and say that the email does not constitute the same as a PCN and that I should be given 21 days to investigate the claim, pay or appeal.

    I was wondering if there was any advice or if I should do anything differerently?
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Stop thinking about paying 
    Why would you even offer to pay 
    Ignore UKPS/Debt Recovery Plus
  • Psylocke
    Psylocke Posts: 10 Forumite
    First Anniversary Name Dropper First Post
    Thanks @Grizebeck
    What  I meant was there was no chance to appeal as per the newbies thread
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Psylocke said:
    Thanks @Grizebeck
    What  I meant was there was no chance to appeal as per the newbies thread
    So?,  you can complain to the restaurant if you wish but other then that the advice stands, you wouldn't have won an appeal with UKPS anyway
  • Umkomaas
    Umkomaas Posts: 42,885 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Psylocke said:
    Thanks @Grizebeck
    What  I meant was there was no chance to appeal as per the newbies thread
    Appealing is an absolutely futile exercise, virtually all appeals to private parking firms are routinely rejected. Do you think you have a better chance of reversing that overwhelming trend in your case?

    Your time would be better spent complaining to the restaurant and getting them to intervene and have this cancelled for a genuine patron of theirs. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Anto_28
    Anto_28 Posts: 151 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Psylocke said:
    Thanks @Grizebeck
    What  I meant was there was no chance to appeal as per the newbies thread
    You'll probs lose the appeal anyway even if they reset it and gave you 21 days. I had an absolutely solid defence and my appeal failed.

    I'm now just sat back, awaiting the court initiation so I can put an end to their BS
  • Psylocke
    Psylocke Posts: 10 Forumite
    First Anniversary Name Dropper First Post
    Thanks for all the answers. On the Newbies thread it says the first step is to appeal the PCN and always use the online appeal page, so I think I took it too literally as steps you had to follow.

    I did complain to the restaurant (Wing Yip in Croydon) but they told me their parking is handled by a thrid party and basically they don't care.

    So to be clear, should I ignore the last email from UKPS or write back?

    Also is it legal to enforce a PCN when no chance to appeal was given? On the newbies page it says 'If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.'

  • Not_A_Hope
    Not_A_Hope Posts: 822 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    I did complain to the restaurant (Wing Yip in Croydon) but they told me their parking is handled by a thrid party and basically they don't care.
    I hope you told them you will no longer be able to use their restaurant in future as this might come with a extra £100 surcharge for every visit and you will be warning all your friends and family as well as giving them negative feedback on Tripadvisor.

    Also is it legal to enforce a PCN when no chance to appeal was given? On the newbies page it says 'If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.' 
    You could send UKPS a SAR to see a copy of the NTK they suggest they sent and see if it is POFA compliant. Being the suspicious sort I think some PPCs deliberately don’t send a NTK. Guess what - it means their victim panics, tells them who was driving and has to pay £100 instead of £60. Have you told them who was driving? If so you can forget about compliance with POFA.

    If you are going to defend this you need to think about why you overstayed. Did you see the signs? Were you aware of the time limit?
  • Umkomaas
    Umkomaas Posts: 42,885 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I did complain to the restaurant (Wing Yip in Croydon) but they told me their parking is handled by a thrid party and basically they don't care.
    We've seen Wing Yip cases before. Is this particular one next to a Halfords store?  Have you written some helpful comments on their TripAdvisor site to forewarn other customers who might similarly fall foul of UKPS. 
    Also is it legal to enforce a PCN when no chance to appeal was given? On the newbies page it says 'If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.' 

    Nothing 'illegal'. Legality and the private parking world are not bedfellows!

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    just move and forget UKPS , never known them do court, they are harmless.  Anything else now is wasting your energy on them
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