6 PCN's and a historic CCJ

1505grandad

What was the date of your friend's parking event.

63realfan

1505grandad said:

What was the date of your friend's parking event.

17/10/2021, 23/10/2021, 24/10/2021, 02/11/2021, 10/11/2021, 03/11/2021

63realfan

Am I right in saying CoP is Codes of Practice? I have no clue what the correct CoP is. I know it sounds stupid but I'm still not 100% with the legislation side of stuff with codes of practice etc. I will leave that part out for now as need to send off paperwork Monday. Application sent Friday but need to finalise things today

63realfan

@Coupon-mad @1505grandad
Took me about 3 hours of scouring the forum but think I found it - 

Under British Parking Association Approved Operator Scheme which UK PARKING CONTROL LTD are a part of their code of practice states 23.1.C “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct

This is however related to a DCBL case with UK Parking Control. Does this apply to UKCPM?

1505grandad

UKCPM are IPC AoS members and luckily the parking events are subject to CoP version 8 dated 1.7.2021 (as an aside previous versions are not available  - Google shows code 404).

Link/wording below:-

https://irp.cdn-website.com/262226a6/files/uploaded/Code_of_Practice_v8.pdf

"22  Debt and Debt Collection

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are

still correct if 12 months have passed from the Parking Event before issuing court

proceedings"

Umkomaas

63realfan said:

@Coupon-mad @1505grandad
Took me about 3 hours of scouring the forum but think I found it - 

Under British Parking Association Approved Operator Scheme which UK PARKING CONTROL LTD are a part of their code of practice states 23.1.C “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct

This is however related to a DCBL case with UK Parking Control. Does this apply to UKCPM?

Definitely NOT.  This has nothing to do with the BPA Code of Practice as UKPC and UKCPM are two quite different companies. You're dealing with the latter (UKCPM) who are members of the IPC and it is the IPC's Code of Practice that is in play, not that of the BPA. 

And, to save you another few hours of searching, here's the link to their Code of Practice relevant at the dates of the parking events. 

https://irp.cdn-website.com/262226a6/files/uploaded/Code_of_Practice_v8.pdf

Coupon-mad

Do not leave this bit out.  It is vital that you tell the Judge that they breached their CoP.

For some reason, Judges seem to take more notice of that re the requirement to check addresses, than they do of the CPRs that legally require litigants to check addresses.

People who don't show the CoP or mention this breach in CCJ set aside cases, often get told by Judges that using an old unchecked DVLA address for litigation years later, is perfectly OK. Which is total rubbish under the CPR but Judges seem to het a mental block that somehow a DVLA address is 'special'!

63realfan

Umkomaas said:

63realfan said:

@Coupon-mad @1505grandad
Took me about 3 hours of scouring the forum but think I found it - 

Under British Parking Association Approved Operator Scheme which UK PARKING CONTROL LTD are a part of their code of practice states 23.1.C “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct

This is however related to a DCBL case with UK Parking Control. Does this apply to UKCPM?

Definitely NOT.  This has nothing to do with the BPA Code of Practice as UKPC and UKCPM are two quite different companies. You're dealing with the latter (UKCPM) who are members of the IPC and it is the IPC's Code of Practice that is in play, not that of the BPA. 

And, to save you another few hours of searching, here's the link to their Code of Practice relevant at the dates of the parking events. 

https://irp.cdn-website.com/262226a6/files/uploaded/Code_of_Practice_v8.pdf

Legends, thank you. I think we're finally there!!

11. The claimant has therefore breached the CoP which requires addresses to be re-checked by a trace before submitting a claim form. Under IPC (International Parking Community) which UK CAR PARK MANAGEMENT LTD are a part of, their code of practice states “22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings"

Coupon-mad

Yep.  And check your WS heading has UK Car Park Management and not UKPC as the Claimant by mistake!

63realfan

Coupon-mad said:

Yep.  And check your WS heading has UK Car Park Management and not UKPC as the Claimant by mistake!

I've literally just checked that coincidentally! Awesome. Thank you everyone