UKPCS Dobbed in by Employer **Appeal Upheld**

[2doordie]

Received a Parking Charge Notice from UKPCS at a car park in the east of England. Didn’t reply waited for any movement on their side, Employer received NtK and wanted to pay it and charge me. I objected, and was advised that under the POFA they would have to inform UKPCS that I was the driver.

 

Ticket issued --/03/14 employer alerted me around two weeks ago received a notice to keeper/Driver/Hirer dated --/05/14 (prying eyes) just formulated the following reply/appeal to UKPCS

 

Any constructive comments before despatch would be appreciated.

 

 

Dear Sir/Madam.

 

I wish to appeal the notice issued on the --/03/2014 at --:-- your invoice number ------.

May I draw your attention to your letter dated -- May 2014, which clearly displays the logo of the BPA and the logo indicating that your company is a BPA Approved Operator.

 

Under the British Parking Association Code of Practice section B 18.2 it clearly states.

 

“Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions that they must be aware of.”

 

Sadly the car park at ---- ---- ----- is singularly lacking in any such sign. Furthermore the signs on site indicating the specific terms and conditions and parking charges (there are no parking charges) are ill lit and unintelligible at night in March. I was certainly not aware of the signs until I returned to my vehicle to find your invoice on the windscreen.

 

THE AMOUNT DEMANDED IS NOT A 'GENUINE PRE-ESTIMATE OF LOSS'

The parking charge of £100 does not represent a genuine pre-estimate of loss to yourself or the landowner.

Car park is free, all visible units were closed at the time and there were only a few cars present, thus neither businesses nor customers at the site suffered any loss or were even inconvenienced. I believe that UKCPS are actually pursuing a claim for their own profit as opposed to quantifying an actual breach and loss.

This is contrary to the BPA AOS Code of Practice recommendations, section 19.5, which states: "If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer."

 

UKCPS NOT ENTITLED TO PURSUE CHARGES

UKCPS has not showed that it has a contract with the landowner to grant them the right to form contracts with drivers and to pursue charges in their own name in the courts. I require UKCPS to produce a copy of the contract with the landowner as without it, UKCPS is not compliant with section 7 of the BPA AOS Code of Practice and has no legal authority at this site.

 

THE ADMINISTRATION OF JUSTICE ACT 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, if he or she:

 

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

UKPCS Parking Charge Notice states

 

“UNAUTHORISED REMOVAL OR INTERFERENCE IS AN OFFENCE”

Therefore by stating that is an offence to remove the said notice UKPCS has committed a criminal offence.

 

I fully expect this appeal to be upheld and notice of withdrawal issued forthwith.

 

Yours.

[armadillo71]

That is a strong first appeal.

I would add that you require a validation code for the independent appeals service POPLA, if this appeal is rejected.

No other correspondence will be entered into.

 

 

Your company does not have to name the driver if they don't want to.

But it is probably best if you do get named as driver so that you get to deal with it correctly and get it cancelled.

[ericsbrother]

Ok was ntk deliverd between 29 and 56 days after plarking ticket slapped on screen. By blanking out the days it is uncear from your posting. If it is outside the time period then they dont have a hope in hell of getting anything from the keeper anyway. If in time fire off your letter by all means. They may well ignore your appeal but you will get a POPLA code. If they dont respond and try it on with your employer then report them to the BPA and write to POPLA anyway with a complaint of procedural misfeasance.

[2doordie]

My employer has the original NtK I'll get the dates on after the weekend, but I suspect that it will be in order.

[2doordie]

Ok was ntk deliverd between 29 and 56 days after plarking ticket slapped on screen. By blanking out the days it is uncear from your posting. If it is outside the time period then they dont have a hope in hell of getting anything from the keeper anyway. If in time fire off your letter by all means. They may well ignore your appeal but you will get a POPLA code. If they dont respond and try it on with your employer then report them to the BPA and write to POPLA anyway with a complaint of procedural misfeasance.

 

OK further info:

 

Invoice issued on 18th March

NtK dated 17th April

 

So it appears that the NtK was sent on the 29th Day and received by the company on the 22nd April, this being due to the Easter bank holiday.

[f16]

2doordie,

Timings are correct and in time.

So send your appeal letter with armadillo71's added advice.

 

No doubt it will get rejected .... But you will get a POPLA code.

[2doordie]

Thanks for feedback, sending appeal tomorrow and will update in due course.

[2doordie]

***UPDATE***

 

Just received a letter from UKPCS.

 

As a one time gesture they have decided to uphold my appeal and have cancelled the invoice.

 

Just a quick thank you for the advice given on here,

 

Cheers.