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    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
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UKCPS again


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So on Friday night I picked up another PCN from UKCPS. I parked in a disabled bay as one of my passengers is disabled and holds a valid badge, so you can imagine my confusion when we returned to the car a few hours later to find an NTD on the windscreen. As it transpires, the badge must have slid off the dasboard when I closed the car door as I found it face up on the passenger seat, but still clearly visible if anyone had taken the time to check.

 

I'm aware that since the last time I challenged and beat UKCPS, they've jumped ship from the BPA to the IPC (probably fed up of being thumped six ways from Sunday by POPLA and losing money hand over fist) so I'm curious to see how this one plays out with IPC and IAS (if it gets that far).

 

I know that disabled bays are legally nothing more than nicely painted bits of tarmac but am I right in thinking that the Disability Equality act will blow any claim for damages cleanly out of the water?

 

Cheers

CD

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Disabled badge's have no legal relevance on private land. Don't bother about disability act. Just focus on gpeol. Ukcps are the laughing stock of parking companies and ALWAYS mess up big time.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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That would be my plan of attack normally, however I've heard that IAS don't allow appeals based on GPEOL, since as far as they're concerned, their poorly disguised penalty charges are justified. Hence my desire to have a backup argument prepared.

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Doesnt matter. If they are stupid enough to even consider legal action, you have a cast iron defence, and could ask the court for costs too. I see what you mean though. get them on pretty much everything you can.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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get them on pretty much everything you can.

 

Oh I will, don't worry about that :)

 

I really only posted this thread for information sharing purposes. There's tons of info on here and other websites regarding BPA and POPLA (template appeals, copies of adjudicator rulings etc) but comparatively little information about how to deal with IPC and the IAS, so it's my plan to try and get some insight into how they operate.

 

Watch this space, I'll update further when the NTK arrives.

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IPC and all that jazz are maintained by the PPC's, so they think they are untouchable. Thats why POPLA was started, then once PPC's realised the public were on to their little money making scheme, the worst ones jumped ship.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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That would be my plan of attack normally, however I've heard that IAS don't allow appeals based on GPEOL, since as far as they're concerned, their poorly disguised penalty charges are justified. Hence my desire to have a backup argument prepared.

 

 

It all depends on the wording of the signage and the NTK that you should be waiting for...

 

PPCs struggle to word anything correctly and IPC members go down the contractual charge route... or think they do.

 

Post up a picture of the signage so we can have a look.

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  • 5 weeks later...

The latest piece of waste paper has arrived from UKCPS. See attached.

 

Some interesting points of note;

 

Both BPA and IPC logos present, yet UKCPS are now only members of the latter.

 

Payments received which are not accompanied by the PCN number and vehicle registration number will be cashed but the creditor will be unable to allocate the payment to the correct PCN. The parking charge notice will therefore remain unpaid and enforcement action will be taken.

 

How understanding of them, so if someone sends them a cheque for £100 but forgets to include the PCN number, they cash it anyway and continue to chase you for more money. What lovely lovely people.

 

Appeals

At the time that the charge was incurred, a Notice to Driver was affixed to the vehicle. This offered the driver the ability to apeal within 21 days from its imposition. This opportunity has now lapsed and we regret the ability to appeal against this charge is no longer available.

 

Oh dear, so as the keeper who wasn't driving on the day, this could potentially be the first you'll hear about the issue, yet they won't accept your appeal. However..

 

If you consider there to be exceptional circumstances as to why you should be allowed to appeal outside of this period then you should send your reasons to us, in writing, at the above address.

 

Why I think I might just do that. How nice of them, how philanthropic...

 

-ADVICE NOTE-

This is a parking charge and not a penalty or fine.

 

Yeah, right, whatever you say.

 

The car-park operator has agreed to keep to a code of practice, which states that the parking charge issued cannot be unreasonable or used as a penalty.

 

Well, that sounds just dandy doesn't it? A £100 charge for parking in a free car park can't be unreasonable, just because they said so, or something....

 

I've just drafted up my challenge, for a bit of a giggle I've included the following at the end;

 

By continuing to pursue me you are entering into a contractual agreement whereby you agree to pay me £500 (reduced to £200 if paid within 14 days) when I prevail.

 

Appeal will be sent with proof of postage this afternoon. On my previous run-in with UKCPS (back when they were with the BPA) they folded like a deck of cards at my first appeal. Somehow I don't think they'll be quite as willing to back down this time.

 

Game on.

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One other thing I just noticed upon re-reading the form.

 

No mention of POFA 2012 at all. The only thing which hints at it is;

 

Please be warned: that if, after the period of 28 days beginning with the day after that on which the Notice is given (i) the amount of the unpaid PArking Charge specified in this Notice has not been paid in full, and (ii) we do not know both the name of the driver and a current address for service for the driver, we have the right to recover from you, so much of that Parking Charge as remains unpaid.

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they are trying to imply that the keepr was the driver and any acknowledgement or appeal is in their minds an admission of that. The IPC doesnt ask its members to follow the protocols and appears to discourage it so you dont have to take any notice of them other than to have a paper trail that shows that you have done your bit and they havent.

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  • 4 weeks later...

Quick update. UKCPS have rejected my appeal (surprise surprise). They appear to have grown a pair of balls since jumping ship from the BPA for the IPC.

 

I'll be appealing to the IAS but I'm not holding out much hope, since it's fairly doubtful just how "independent" they really are. The NTK is non-compliant with PoFA anyway since it does not contain any photographic evidence of the alleged infraction, or any links to allow you to view any such evidence. Therefore if they did decide to take it to court they would need to identify the driver first. That said, they've stated that they're working on the assumption that the RK was the driver. I'd love to see that assumption stand up in court.

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They grew a pair, because they think they are untouchable since the IPC doesnt really care. Only the really REALLY inept and shady PPC's go with them. The ones who want to try and maintain somewhat of a decent outlook go with the BPA

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The IAS of the IPC will tell them they are right and that you should pay up because they said so. As you say, not compliant with PoFA but go through the motions anyway to get the paper trail and see if they want to take the matter further.

I will say one thing though, not one of these companies has started legal action when they have been vindicated by the IAS when their determination is at odds with the law or protocols of PoFA. The parking co's are happy to let Gladstones solicitors (IAS in their evening wear) send out a threatogram or two but it has never gone further than that when they have received a rebuttal so it appears that they do know the law but hope you dont.

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  • 3 weeks later...

IAS appeal rejected, surprise surprise.

 

My appeal was based on GPEOL, Non compliance with POFA, plus the fact that one of the passengers on the night in question is registered disabled. They've basically responded to each point saying "we don't really care". Apparently I was supposed to upload a copy of my NTK to prove that it was non-compliant with POFA (rather than for UKCPS to prove that it was), and to provide a copy of my passenger's disabled badge. Of course they don't tell you that until after they've dismissed your appeal.

 

In UKCPS's evidence pack, they did include the contract between themselves and the landowner, which may be of some interest to some people. However I had to tick a box on their website promising not to share it with anyone else, which is a bit of a shame.

 

I'll wait for UKCPS to write to me again and I'll send them a brief letter telling them in no uncertain terms to F-off, and to take me to court if they want their money.

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they did include the contract between themselves and the landowner, which may be of some interest to some people. However I had to tick a box on their website promising not to share it with anyone else

 

More proof they are nothing more than con artists.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'd share it anyway. What are they going to do to you if you ignore their tickbox? It's not like you owe them a duty that would stop you sharing it.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Interesting. Interesting indeed.

 

I especially liked this part "Authorisation is given subject to UKCPS Ltd acting at all times within the guidelines as set out by the DVLA"

 

As the DVLA and AoS guidelines state that they must act within the confines of POFA 2012..... oops.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 1 month later...

Update!

 

Nearly 8 full weeks after my IAS appeal was rejected, UKCPS have gotten back in touch. I was beginning to think they'd forgotten.

 

It looks like they're skipping the nasty DCA letters altogether and have gone straight in with a 10 day notice before legal action letter. They have also added on £25 to the amount owing (now £125) without stating what this additional fee is for. I have a feeling that'd go against them if it ever went to court.

 

I highly doubt it'll ever go near a court but I'll start getting my evidence together just in case.

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Oh, it will certainly go against them but if the lba is properly written it is always worth creating a paper trail so i would be responding in the way already hinted at earlier.

That you demand "strict proof" of a contract between yourselves and the landowner that assigns the right to make leagal claims in your own name as your contract appears to be witha party that does not have any authority to make such an assignment.

That the demand is not complaine with the protocols of the PoFA and so you as the registered keeper of the vehicle are not liable for any charge.

That the amount claimed is an unlawful penalty.

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