UKCPS MNPR non pofa PCN - No Stopping - lease co paid it - want me or my company to pay them! - Gateway Hse Manchester Piccadilly -

[JackD13]

Hi,

 

My leasing company recently got a charge through from UKCPS, I've attached all correspondence in the PDF.

Although i would usually ignore this as the NTK had not been received within 14 days

the lease company has suggested that they are going to pay the fine and invoice my company/me (as this is a company car).

 

Can you offer any advice on how best to proceed? 

 

If you require any more information please let me know. As always, thank you very much for taking the time to look into this.

 

1 Date of the infringement 29/10/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]15th November 2019

 

3 Date received 15/10/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

 

5 Is there any photographic evidence of the event? Unsure, not that I can see displayed on the letter

 

6 Have you appealed? {y/n?] post up you appeal] No

 

7 Who is the parking company? UKCPS

 

8. Where exactly [carpark name and town] Gateway House Piccadilly, Manchester

Letters and Emails.pdf

[dx100uk]

it is NOT A FINE

 

they need to read their own T&C's.

 

 

[JackD13]

Thank you, understood. I will confirm the policy details then get in touch with the leasing company letting them know politely that i won't be paying it. 

 

Thanks again for you help!

[ericsbrother]

Politely? Not so sure about that bit. You need to make it absolutely clear that it isnt a FINE, there is no keeper liability and you wont be paying them back for being ignorant of the procedures.

Forceful isnt the same as being rude but they must be under no illusion that you are going to settle this matter by paying them

[JackD13]

Haha politely and forceful.

 

Update :

I got this from my employers:

 

"I can confirm that no admin fees will be deducted from your salary at this stage, however if we do not receive a confirmation of charge cancellation from you, issued by UKCPS in the next couple of weeks then the admin fees will be applied.

If in addition, the lease company bills us back for settling the PCN GCL11023 then our payroll team will have to deduct that from your salary as per company car policy, as we are not responsible for the driver’s fines.

If you wish to appeal the fine, please do so by contacting UKCPS and not the lease company as it’s not them who have issued the fine."

 

I then got a screen grab of the company policy which apparently applies, See attached.

 

I intend on going back with the following:

 

"In reference to the attached parking charge this is not unlawful or a motoring offence. The parking charge is not a fine, and the way I was parked wasn’t in breach of any motoring laws. Therefor this wouldn’t apply to the section of the policy that has been sent, there is no keeper liability and I am not liable to pay the charge.

 

I would advise neither you or Lex pay the private parking charge as the NTK was not within 14 days of incident that they allege to have happened, but I cannot stop you. I would be happy for you or Lex to pass my name onto them for them to contact me directly.

 

What is the agreed policy that Lex mentioned? Have NCC group agree to pay private parking charges(again, this is not the same as a fine)?"

 

Is there anything else you think is worth mentioning?

 

Doc1.pdf

[lookinforinfo]

The fact that as Lex have provided them with your name and address as the driver, that exonerates Lex fom any further action by UKPCS.

Protection of Freedoms Act 

Schedule  4

13 

(2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

 

If Lex have bothered to read the PCNs and sent them the details required [your hire agreement etc] they would no longer be liable to pay the amount even if you refuse to pay it.

[FTMDave]

Well your employers have sent you a load of b****cks where they get everything wrong and state it's a fine, which of course it isn't.

 

Only you can know your situation at work and what you can get away with and what you can't.

 

Ideally however you should have a real go back saying they are ignorant of the law and it isn't a fine.  All Lex have to do is provide the fleecers with your details, and they and the company are out of the loop, which even the fleecers state if Lex had bothered to read it (when that happens please come back here for advice BTW).

 

If they don't accept your explanation then ideally you should make it clear you will sue them for return of any monies they deduct from your salary as they can't work out the difference between a speculative invoice and a fine and don't even follow their own company policy. 

[JackD13]

Thanks, gone back and said i want to take a look at the agreement in place with Lex on this issue and asked that they simply pass my name and address on to the company that sent the charge through.

The lovely lady who sorts the fleet out for our company has tried to process a change in liability to my self. See response below from UKCPS below:

Thank you for your appeal regarding ticket number ***.

A response will be sent to you within 28 days from the date that the appeal was received.

We will however endeavour to respond to your appeal within 14 days but this may not always be possible.

Please ensure that you check your junk mail in case the appeal response is diverted there.

We recommend that you add our e-mail address to your safe senders list to ensure delivery.

 

[dx100uk]

you should NEVER give these fleecers and email address!!

 

once this part is resolved you need to tell them the email address is no longer active and not to use it ever again.

 

it has been known for PPC's to drag up old email addresses and use to issue important court documents to it if they ever issue a court claim in the future

 

 

[JackD13]

Thanks for the info, I think this will be her work email address so nothing at all attached to me.

[dx100uk]

[ericsbrother]

your employer is heading towards an unlawful deduction of wages, let them know that you are not happy that they are being so stupid or ignorant over this.

Problem is the person making the decision doesnt have to pay the money out of their pocket when they get it wrong so they aret inclined to revisit the error

[dx100uk]

and?

 

[JackD13]

Still waiting to hear back from the change in liability that the fleet manager sent through. I will update if/when i hear back.

 

As always, I am grateful for all of your help! Thank you.

[FTMDave]

Any update?