UKCPS PCN - No Stopping DYL - service station on the A64 near York

[itsnotafineitstheft]

Hi forum hive mind. 

 

I seem to have bad luck with these quite often! The latest one that I would love some advice on is as follow:

 

Christmas eve, travelling to see family and pull in at a service station on the A64 near York. There is a drive-through Starbucks that we swing through (it's deserted, therefore seems like it'll be the quickest). I have myself, and my wife in the front, and my 6 yr old in the back. We place our orders which unsurprisingly consist of a couple of hot drinks among other things. 

 

As I pull out of the drive-through lane, I turned onto the roadway that serves as access to the Starbucks (and only the Starbucks) and the lid of the large hot coffee that either myself or my wife had just placed in the centre console pops open and spills a bit. I checked that there wasn't someone behind me (nope... the place was deserted still) and pulled over immediately to sort the spillage.

 

I had my young daughter in the car and I certainly didn't fancy risking burning myself on the next corner! I stopped for 30 seconds AT MOST, on what later transpired to be a double yellow line that was monitored by a camera (and yes, there are small signs up around the property... they are too small to read by driving past, so not sure exactly what they say. I can only assume they say what they need to!). a week or so later, hello PCN (£130 reduced to £60 if I'm a good boy and pay immediately). My wife filled in an appeal as clearly, this is anything but fair.

 

A number of weeks later I hadn't received anything in return, so I wrote a letter to the enforcement company (UKCPS) saying that as they hadn't responded they were in breach of their own terms, I was considering the matter closed. A little over a week later I got another letter from UKCPS saying that they had written to me following the appeal (they enclosed a 'copy') and they had declined the appeal as the PCN was valid.

 

I have tried to lodge an appeal with the IAS, however, due to the delay in the appeal response coming through etc the IAS now think I am beyond the 21 days (which I am not!). 

 

Does anyone have any advice on how to deal with this?

 

I have contacted Starbucks who have told me that there is a different company operating the outlet and they will send my details to see if there is anything they can do. The issue is that route is taking time and I'm concerned that any day now UKCPS will escalate the issue to a debt collection company and then my chances of getting anything resolved are screwed. 

 

Many thanks in advance!

[FTMDave]

A few things.  Firstly it isn't a fine.  A private company doesn't have the power to fine you.  You've received an invoice.  None of the bad legal things that happen to people who don't pay fines will happen to you.

 

Don't bother with the IAS!  They are a corrupt, kangaroo court set up to always agree with the parking company.

 

So what if they escalate to a debt collection company?  This dispute is between you and UKCPS.  You can sue UKCPS and UKCPS can sue you.  A debt collection company is an uninterested third party with no power to do anything (except write a "scary" letter).

[itsnotafineitstheft]

Solid advice on the IAS, thanks FTMDave. So what's your advice on the invoice? Just ignore it?

[lookinforinfo]

By ignore, we mean do not contact them or their unregulated debt collectors. But do not ignore the content of any mail from UKPCS or their legal side. Totally ignore any debt collectors and do not worry about what they may threaten-they are completely toothless.

 

UKCPS will continue to send you reminders probably several letter too about how this letter is your final chance . They haven't quite grasped the concept that there should only be one final chance poor dears. However it does mean that they defer whatever they intend to do further into the future and by then they may well lose interest as they will have realised that under the new legislation [an updated Protection of Freedoms Act] that mitigating circumstances such as sharing your car with hot coffee all over you will be taken into consideration. 

 

In the meantime keep an eye out for any letters the are headed with" Letter before Action" or something similar come back to us and we will give you advice on how to handle it.  There are times when these parking companies do not intend to take you to court merely to threaten it in order to scare you into paying some ridiculous amount of money that would almost never be allowed in court.

 

For now can you please answer the following questions below and post up the PCN front and back to give us a more complete picture from which we can start helping you. Please do not appeal again as it only gives away your defence and who was driving which helps the parking companies to decide whether to actually push for a Court hearing if you don't pay.

 

[dx100uk]

2 hours ago, itsnotafineitstheft said:

My wife filled in an appeal

opps next time never ever appeal.

shoots you in the foot as you reveal who the driver was....bye bye POFA2012 protection.

 

get that Q&A above done please

 

scan everything in/out bothside to ONE mass PDF.

 

dx

 

 

 

[dx100uk]

2 hours ago, itsnotafineitstheft said:

I'm concerned that any day now UKCPS will escalate the issue to a debt collection company

 

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY DEBT - no matter what it's type.

 

dx

 

[FTMDave]

The fleecers are on to a hiding to nothing if they only put up tiny illuminated signs, plus there is a 10-minute industry wide grace period and you say you only stopped for 30 seconds at most.