DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 25441--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: DWMB2
Date: June 9, 2024, 6:27 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> ..you're off to court
>
--- End Quote ---
With UKPC, more likely "off to receive a Claim Form only for
them to discontinue at the last minute".
#Post#: 25459--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: H C Andersen
Date: June 10, 2024, 2:05 am
---------------------------------------------------------
This may well be so, but as regards the legal process the OP
should be aware.
As regards possibilities and probabilities..OP some PPCs are
more litigious than others and as with the stock market, past
performance is not necessarily an accurate indicator of the
future.
#Post#: 25460--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: June 10, 2024, 2:25 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Can you evidence that you were out of the country between the
dates of the first NtK (plus 2 working days) and the 28th day
after that? If so, you can complain (not appeal) to UKPC and
request that they reissue the original NtK and restart the
clock, thus allowing you to appeal. There is clause in the
latest edition of the BPA CoP 23.8 that states they must reissue
and restart the process if you can evidence that you (the
addressee) could not have appealed within the original 28 day
window. If you can and they don’t, a complaint to the BPA is in
order.
>
--- End Quote ---
You were advised to complain, not appeal about the reason you
could not appeal within the required timeframe. I suggest you do
that right now. Emphasise that it is NOT an appeal and emphasise
that it IS a complaint.
Of course UKPC are not going accept that as an appeal. Before
you can complain about this to the BPA, you have to exhaust the
complaints procedure with UKPC.
In the meantime, just ignore any and all final reminders or debt
collection letters. They are powerless to do anything and
nothing will happen.
If the above complaint doesn’t get the PCN re-issued or a POPLA
code, then it will end up as a court claim, either directly from
UKPC or through DCB Legal. It matters not which. It is easily
defended and is 99% sure to end up as a discontinuation.
#Post#: 25575--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: Keeper
Date: June 11, 2024, 4:55 am
---------------------------------------------------------
My apologies, I thought I was supposed to first appeal and then
complain - in any case I have now complained the that PoC hasn't
been followed and said that if not resolved I will escalate to
the BPA.
Will update when I hear back :)
Thanks again to all
#Post#: 25577--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: June 11, 2024, 5:07 am
---------------------------------------------------------
PoC = Particulars of Claim. You meant CoP = Code of Practice.
You'll deal with PoC later if they don't re-issue the NtK.
#Post#: 28314--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: Keeper
Date: July 2, 2024, 6:50 am
---------------------------------------------------------
Time for an update!
On 26th June I received a letter from QDR solicitors giving me a
further 14 days to pay, after which they threatened that they'd
begin court action.
Today I received an email back from UKPC complaints
--- Quote ---
> Good afternoon,
> Thank you for your email.
> Please be advised we have reviewed your appeal and can confirm
the charge has been cancelled.
> Thank you for your understanding.
> Kind Regards
> Complaints Department
> UK Parking Control
> PO Box 1608
> High Wycombe
> HP12 9FN
--- End Quote ---
Very happy with that result, many thanks all for your help
#Post#: 28316--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: DWMB2
Date: July 2, 2024, 6:54 am
---------------------------------------------------------
Excellent result - they caved in even earlier than normal.
Thanks for the update.
#Post#: 28335--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: July 2, 2024, 10:39 am
---------------------------------------------------------
--- Quote from: Keeper link ---
>
> Time for an update!
>
> On 26th June I received a letter from QDR solicitors giving me
a further 14 days to pay, after which they threatened that
they'd begin court action.
>
> Today I received an email back from UKPC complaints
>
>
> [quote]Good afternoon,
> Thank you for your email.
> Please be advised we have reviewed your appeal and can confirm
the charge has been cancelled.
> Thank you for your understanding.
> Kind Regards
> Complaints Department
> UK Parking Control
> PO Box 1608
> High Wycombe
> HP12 9FN
--- End Quote ---
Very happy with that result, many thanks all for your help
[/quote]
Good news. However, be aware that the right hand may not be
aware of what the left hand is doing.
QDR were being mendacious by telling you that if you didn't pay
within 14 days that they would begin court action. Firstly, they
would have had to have been instructed by UKPC to act on their
behalf and they would be required by the Pre Action Protocols
(PAP) to have served you with at least 30 days notice to either
pay before they could initiate court action. So, the QDR letter
was nothing more than a debt collection letter which, as already
advised, should be ignored.
Thankfully, UKPC have realised that they were obliged under the
latest version of the CoP they had to either reissue the PCN and
start the clock again or, as they have done in this case, cancel
it. By cancelling it, they have saved themselves at least £35 in
court fees that they usually end up paying by letting their PCNs
get to Plan D.
#Post#: 28368--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: Keeper
Date: July 2, 2024, 2:05 pm
---------------------------------------------------------
QDR also said "we will ask the court to order that you pay our
client's legal costs."
They can ask all they like but my understanding is that for
small claims (which this would fall under), the court will not
award costs, unless it is punitive.
#Post#: 28371--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: July 2, 2024, 2:31 pm
---------------------------------------------------------
QDR were acting as a debt collector. You will have been advised
to completely ignore any debt collection notice as they will use
language designed to get all the low-hanging fruit on the
gullible tree to poop their pants and pay up.
If you're feeling particularly aggrieved and want to try and get
some revenge, you could try and report QDR to the SRA. The
conduct of solicitors is governed by strict professional and
ethical standards and they should not use misleading or
intimidating language.
Make a complaint to the Solicitors Regulation Authority (SRA).
As QDR Solicitors have made threats that are not aligned with or
breach legal procedures (such as implying that more than the
fixed costs can be claimed in small claims court), this can be
reported to the SRA.
The SRA can investigate if QDR's behaviour is deemed
unprofessional or misleading. This won't be the first complaint
they will have received about this firm of bottom-dwelling
solicitors and failed legal wannabes.
*****************************************************
Page 3 of 4
DIR Previous Page
DIR Next Page