UKCPS NtK received - reason for issue: No stopping

[BCJohn]

Hi everyone, can anyone advise on this, I think it's not enforceable but I'm not sure.**
I received a Notice to Keeper letter from UKCPS which is sub-headed 'NON POFA - MNPR - Manual Number Plate Recognition.
It shows a photo of my car number plate (and not much else) and alleges the driver of the car was parked in a 'No Stopping' area at the rear of Manchester Piccadilly Station.
Notice scanned below:
**



Any help or advice is appreciated. Thank you
*

[ostell]

Sirs,

I am the registered keeper of vehicle xxxxxxx and am in receipt of your Notice to Keeper xxxxxxx.

I note that you have stated at the head of the notice that this is NON POFA.* I would agree with that statement as there are so many omissions from the statements and requirements of Schedule 4 of The Protection of Freedoms Act 2012 that you are unable to transfer liability from the driver at the time to me the keeper.

I note in particular, amongst the many fails, that you have not delivered the notice within the relevant period of 14 days.

There is no requirement in law to identify the driver and I will not be doing so, though I have handed your notice to the driver for action.

As I have no liability in this matter I do not expect to hear from you again, other than to confirm that there will be no further action from you or any debt collectors you care to employ and my details have been removed from your records to comply with GDPR.

yours etc

First class post with free certificate of posting from any post office

*

[BCJohn]

Thanks Ostell, that looks perfect!

[BCJohn]

So I got a reply ......... they rebutted my rebuttal! Copied below, is it just sabre rattling or should I pay up? Thanks for looking.
* * *

[ostell]

Write back to them telling that you agree with their decision that the driver is liable for the charge but they are attempting to claim from the keeper of the car but because of their failure to comply with the very basic requirements of POFA there can be no keeper liability*



You mentioned a station. Is this railway land?* If it is then you can say that as the land is subject to byelaws then it is not relevant land for the purpose of POFA and again liability cannot be transferred from the driver at the time to the keeper.


After that just sit and wait and see if you get a letter before claim.* Appealing to the IAS is not recommended

[ploddertom]

As they confirm it is the drivers responsibility I would be tempted to tell them you have passed the letter on for the driver to deal with and any further letters to yourself may be seen as harrasment and could be subject to Court action for this if they persist.

[BCJohn]

Thanks guys

[50437]

Hi if you won this case. Pleaae helo me with mine. Its similar*

[BCJohn]

It's still ongoing

[BCJohn]

Hi everyone, an update for you:I have since received two letters from a debt collection company engaged by UKCPS, see attached.* *
ploddertom*and Osprey6 * Is there any further advice on this - Note the highlighted text - can they do that - there has been absolutely no talk of court, just this debt collection agency.

[ostell]

Ignore debt collectors.* Yet again they state, correctly, that the driver is liable and in certain circumstances, which they have said they are not using they can transfer liability to the keeper.* Tough the circumstances have not been met and therefore no liability

[ploddertom]

I totally agree with ostell. Debt Collectors can do nothing but threaten and/or ask nicely. You do not have to respond to them unless you just send them a note to say you have received it and note the contents.

[BCJohn]

Once again, guys, thanks a million. I was thinking the same but it's great to have that reassurance of other people agreeing with me.

[Osprey6]

A little confused why you have tagged me in this. Hope its working out for you.

[50437]

BCJohn* *have you tried to get a n244 with help of fees to get judgement to be set aside.

just need to make sure you have good grounds if appeal. And also explain the delay lile chsnge if address or due to pandemic etc i did this and got it set aside. See my thread.*