UKPC Incorrect Reg Number and "this notice supercedes"

[friendly]

Hi, I have today received a loverly "Notice to Keeper" letter from UKPC and wondered if I still have grounds to appeal.

They start the letter by saying this parking charge supercedes a previous parking charge. I had no idea why I received it as I've never received any sort of ticket before, it appears someone else who was driving the car did! However, as I am the registered keeper the charge has come to me. They have attached a photo of the car etc which is correct.

That said, from a conversation with the driver, they say the original ticket (the one which was stuck to the window) had the incorrect registration number noted so they ignored it. The driver apparently was parked in a disabled bay which until very recently was just a normal parking bay. The incident took place in a large shopping complex (multi-storey) back in Dec last year. The original offence took place on the 14th Dec but the letter I've received today is the first I've heard about it.

I have read numerous posts advising it should be appealed based on the fact they cant simply reissue a new charge if the details are different from the original ticket. Could I ask if this is still correct, as all the posts I've read are dated 2018, 2019.

I was thinking of using a letter template I've seen on a previous thread but would like confirmation that the law, criteria etc have not changed since it was produced. This is the one I was looking to use:


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

Any help, advice would be much appreciated.

[ostell]

If it is more than 14 days then send it. You have not received a previous letter because they were chasing the wrong number so the 28 to 56 day period can't apply.

On the first line add something a out this is first you have heard about this.
Modify the driver line to say " I was not the driver and as there........"

Can you post up a redacted copy of the notice, but leave dates.

[friendly]

Thanks for your reply.


The notice says:


"Dear XXXX
This parking charge notice supersedes xxxxxxxx which has been reissued

Re Parking Charge - Notice to Keeper

Your vehicle was recorded on private property in breach of the following terms and conditions of parking

“Parked in a disabled person space without clearly displaying a valid disabled person badge

Location xxxxx date xxxxxx time xxxxxx

The driver of the vehicle breached the terms and conditions of parking which were clearly and prominently displayed on our car park signs. These terms and conditions were agreed by the driver when your vehicle was parked on private land. We, therefore, had reasonable cause to obtain your details as you were the registered keeper of the vehicle at the time of parking.

The driver is required to pay the parking charge. UK Parking Control Ltd do not know the name and address of the driver. We, therefore, invite you, the registered keeper, to pay the parking charge or provide us with the name and current address of the driver so we may write to them and request payment; and you should also pass this notice to the driver.

If, after a period of 28 days, (beginning with the day after this notice is given) the amount requested in this notice has not been paid in full (or we have not been informed of the driver's name and current address) we will pass the charge to debt recovery”


The charge is £50 or £90 after 14 days - I received it today and it was dated 18/01/20 - so I cant send them the template I thought.


I have further read on the web that the blue badge doesnt apply on private land so they cant enforce this without discriminating - is this correct?

The parking in the multi-story car park is free all day, every day - so no loss has could have been caused to them.

I was thinking of sending something along the lines of this:

Dear Sirs,

Reference the charge letter you have sent me, I was not the driver at the time, and this is the first I have heard of this charge, however, I'm pleased you have brought it to my attention, that said, there is no legal requirement for me to name the driver at the time and I will not be doing so.

I have reviewed your letter and appeal this charge on a number of points.

First: You say this vehicle was parked in a disabled bay without displaying a disabled person badge - as you will be aware, no such law exists on private land and citing this as a reason is disability discrimination under the Equality Act. - anyone can park in any space without displaying a blue badge on private land.

Second: Parking throughout this car park is free to use by all, therefore, can you explain to me what losses you have occurred by this so-called breach? You are required to explain this if you are charging the driver, failure to do so is an indication that you did not occur any losses so, therefore, can not charge the driver.

Third: Why do you say “this charge notice supersedes xxxxxxxxxx which has been issued? As the keeper of this vehicle, I have not received any previous charges or notices of any kind? As you will be aware - charge notices need to contain the same details as the ticket issued or they become invalid. You simply cannot reissue a charge Ie (The wrong VRN on NTD, NTK is non-compliance with POFA)


Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours

Is the above correct and true? I've pieced it together from various blogs.

[ostell]

There has not been a NTD for that VRM therefore the NTK is the first to address it therefore it has to be issued 14 days after the event. It's been more than that

They have allowed for disabled people by providing wider spaces. One of the conditions of using that space is to display a blue badge. Their space, they can make any rule they care to make, nothing to do with law. Yes I know, not all disabled people gave a badge but that's another argument.

So your appeal is that they failed to deliver the NTK within 14 days contrary to the requirements of 9 (4) and failed to give the notice of keeper as prescribed in 9 (2) (f)


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx, there has been no previous documents received connected with this VRM.

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. Additionally you have failed to give the notice of keeper liability as prescribed by 9 (2) (f) of the same Act.

Because of these failures to comply you cannot transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not the driver at the time and as there is no legal requirement to name the driver and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


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

[friendly]

Thanks for your reply, much appreciated. I know you cant say with 100% certainty but do you think it will be overturned?

[ostell]

Probably not but you showed willing. If it's a POPLA appeal then it should be good