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UKCPM NTK for "parked on access roads/roadways" at vista centre Hounslow
hpower11
post Wed, 3 Apr 2019 - 21:33
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Hello everyone

This is my first Post in forum and first parking ticket

UKCPM have sent NTK for alleged contravention by the Driver for "parked on access roads/roadways" at vista centre Hounslow

the Alleged contravention occurred on the 22/03/2019 at 11:58, the PCN to RK was issued on 29/03/2019 received on 01/04/2019

the proof photos on invoice are taken two seconds apart and shows the vehicle tail lights on and another Vehicle in front although facing towards the vehicle

there was No PCN issued on the windscreen, clearly the driver was not notified at the spot because whoever took those photos must have known that the vehicle engine was running and the drive was about to leave

if this helps, The driver was stationary at the side of the road to set-up map and to get passengers to settle down because one of the passenger was 8 months old

The drive did pay for 2 hours of parking and at the time of Alleged contravention, had at least an hour of valid permit left, The drive has since disposed of the ticket and the payment was done using cash so the driver does not have any other proof of parking

RK think's this is someone being opportunistic trying to make quick buck? RK have been reading the forum for last three days and RK have now some basic insight into UKCPM and vista centre Hounslow and their practices, RK also have some basic understanding of timeline of the proceeding that follows after receiving NTK

any advice regarding POFA and data protection act and if they apply and if UKCPM have breached any of these and any critique for bellow Appeal letter is greatly appreciated

also, when should RK send this appeal?

Attached is the NTK and bellow the Appeal letter I have copied and modified from http://forums.pepipoo.com/index.php?showtopic=110793 which looks similar case


Dear sirs,

ref xxxxx

I am in receipt of your above invoice and write as registered keeper. The driver's identity cannot be inferred nor will I be releasing it to you.

Your own "Proof" photos show that vehicle tail light is on which means the vehicle was not parked.
The photos are taken two seconds apart which is not enough time to read any teams and condition and enter into a contract.
The photos clearly show another vehicle blocking path of the driver

notwithstanding above argument your signs, being forbidding in nature, are incapable of forming a contract. It therefore follows that any action against a driver must be by the land occupier in the tort of trespass. As registered keeper, I cannot be held liable and you should contact the driver.

I look forward to you cancelling this invoice otherwise please send me the appropriate POPLA code where I will arrange for you to be instructed to cancel it.

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.

regards.
RK


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post Wed, 3 Apr 2019 - 21:33
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hpower11
post Sat, 22 Jun 2019 - 11:25
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HI Guys,

can some one help me on this case,

I appealed as per the above (appealed online), they never replied to that appeal, now I have received another Notice asking for £100 in 28 days

what should I do?, should I write back asking them why they haven't considered or replied to my appeal? or just wait?

Thanks
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ostell
post Sat, 22 Jun 2019 - 14:02
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Who is asking?
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Lynnzer
post Sat, 22 Jun 2019 - 14:15
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If you appealed, and can prove it, then they are out of order in pursuing this until the appeal is properly considered rejected.
I'd start a trail of emails to them starting with one that says you have an appeal in and don't know why they are now sending further letters.
Tell them apart from the actual appeal wording that stopping briefly is not parking, and a timelapse of only 2 seconds between the photo's does not match the Code of Practice for a 10 minute period of grace.
You must mention that they are acting both vexatiously and unreasonably without acknowledging the mentioned points and appeal, or by giving you an opportunity to take it to the IAS (not POPLA - not that it would make a lot of difference)

Hammer on to them on any further correspondence. Always do it by email and always mention what you are complaining about on any actual paper letter you get from them.
You are now in the realms of putting together a costs claim, or a counter-claim for their obnoxious behaviour. See my case as to why this is a good idea.


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hpower11
post Sun, 23 Jun 2019 - 16:24
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QUOTE (Lynnzer @ Sat, 22 Jun 2019 - 15:15) *
If you appealed, and can prove it, then they are out of order in pursuing this until the appeal is properly considered rejected.
I'd start a trail of emails to them starting with one that says you have an appeal in and don't know why they are now sending further letters.
Tell them apart from the actual appeal wording that stopping briefly is not parking, and a timelapse of only 2 seconds between the photo's does not match the Code of Practice for a 10 minute period of grace.
You must mention that they are acting both vexatiously and unreasonably without acknowledging the mentioned points and appeal, or by giving you an opportunity to take it to the IAS (not POPLA - not that it would make a lot of difference)

Hammer on to them on any further correspondence. Always do it by email and always mention what you are complaining about on any actual paper letter you get from them.
You are now in the realms of putting together a costs claim, or a counter-claim for their obnoxious behaviour. See my case as to why this is a good idea.


Hi Thanks for your reply,

The only proof I have for the appeal is this acknowledgement email reply from them, is this email good enough?

I have had look at their website and they have taken in total 4 photos and the time difference between those photos are around 6 mins so still under the 10 min grace period

When you say start email chain, do you mean start written letter chain correct? also should I wait until 26 days before sending my reply letter or send is now?



QUOTE
Thank you for your recent appeal submission, we can confirm this has been received by our adjudicators who will issue a response within 28 days.

PLEASE NOTE. If any of the mandatory fields have not been completed correctly, your submission will not be deemed as an appeal and therefore will not be responded to. It is your responsibility to ensure you complete all fields fully and correctly.

If you are transferring liability, you must do this online by visiting www.cpmappeals.co.uk/tol

Yours sincerely,
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bobthesod
post Sun, 23 Jun 2019 - 16:55
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Have they failed to 'invite' the RK to name the driver by using the words 'You should....?
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hpower11
post Mon, 24 Jun 2019 - 07:29
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QUOTE (bobthesod @ Sun, 23 Jun 2019 - 17:55) *
Have they failed to 'invite' the RK to name the driver by using the words 'You should....?


They have done that in first letter
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hpower11
post Thu, 11 Jul 2019 - 16:50
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Hi Guys

I am sending this letter in response to UKCPM's second Invoice, could some one please advice?

ALSO I ma having real difficultly understanding POFA, basically there was no ticket on Windscreen and they send NTK within 7 working days to Keeper and I think they must have contacted DVLA to get details of Keeper's details, Can I simply claim that Keeper is not liable and they should peruse any claims from Driver because they should have given the parking ticket on the spot to the driver?


QUOTE
Dear sirs, 11th July 2019

ref xxxx

I am in receipt of latter dated 12th June 2019 with above reference number and write as registered keeper. The driver's identity cannot be inferred nor will I be releasing it to you.

I would like to point out to you my Appeal dated 22nd April 2019 please see attached email from you confirming receipt of said Appeal.

As you have failed to properly consider the initial Appeal and also failed to provide registered keeper the opportunity to take this case to the IAS, you are in breach of your own Code of Practice by perusing this charge and you are clearly demonstrating vexatious and unreasonably behaviour and any court proceedings will be vigorously defended.

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.

regards.
RK

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nosferatu1001
post Fri, 12 Jul 2019 - 08:01
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No, of course you cannot claim that!

POFA Schedule 4 para 9 is the one you need.
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