PCN From UKCPS !Help and Confusion!

[Philbo13]

Hi. I have read lots of these forums and seem to have got myself in a bit of a pickle of what to do next after having my appeal rejected.

 

I received a PCN for 'leaving the site' at the beginning of August and

 

 

wrote back to UKCPS stating about the signage not displaying the site area,

what proof they had etc of me leaving the site

 

 

NOT surprisingly the appeal was rejected

and have not quoted any reasons why. (obviously a standard letter)

 

I am struggling what to do next.

They have told me that I can appeal via IAS

however it is well documented that this is a waste of time so wasnt going to bother doing that.

 

All the info I have read states about getting a POPLA code

however on the UKCPS letterhead it states that the are IPC and a member of BPA.

The signage on site also states BPA.

 

Can I write back to them for a POPLA code or not or do I have to go via IAS?

 

Please help.

[armadillo71]

You seem to have responded to the NTD, so there by identified the driver...

 

This was the wrong move.

 

Your can ' appeal ' to the IAS but make sure you read up on VCS vs Ibbotson.

 

What was the car park for?

[Philbo13]

Hi,

 

Darn it!

 

It was for a small shopping complex West Quay Retail Park Hull.

 

Ive read up about VCS v Ibbotson and quoted the signage doesnt show the area, that the attendant never informed etc.

 

After what Ive read about IAS Im not going to bother appealing to them but I wondered if I could go to POPLA or if thats not an option.

 

I have drafted a letter including that the parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner, that I wont reply or meet their demand for payment until they provide evidence etc. I have also plan to included that I may claim my expenses from them if they pursue.

 

Didnt want to write back to them asking for a POPLA reference if I cant use it!!

[armadillo71]

No POPLA... It's the IAS im afraid.

 

I am of the opinion that it is worth appealing to the IAS to get the adjudicators rejection statement.

They are comical and I don't believe that the IAS/IPC would want them shown to a county court ....

[armadillo71]

That car park sounds familiar... search the forum.

[Bazooka Boo]

Appeal to IAS so you have their hilarious rejection missive for evidence.

 

Then sit back and see if they try their luck at getting a judge to believe their story!

[ericsbrother]

When you appeal to the IAS say that there is no such breach as leaving the site either by way of the wording on the sign or by reason of VCS v Ibbotson. If they reject your appeal there is still further case law that beats their decision but we dont want to use that yet as currently it is being tested at the Supreme Court. If the SC reject the argument of a European Court decision they risk being called before parliament for treason but since TB scrapped most of the treason laws to save himself I'm not certain what will happen to a judge that ignores the law.

[ericsbrother]

In a county court UKPCS will lose because they havent identified the ADR you are expected to use and you asked for POPLA as per their signage. Any judge will be feeling their foot twitch if UKPCS argue that they know their signs are wrong but dont care to let you appeal.