20 Dec 2016

A question about : Ukcps ntk ias

Hello MSE,

Have read the newbies and it advised posting a new thread showing the NtK for an IAS member. Theres lots of information floating about, mostly about POPLA, but as an IAS member we cant use that route for UKCPS. Has anybody any ideas about what course of action to take?

I have images of the NtK but no idea how to upload them onto here!

Best answers:

  • you wont find any IAS templates and very few examples of any appeals as the appeals are bespoke, so no easy answer
    as for pics, nobody can upload them onto here, hence your difficulties
    what you actually need to do is host them on tinypic or photobucket and then link them from your reply, BUT change the link to hxxp from http too (a non-live link)
    redact any personal info and references before you add them to the hosting site
  • Hello, thanks for the response!
    Here are the images:
    hxxp://i61.tinypic.com/s49zt5.jpg
    hxxp://i58.tinypic.com/14iexps.jpg
    Thanks for your continued help, the housing association are absolutely useless. In the context of the overstay, it was a very short time within a car park that was practically empty of visitor spaces and at 1am.
  • https://i61.tinypic.com/s49zt5.jpg
    https://i58.tinypic.com/14iexps.jpg
  • Are they still claiming to be members of the BPA?
    I'd report that to the BPA Ltd. It's also worthy of reporting to Trading Standards if they are claiming to be members of a Trade Body that they aren't members of.
  • Unfortunately I tried that route, and they are still members of the BPA (confirmed by BPA themselves), however they are not part of the AOS and use the IAS for all appeals, probably because they were losing cash at POPLA.
  • They're not on the current online BPA members list. I checked it before I posted.
  • Quote from BPA
    "Good morning Mr Xxxx
    UKCPS is a member of the BPA and has use of the BPA logos, they are not, however, members of the Approved Operator Scheme in relation to the issue of parking charge notices.
    They are a member of the Independent Parking Committee with regard to parking charge notices.
    "
  • So, if their car parking signs and/or PCNs intimate BPA membership not IPC membership, then they are misleading the consumer thus no contract can be formed ... they are in breach of the Consumer Protection from Unfair Trading Regulations.
    (I can't see the pics - can't access tinypic from here).
  • Here are two pictures I have taken of the signage. Believe it or not, the pictures actually make it clearer than they appear to the eyes.
    hxxp://i61.tinypic.com/2lcmh75.jpg
    hxxp://i62.tinypic.com/2d9y0bn.jp
  • https://i61.tinypic.com/2lcmh75.jpg
    https://i62.tinypic.com/2d9y0bn.jpg
    Again, I can't actually see them here at work.
  • No problem, your help is appreciated in dealing with these cowboys!
    On the actual signage, there is no BPA logo, it is just on the appeals letter; however so is the IPC logo.
    Is there a case that due to using all 3 logos, it would be confusing to the layman, as it was to myself, about which Parking Association they belong, even though technically they are a 'member' of both?
    There was never any proof that the incident took place - is there a duty to provide evidence of the alleged infraction when writing to the RK?
  • Just dropping an update:
    I sent off two strongly worded emails to the landowners who have refused in both instances to be drawn into the dispute, and I have sent off a letter disputing the ticket to UKCPS. Expecting a full rejection and either a referral to IAS, or saying they expect payment. Currently actong as representative for the keeper, not as driver as no drover has been named.
    I have also sent off a FOI to the DVLA requesting % successful appeals of IAS and POPLA, which should give a good current outline of their working practices for any future court action or even just as light reading!
  • DVLA answer I suspect...
    "This is not something we keep a record of....
  • Here is a copy of a letter which I wrote to TVCHA, please feel free to use it
    ParkingManagement at xxxxxxx Court, Reading
    Iwas surprised to see that TVCHA, a registered charity, employ formerclampers, UKPC, to manage the car park at xxxxxx Court.
    Youmay or may not be aware that this company is one of a number ofsimilar private parking companies who use underhand, threatening, andoften unlawful methods to bully, threaten and lie to extractextortionate sums of money from people, many of whom can ill affordit, for minor alleged breaches of non existent contracts.
    In somecases even for parking in their own demised property for failing todisplay a "parking permit", despite the fact that they areentitled to "quiet enjoyment" of their properties. Also, are thePPC allowed to conduct trade in the car park? Are business ratesapplicable?
    For a few minutes overstay in a free car park in a shopping centre, wherethere has been no loss to anyone, they will demand up to a hundredpounds in penalties, contrary to the Law of Contract. They uselegalise, threats, and scary letters from dodgy solicitors, debtcollectors and bailiffs. They try to pass themselves off as policeor councils, sending out fake court summonses, produce falsestatements from witnesses and take people to the County Court.
    One company, Parking Eye have issued over 7,000 summonses in the last 12 months, although they rarely actually reach court as they know thatthey will lose most of them. However, according to an F.O.I. request, UKPC have not taken a single person to court in the last 12months. Could this be that they know that they have no case?
    Yourcontractor UKPC was I believe a former clamper called Denver SecurityServices, and is one of the more aggressive private parkingcompanies. So much so that in September 2011 Hull TradingStandards decided to take them to Hull Crown Court on 16 counts,unfortunately they lost 15 of these charges on technicalities. However, they were so concerned about this company's tactics thatthey were willing to commit Ј41,000 of tax payers' money toprosecute them.
    Manyof these companies will take people to court, even when parked intheir own demised property. This can result in whoever signed thecontract with them, (i.e. the managing agents and/or the Landownersbeing themselves taken to court by successful defendants for damagesfor trespass, stress, and harassment, (see R. Davey v UKPC,Winchester Crown Court 23rd January 2013).
    Tosum up
    Thesecompanies are vultures, preying on the ignorant and vulnerable. Theyare not interested in the management of car parks for the benefits ofresidents, but fining them for minor breaches of meaningless termsand conditions, and as a registered charity you should not be anaccomplice in their near criminal activities. Unless they own theland they have no power to enter into contracts with owners,landlords and tenants of xxxxxxx Court.
    Towin a case for trespass they have to prove loss to the landowner. If the landowner is also the person they are pursuing, there can beno loss.
    Unlessyou have granted it, UKPC has no authority to take cases to court.
    Theyhave no legal authority to issue fines, only the Police, Councils,Tfl, and some airports and TOCs can do that.
    Theirso called Parking charges are merely speculative invoices, and theirclaims for breach are in fact unenforceable penalties.
    Havingread this, I am sure that you will wish to have your tenants, many ofwhom do not have a great deal of money, and immediately disassociateyourself from this company.
  • What is it with PPCs and all caps signs
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