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Jamie-Law
Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 14106
Experience:  Solicitor
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It seems to me that there is a body of evidence building in

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Hello. It seems to me that there is a body of evidence building in the form of reports published online that indicates that a parking company called UKCPS is sending out so-called "Second Notification Letters" to people without actually sending the first notification letter. This happened to me recently (my parking infraction occurred on September 23, 1920).
JA: Where is this? It matters because laws vary by location.
Customer: Nottinghamshire
JA: What steps have been taken so far?
Customer: After receiving the "second notification letter," I wrote to the UKCPS. I told them I acknowledged my parking infraction. (There were mitigating circumstances, but that was not my point.) In the letter I made an appeal, and my appeal stated that I received a second notification letter without receiving a first notification letter, and that therefore I would like them to put my case back to first notification letter status and give me the opportunity to pay the reduced charge of £60 rather than £100, which I think is only fair. They have written back to me, and in their letter they have not addressed the point I made in my letter at all. They said a lot of things that didn't address my point, and said that the £100 charge stands. Furthermore, they stated in their letter that they would not entertain any further correspondence with me.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not as of now. Thank you.
Customer: replied 8 days ago.
Here are a couple of links to online reports from people who've had the same experience of receiving a "second notification letter" without receiving a first notification letter: https://www.diynot.com/diy/threads/parking-charge-ukcps.516502/, https://forums.moneysavingexpert.com/showthread.php?t=5978162. There are probably more than this--I have not done a lot of searching.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Oleksandra-Moderator
Customer: replied 7 days ago.
I am fine waiting a bit. Thank you.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 6 days ago.
There are two things I'd like to know:
1. Can UKCPS be investigated? My own experience with UKCPS together with the experiences other people are reporting online recently seems to indicate that UKCPS are probably, in at least some cases, sending out second notification letters for parking violations without sending out the first notification letter. This matters because with the first notification letter they offer the opportunity to pay a reduced fine if the payment is made within a certain time frame. So if they are doing this, the motive would be to make money. In my case, for example, the fine is £100 reduced to £60 if a payment is made within a certain time frame after receiving the first notification letter. As I explained earlier, I didn't receive a first notification letter. I only received a second notification letter, and other people are reporting the same experience. One person reported that UKCPS told them the blame for this lies with Royal Mail and therefore UKCPS would not take responsibility for it or give the person the benefit of the doubt. First of all, I don't think this adds up because there are numerous cases of this, and Royal Mail simply isn't THAT unreliable. Second, even if Royal Mail were to blame, still, if a person is taking the trouble to communicate with UKCPS and let them know they didn't receive a first letter, the fair and decent thing for UKCPS to do would be to accept that on good faith, give the person the benefit of the doubt, put the status of their case back to first letter status, and give them the fair opportunity to pay the reduced fine.

2) What would you advise as a course of action for me right now. Since I inquired to this forum, things have progressed. I have sent another letter to UKCPS telling them the following: 1) I am not making an appeal; 2) I received a second notification letter without receiving a first notification letter, and that therefore I expect them to put my case back to first notification letter status and give me the fair opportunity to pay the reduce charge; 3) that I have found numerous reports online from people who've had the same experience as I've had of receiving letter 2 without receiving letter 1, and that it doesn't add up that Royal Mail is that unreliable--that it indicates that UKCPS is not actually sending the first letter out consistently; 4) that I urge them to look into this because it is a line of enquiry I would expect a lawyer to take if I choose to hire one.

For my part I have decided that if UKCPS continues not to address my request, or if they deny me my request, I will let them know that I will not pay the fines they demand with any subsequent letters, so they may as well end the letter sending process and take me straight to court, where I will explain my experience to the judge, as I've explained it to you, and show the evidence I've gathered that there are numerous other people who've had the same experience as I've had in dealing with UKCPS.

Did you appeal? Have you taken it to court.

Customer: replied 5 days ago.
I initially wrote a letter of appeal to UKCPS and asked them to put my case back to first letter status so I could have the opportunity to pay the reduced amount. I wrote that request as an appeal. Their response was that since the deadline for payment had passed I was no longer eligible to make an appeal. In other words, they did not address the issue of my not receiving a first letter with the option to pay by the proper deadline. They just tried to bypass the issue by saying the time had expired. If you like I can upload all the correspondence to you. There are four documents. I have not taken it to court. Thank you for your time.

Ok. Have they issued proceedings yet?

Customer: replied 5 days ago.
No

Ok, then don’t do anything. If they issue proceedings you can argue the point in front of a judge.

It will cost them more to prosecute than they will get. As a small claim then no lawyers fees can be claimed. You can represent yourself. That should resolve the matter for you.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

 

Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 14106
Experience: Solicitor
Jamie-Law and other Traffic Law Specialists are ready to help you
Customer: replied 5 days ago.
Thank you very much for your advice. I will definitely give you a 5-star rating. The next thing they may do is send a third notification letter. If they do that, should I respond and let them know I'm not going to pay unless they put it back to first-letter status?
Customer: replied 5 days ago.
Hi, Jamie. I just rated you 5-star. Thank you so much. Could you just answer my last question, which is should I respond if they send me a third notification letter, and tell them I'm not going to pay unless they put my case back to first-letter status?

No, ignore it.

Customer: replied 5 days ago.
Okay, I will follow your advice and ignore it. Thank you. All good wishes to you, Jamie.