PCN from UKPC

miketaff1408 · 7 January 2018 at 1:49AM

Hi,
I wonder if anyone can advise me of my next steps with a UKPC PCN:

On 1/12/17 my family visited my sister-in law for the weekend in London. Their flats have parking spaces for which a permit needs to be displayed. Our toddler has a requirement for oxygen and as we arrived late in the evening (10:30pm) we wanted to get him settled in bed and get the oxygen set up in the flat. Unfortunately we forgot to get the permit from the sister-in-law and display it immediately. When we remembered about half an hour later and I went down to display the permit, we had already had a PCN notice on the car from UKPC. (no sign of them).

Due to Xmas etc, and the [STRIKE]shock[/STRIKE] pleasure of finding out we are now expecting twins, I did not send the day 26 BPA keeper appeal. So it is now approx day 37.

Should I appeal now using the template regarding signage? Should I mention that we had a right to park in a space belonging to my sister-in-law but forgot to display the ticket straight away due to getting my son to bed and hooked up to his oxygen?

Thanks for any suggestions and help.

Umkomaas · 7 January 2018 at 5:54AM

Have you now also received a Notice to Keeper through the post from UKPC?

miketaff1408 · 7 January 2018 at 7:59AM

No, have received no NTK or any other communication from the parking company.

Fruitcake · 7 January 2018 at 10:24AM

miketaff1408 wrote: »

No, have received no NTK or any other communication from the parking company.

Good.

I would send the BPA template in blue anyway as soon as possible. Missing the 26 day point with a notice to windscreen is not fatal. The idea is that the scammers may forget to send an NTK which will be a winning point at PoPLA.
If you send an appeal now, they may still forget to send an NTK so I think it is still worth doing.

Umkomaas · 7 January 2018 at 10:43AM

Follow Fruitcake’s advice. Not having received a NtK is potentially good news for you. With a windscreen ticket the PPC can’t access the keeper’s details from the DVLA until after day 28 (and before day 56), so with Christmas that may be the reason it’s been slightly delayed - they usually don’t wait much after day 28 to access your details.

If you can divert them from accessing the data by you providing them with the keeper’s details (not the driver’s) via the template initial appeal, then that can be strategically very important, and quite possibly a winning route for you.

Sorry to hear of your baby’s condition, please don’t take what I now say as harsh or uncaring, but neither the PPC nor POPLA will take those circumstances into consideration. You will need to deal with this on legal and technical grounds - which we will help you with.

Nonetheless, if your baby’s condition is an ongoing one, I would add a paragraph to your initial appeal about the time it took the family to set up the oxygen taking priority over and delaying the displaying of the permit and that as a service provider, the PPC must make reasonable adjustments to take account of your baby’s condition, as provided for under the Equality Act 2010 . While this is unlikely to win your initial appeal, it gives the PPC early warning and tees them up for you to sue them under the EA in due course, if they continue to hassle you.

HTH

miketaff1408 · 7 January 2018 at 11:49PM

Thanks for your advice, I will get the appeal sorted ASAP.

Being new to this sort of thing, looking at the ticket, the 'time of issue' of the ticket is 22:45, as well as the 'time first seen' being 22:45. Am I barking up the wrong tree or could it be argued that as a visitor to the block of flats that has not given any leeway for a visitor such as myself who would have to travel all the way round the building from the back, up four floors to obtain said permit from the flat owner and then return to the car to display it?

Thanks for any advice.

Coupon-mad · 7 January 2018 at 11:51PM

No, don't say that - you even said 'such as myself' which is exactly why we have a template, to stop people doing that!

Get the appeal in online right now, tonight, not tomorrow which is a working day and would give them scope to get DVLA data first thing, before they saw your appeal. Do it NOW, choosing 'registered keeper' on the dropdown menu.

claxtome · 7 January 2018 at 11:54PM

Am I barking up the wrong tree or could it be argued that as a visitor to the block of flats that has not given any leeway for a visitor such as myself who would have to travel all the way round the building from the back, up four floors to obtain said permit from the flat owner and then return to the car to display it?

The timings seem harsh at best.
Almost as if they were waiting for people to fall into a trap.
I doubt the timing contravenes any regulations though.
(Certainly would mention it in a Witness Statement, if it gets that far, where you can voice your opinions)

What do the signs say about timings and displaying permits?

PCN from UKPC

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