UKPC Fine For Leaving Site

The time has come for me to send my appeal online. I will use the letter in the Newbies thread. I just have a few questions so that I don't mess up which I would pleased if you would advise me on.

Should I make any reference to the reason for the fee being that the driver left the site and state that there is no evidence of this?

Do I still keep in the point about the photos of the parkibg contract etc even though I can access these on their website. I will enclose a copy of the receipt for a purchase the driver made on site as well.

Do you advise posting the letter or will online be suffice?

Just making sure there is nothing more to add at this stage.

Any help will be greatly appreciated.

I have received the following response to my appeal which I thought would be of interest to share. My appeal consisted of the template letter from the Newbies thread. I do happen to have a receipt to prove that the driver used the facilities which I can send to them as they requested, do you suggest I make any other comment at this stage or just send the receipt? Although they say that there were sufficient signs warning drivers that they should not leave the site none of the conditions apart from the 2 hour limit could be read from the car or near where I parked without having to walk right up to one of the boards to read the smaller writing. It sounds like my appeal could be successful if I just send them a receipt unless they are just making it sound hopeful.




Thank you for your recent correspondence in relation to the above Parking Charge.


The highest court in the UK, the Supreme Court, has unambiguously confirmed that parking charges issued on private land are fully enforceable. In the case of ParkingEye v Beavis [2015] UKSC 67 their Lordships stated that private parking charges were enforceable because they served a legitimate interest and were in the interests of the public generally. The case confirmed that the amount of the charge does not have to reflect any loss that might have been caused by breach of the terms and conditions of parking. All of our signage is fully compliant with the guidelines set out within the BPA Code of Practice and we reject the notion that it is in any way unclear or ambiguous. The contract that UKPC has with the owner or occupier of the land (which authorises UKPC to enter into a contract


with the driver requiring the payment of Parking Charges in respect of parking of the vehicle on the land) contains a confidentiality clause and as such we are not in a position to provide the contract to you. As a member of the Approved Operator Scheme, UKPC are audited by the British Parking Association to ensure that we have all relevant contracts in place. UKPC will provide the court with a copy of this in full if they require it, or can provide a written statement to this effect from those party to the contract. We are also more than happy to provide confirmation to the independent assessors that we are authorised to manage parking at this site. We can confirm that parking management at this site has been contracted to UK Parking Control Ltd. Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states that we must inform the registered keeper that the driver of a vehicle is required to pay the parking charge in full. It also notes that as we do not know the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should


inform the operator (i.e. us) of the name and current address of the driver and pass the notice to them. The Act also warns that if, at the end of the period of 28 days (beginning with the day after the Parking Charge is sent), the parking charge has not been paid in full and the operator does not know both the name and current address of the driver, the operator has the right to recover any unpaid part of the parking charge from the registered keeper. This warning is given under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to us complying with the applicable conditions under Schedule 4 of that Act (which we consider we do comply with, to the letter).


Drivers parking their vehicles and then walking off the site at Vastern Court are registered by our warden and a record of their registration numbers is made on our database.


There are sufficient signs within this area warning drivers that should they leave their vehicles unattended without permission and without using the facilities that this will result in a Parking Charge being issued. In order to make a final decision regarding your appeal, please can you provide evidence to show you were using the facilities on site to our Appeals Department within 14 days of the date of this letter. Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received, at this stage a POPLA verification code will be provided. Further correspondence can be sent to our postal address below or on our website at. Please can you ensure that your parking charge details are attached when sending further correspondence. The Parking Charge has been on hold whilst under appeal and may be settled in full at the reduced rate of £60.00.

They have stated that "In order to make a final decision regarding your appeal, please can you provide evidence to show you were using the facilities on site to our Appeals Department within 14 days of the date of this letter"


What if I sent a copy of the receipt stating "please find attached the copy of the receipt which proves that the driver was using the facilities on site" I paid in cash for the item so there is no name on the receipt, is it worth a try in case they cancel the charge on this evidence?

That's great, it's worth a shot but I won't hold my breathe but at least I will not be stating who the driver is, I appreciate your help and I will post the outcome back on here. However I am expecting it to go to POPLA!