UKPC parking charge for Parked displaying a non valid permit

bbhangale · 9 October 2016 at 6:26PM

A week ago on my car windscreen found a UKPC parking charge for "Parked displaying a non valid permit". I parked in a bay allocated to another flat tenant in my building and was displaying my parking bay permit.

I have my own bay with a permit in the same building. I parked in the tenant's bay as the tenant was vacating the flat and requested me to provide my parking space for few hours as my parking is inside the building and next to the elevator.

We did not think of exchanging the permit as the parking bays are allocated and it did not occur to us that the permit is specific to bay and parking notice will be given.

I have appealed siting the reason above and awaiting reply.

I found mention of ignoring UK PC notices on the forums so wanted to check. If the appeal is rejected should I pay the fine?

Autolycus2000 · 9 October 2016 at 6:36PM

So you wanted to check whether to ignore the notice or not, but in the meantime you submitted an appeal - which kind of commits you to the not ignoring option. ;-)

As luck would have it, that's not a problem as the advice here would have been to not ignore it anyway. But from now on I'd suggest that if you want to check something you hold off taking action until you've got the answer.

Did you appeal as the Keeper or as the Driver? Hopefully it was the former and you did not say who the driver was.

If the appeal is rejected you should not pay the charge. What you should do now is is search on here and on pepipoo.com for POPLA appeals relating similar cases to yours.

Then, if/when your appeal to UKPC is rejected you should and draft your own appeal to POPLA. Before you submit that appeal post it here for comments and advice.

Fruitcake · 9 October 2016 at 8:29PM

It is not a fine. It is a speculative invoice from a scammer. UKPC were caught doctoring time stamps on photo' evidence last year.

As you received a windscreen ticket, you appealed too soon, and possibly gave away the driver's details.

What does your lease say about parking? Does it mention permits? If not, why are you displaying one?

Have you asked your landlord to cancel this? The parking company is supposed to be there to stop unauthorised parking, not penalise residents.

Please read the Sticky thread for NEWBIES on what to do next, and also advice on how to deal with any future private parking tickets.

bbhangale · 28 October 2016 at 10:47AM

Thanks for your information. As you said they did not accept my appeal and sent me this letter. Please suggest what I can do now?

Thank you for your recent correspondence in relation to the above Parking Charge.
We have investigated your appeal based on the information you have submitted and confirm that this Parking
Charge was correctly issued because there are sufficient signs at The Junction (Overflow Car Park) warning drivers
that should they park their vehicle without displaying a valid permit this will result in a Parking Charge being issued
to the vehicle.
Our Appeals process is now concluded, you may now pick one of the following options:
1. Pay the parking charge detailed above at the reduced rate of £60 to UK Parking Control Ltd. PLEASE REFER
OVERLEAF FOR PAYMENT OPTIONS AND ADDRESS DETAILS.
2. Make an appeal to POPLA – Submit an appeal online at within 28 days of the date of this letter
using the verification code above. “Alternatively if you do not have internet access, you can send a letter to POPLA,
PO Box 1270, Warrington, WA4 9RL within 28 days of the date of this letter using the verification code above.” Please
note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60, and
should POPLA’s decision not go in your favour you will be required to pay the full amount of £100. If you opt to pay
the parking charge you will be unable to appeal to POPLA.
By law we are also required to inform you that Ombudsman Services provides
an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not
chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you
must do so to POPLA, as explained above.
3. If you choose to do nothing the parking charge will automatically increase after 35 days from the date of this
letter to £100 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an
additional charge of £60, in accordance with our terms and conditions of parking, and further charges will be
claimed if Court action is taken against you. Any unpaid Court Judgement may adversely affect your credit rating.

Fruitcake · 28 October 2016 at 11:32AM

You still haven't told us if you appealed as driver (hopefully not) or as keeper.
You haven't told us what your lease says about parking/parking permits.
You haven't told us what happened when you asked your landlord to cancel this.
What do the signs say about permits, specifically what constitutes a valid permit? In other words, does the sign say that the permit (that you may not need to display if it is not a requirement of your lease) specify that the permit number must match the parking bay number?

You have already been advised what to do next which is, not pay and appeal to PoPLA.

bbhangale · 28 October 2016 at 2:41PM

I appealed as Driver
Nothing about parking permit in my tenancy lease
Did not speak to landlord as I parked the car in that bay
The sign say a valid permit must be displayed but nothing a permit specific to the bay must be displayed. My permit is valid as I have my own parking.

I will appeal to PoPLA.

Thanks for your support.

The_Deep · 28 October 2016 at 3:05PM

Where is the loss? How can a mutually agreed arrangement between residents amount to a breach of contract? How is this not an infringement of the "quiet enjoyment" to which leaseholders and tenants are entitled?

If it was me I would tell them to MTOBB and complain like stink to the MA. I can just imagine what a judge would say if they were daft enough to take this to court.

Why do you use a permit anyway? Is it a condition of your lease/AST? Read how one disgruntled resident dealt with them.

Fruitcake · 28 October 2016 at 3:23PM

bbhangale wrote: »

I appealed as Driver
Nothing about parking permit in my tenancy lease
Did not speak to landlord as I parked the car in that bay
The sign say a valid permit must be displayed but nothing a permit specific to the bay must be displayed. My permit is valid as I have my own parking.

I will appeal to PoPLA.

Thanks for your support.

It's a shame you appealed as driver as that means you have given away a valuably appeal point. That can't be helped and all is not lost.

Since there is nothing in your lease about a permit, that cannot be added in as an afterthought by a third party such as a parking company. Your contract with your landlord trumps any made up terms the parking company say you have. The sign therefore is irrelevant in what it says.

You really need to speak to your landlord about this. It is the easiest way to make this go away.

Read the most recent successful appeals in the POPLA Decisions sticky thread and pick out all the bits that apply. Post your draft here before you send it.
You should have at least, not the landowner, no standing to issue charges in their own name, and inadequate signage.
Pictures of the signs will help us here.

bbhangale · 2 November 2016 at 10:22AM

I am not allowed to post with full link, use https for the below urls -

Parking signage - drive.google.com/open?id=0BzKggg77jLxtdmlKTWpxU0RoUEU

POPLA appeal I have filled. Please let me know if changes required or I can submit.
drive.google.com/open?id=0BzKggg77jLxtZHVmaW1RR1hMU3M

The_Deep · 2 November 2016 at 10:48AM

Whether you appealed as driver of RK is immaterial in this instance. You do not need the protection of POFA, the various Housing Acts give you all the weaponry you need.

Unless your lease/AST specifically states to the contrary, no PPC permit is required. They are possibly committing an offence under The Landlord and Tenant Acts in harassing you. The purpose of appointing PPCs is to keep outsiders out, not to harass residents.

Read these

http://parking-prankster.blogspot.com.es/2016/11/tenancy-agreement-not-overruled-by.html

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

If they were to take this to court they may be opening themselves to a claim for substantial damages.

Honeybea7 · 2 November 2016 at 3:04PM

Hi guys wondering if anyone can help me ....I have a UKPC notice come through my door suggesting court action for a ticket on my vehicle for parking in a disabled bay in a retail park. How should I I appeal this. I wasn't driving the car at the time. I have no ticket but the picture shows it plastered on my windscreen. The parking charge notice was for 21/07/2016. The letter I received is also a few weeks old now so it may be court action has already been sought but I have no confirmation of this yet?

UKPC parking charge for Parked displaying a non valid permit

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