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  • FIRST POST
    • kingdonm42
    • By kingdonm42 28th Apr 17, 10:09 AM
    • 13Posts
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    kingdonm42
    UK Parking Control Ltd - Wrong address on Parking Charge Notice
    • #1
    • 28th Apr 17, 10:09 AM
    UK Parking Control Ltd - Wrong address on Parking Charge Notice 28th Apr 17 at 10:09 AM
    Hi

    I have read the very helpful stickys and before sending off the provided templated response, I have a question.

    The Parking Charge issued, stuck to the windscreen by UK Parking Control Ltd has an incorrect address in the Location box and I wondered if this should alter my approach.

    The Location states

    Bute Street Car Park
    Bute Street
    Coventry
    BL1 5JN

    The car was in a car park in Bolton, (at the post code used above) not Coventry. We had left our car in the car parking space allocated to my daughter's flat whilst we were on holiday.

    They were staying at our house and so they did not need the space for this time.

    The notice states "Parked in a permit area without displaying a valid permit".

    Does the incorrect location make a difference please?

    Thanks
Page 1
    • Umkomaas
    • By Umkomaas 28th Apr 17, 10:19 AM
    • 14,049 Posts
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    Umkomaas
    • #2
    • 28th Apr 17, 10:19 AM
    • #2
    • 28th Apr 17, 10:19 AM
    Does the incorrect location make a difference please?
    Could be useful at POPLA, but not necessarily a showstopper. Plenty of other appeal points to make including:

    No keeper liability, including Notice to Keeper errors (PoFA 2012)
    The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
    No Contract to manage parking
    No Locus Standi
    Signage
    Consumer Rights Act 2015
    BPA Code of Practice breaches
    Why Beavis doesn't apply in your parking event

    Post #3 of the NEWBIES FAQ sticky helps guide you through the POPLA process.

    Let us see your draft for critique and fine tuning prior to submission to POPLA.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • kingdonm42
    • By kingdonm42 28th Apr 17, 10:38 AM
    • 13 Posts
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    kingdonm42
    • #3
    • 28th Apr 17, 10:38 AM
    • #3
    • 28th Apr 17, 10:38 AM
    Could be useful at POPLA, but not necessarily a showstopper. Plenty of other appeal points to make including:

    No keeper liability, including Notice to Keeper errors (PoFA 2012)
    The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
    No Contract to manage parking
    No Locus Standi
    Signage
    Consumer Rights Act 2015
    BPA Code of Practice breaches
    Why Beavis doesn't apply in your parking event

    Post #3 of the NEWBIES FAQ sticky helps guide you through the POPLA process.

    Let us see your draft for critique and fine tuning prior to submission to POPLA.
    Originally posted by Umkomaas
    Thanks for the swift reply....

    I was just going to use this appeal template for BPA members....

    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
    • Umkomaas
    • By Umkomaas 28th Apr 17, 11:12 AM
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    Umkomaas
    • #4
    • 28th Apr 17, 11:12 AM
    • #4
    • 28th Apr 17, 11:12 AM
    Did you know there is a winding up petition for UKPC, but at the moment they are still trading? It's not known what the reasons are, but could be unpaid taxes - HMRC don't mess about if big figures are involved.

    But car parking firms have a track record of closing one day, then phoenixing a couple of days later. If this happens it may be of importance in any POPLA appeal you make.

    http://parking-prankster.blogspot.co.uk/2017/04/ukpc-winding-up-order.html

    Yes that's the template.


    Was this a windscreen ticket and you've received nothing in the post from them? If so, and you've made no changes to the template, then send it off around day 25 as per instructions on the ticket.
    Last edited by Umkomaas; 28-04-2017 at 11:15 AM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • kingdonm42
    • By kingdonm42 28th Apr 17, 11:16 AM
    • 13 Posts
    • 8 Thanks
    kingdonm42
    • #5
    • 28th Apr 17, 11:16 AM
    • #5
    • 28th Apr 17, 11:16 AM
    I didn't know, that's certainly interesting.

    So, for the avoidance of doubt I should send the templated initial appeal and then move to the POPLA stage should that not work?

    Thanks again
    • Umkomaas
    • By Umkomaas 28th Apr 17, 11:24 AM
    • 14,049 Posts
    • 22,069 Thanks
    Umkomaas
    • #6
    • 28th Apr 17, 11:24 AM
    • #6
    • 28th Apr 17, 11:24 AM
    I didn't know, that's certainly interesting.

    So, for the avoidance of doubt I should send the templated initial appeal and then move to the POPLA stage should that not work?

    Thanks again
    Originally posted by kingdonm42
    Yes, but please do read the NEWBIES FAQ sticky thoroughly as it will guide you through all this on a self help basis.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • kingdonm42
    • By kingdonm42 18th May 17, 11:17 AM
    • 13 Posts
    • 8 Thanks
    kingdonm42
    • #7
    • 18th May 17, 11:17 AM
    • #7
    • 18th May 17, 11:17 AM
    I have today received this response to my appeal.

    As an aside I have just discovered that no parking permit was issued to my daughter from the company which managed the building. She failed to tell me this at the time!!

    So I plan to contact that management company to ask them to have the ticket cancelled as it was impossible to display a permit that had not been issued.

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

    In order to make a final decision regarding your appeal, please can you provide a copy of the following to our
    Appeals Department within 14 days of the date of this letter:

    1. Th driver's full name and address.
    2. Your valid parking permit.

    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).

    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 www.ukpcappeals.co.uk.

    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.

    PLEASE DO NOT IGNORE THIS LETTER. UKPC REGULARLY TAKES MOTORISTS TO COURT WHO IGNORE

    THEIR PARKING CHARGES. PLEASE SEE: www.ukparkingcontrol.com/parking-legalities FOR FURTHER
    INFORMATION.

    Any help on next steps would be greatly appreciated.
    Last edited by kingdonm42; 18-05-2017 at 11:28 AM.
    • Umkomaas
    • By Umkomaas 18th May 17, 11:24 AM
    • 14,049 Posts
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    Umkomaas
    • #8
    • 18th May 17, 11:24 AM
    • #8
    • 18th May 17, 11:24 AM
    Standard phishing email that most people receive. Obtaining the driver's details gives them an advantage, that is why we say never to reveal those details.

    So you ignore this and by around day 35 after your initial appeal, they will send you a rejection letter with a POPLA code.

    Did you not pick up this stunt of theirs from reading other UKPC threads?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • kingdonm42
    • By kingdonm42 18th May 17, 11:50 AM
    • 13 Posts
    • 8 Thanks
    kingdonm42
    • #9
    • 18th May 17, 11:50 AM
    • #9
    • 18th May 17, 11:50 AM
    Thank you.

    I didn't spot that no. I know it's a pain that you get the same questions all the time and I did try to self serve but must have missed it.

    Thanks again and I'll do as you suggest.
    • beamerguy
    • By beamerguy 18th May 17, 11:52 AM
    • 5,663 Posts
    • 7,317 Thanks
    beamerguy
    kingdonm42 .... Just another sleazy wheeze that UKPC try on.

    None of their business who was driving ... it's trap

    Just wait for your POPLA code and help will follow on here

    I love the bit saying "we always take people to court"

    YEH YEH, does not mean remotely that they win.

    Watch this space about the HMRC winding up UKPC, it's only
    a few days to go
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • kingdonm42
    • By kingdonm42 18th May 17, 12:03 PM
    • 13 Posts
    • 8 Thanks
    kingdonm42
    Yes. I'm hoping they go pop and make all this hassle go away.
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