UK Parking Control Ltd - ticket issued....

Flyazure

I just received a £90 fine ticket on Saturday. Ruined my bank holiday!

I parked my motorcycle for less than 5 minutes outside the shop I went to. As there were no available spaces. I parked just outside a disabled bay, to the left side on the extended yellow hashed section, attempting to cause the least impact to anyone. There was adequate space for a good sized vehicle to still park and open doors to both sides.

I did not see any signs displayed as I entered the retail car park!

Yesterday I drove to this car park to specifically look for any signs. To my amazement I could find nothing until I drove around the one way system to the exit, where I finally located two identical, quite small signs supplied by this so called parking company. It is possible to exit mid-point in this car park, without entering the one-way system section, as I did on leaving with my motorcyle, and entirley miss the Exit signage. They are attached, high up a pole to both sides of the exit road, on which the Exit sign is displayed and on the reverse, the No entry sign shows to the rear.

Am I to understand that the ticket, supplied very kindly with a pre-addresses envelope (Not per-paid postage...) is illegal and uninforceable?

Should the law of contract be in play, I was not in a position to agree any terms of contract with the land owner or the parking company as I did not see a sign and would not have unless I exeted by the specific one - way system exit?

Many thanks in advance for your help.

Browntoa

unenforecable

ignore

expect more letters of various colours to also ignore

Flyazure

Thanks. Having read a lot of similar posts, I wonder if I should appeal to this parking company, telling them their signs are useless?

Browntoa

not really , you will only confirm you recieved the first ticket

unlesss you REALLY want to take the time to go via the POPLA appeals

Stroma

If you are going to appeal to them, you have to go to popla as well , as they won't allow because by doing so they will be admitting breaching the bpa code of practice.

So it's up to you, either ignore it all with a very little chance of them trying the small claims, or going the full hog including popla who are the independent appeals. If the latter we can help you with that.

Coupon-mad

Flyazure wrote: »

Thanks. Having read a lot of similar posts, I wonder if I should appeal to this parking company, telling them their signs are useless?

YES. I do advise appealing and using POPLA, as do most pepipoo forum posters now.

But it depends if you've had this fake PCN in the post or on the bike? Only appeal once you (the registered keeper) receive the first letter in the post.

I would suggest you look at the 'signage' part of the BPA Code of Practice (on the BPA website). Then quote it at UKPC and point out where they have failed to comply with the Code. There are requirements regarding clarity of signs which must be readable, must be at the entrance and regularly around the car park, must be specifically at disabled bays too so that they can be read without getting out of a car.

Quote it all at UKPC - but only once you get the first postal Notice. Was this a postal fake PCN, you haven't said?

Also ask them in a separate paragraph, to clarify whether their 'charge' is issued under tort of trespass, or contract, or breach of contract, and to clarify whether any loss has been made and by whom. If the loss was allegedly suffered by the landowner/retail occupier, then how does UKPC pass this on to them and how is this loss broken down? {There are reasons for asking this!}.

Finish by saying you will require a POPLA code of they reject your challenge.

Flyazure

Thanks again. The ticket was stuck to my bikes small screen. I have not had a letter in the post yet. What would a Fake Postal PCN look like?

fisherjim

Flyazure wrote: »

Thanks again. The ticket was stuck to my bikes small screen. I have not had a letter in the post yet. What would a Fake Postal PCN look like?

They are all here if you have a look> https://forums.moneysavingexpert.com/discussion/2329119

Flyazure

Many thanks for this.

Coupon-mad

Flyazure wrote: »

Many thanks for this.

The first letter should be called a 'Notice to Keeper/Owner' or similar.

See this:

http://www.parkingcowboys.co.uk/keeper-liability/

Let us know when you get that letter and what you have decided to send as the challenge.

nigelbb

Coupon-mad wrote: »

The first letter should be called a 'Notice to Keeper/Owner' or similar.

See this:

http://www.parkingcowboys.co.uk/keeper-liability/

Let us know when you get that letter and what you have decided to send as the challenge.

If they are trying to use Schedule 4 of POFA 2012 to invoke registered keeper liability then it must be called a Notice To Keeper. If they call it a Notice To Owner they are in breach of the BPA CoP as it's a misrepresentation of authority trying to pretend that it is a "proper" parking ticket where they do indeed send out an NTO.