Assigned Residents Space Without Displayed Permit

tospig

Whatever you do, don't pay them.

I've had 8 tickets from UKPC for parking at my flat and have ignored 7 of them. I receive the most recent one after Oct so I thought I'd try appealing, hoping they'd give me a POPLA code. Unfirtunately UKPC accepted my appeal so i never got the chance to appeal to POPLA. (Incidentally, the sign in the car park only has one condition on it, so i appealed against this. As UKPC accepted my appeal they are basically saying their sign/parking conditions are meaningless.)

Coupon-mad

blawford wrote: »

I have spoken with my landlord and all she was able to give me was the letter sent by the management company when the private parking company was employed explaining the rules and regulations of the new system etc.

She said that there wasn't anything in any other documentation relating to her ownership of the flat regarding the parking space.

I have yet to look at the signs in the car park, will try and do that tonight.

Anyone any advice about where I go from here?

You need do nothing yet because you've only had the fake PCN on the windscreen and we advise now, to always WAIT for the first letter to arrive to the registered keeper. Then you challenge that, specifically worded from you as the registered keeper (if that's you) not even telling them who was driving or anything at all.

So in your case you challenge only when you get the Notice to Keeper in the post (keep the envelope by the way, if the posting date is later than the date on the Notice inside).

If you like, use something generic in a 'legalese' format along these lines:

http://www.parkingcowboys.co.uk/appeal-letter/

or summat more specific but still written from the registered keeper only:

'I am the registered keeper of VRM xxxxxxx and can advise you that this vehicle always has the permit displayed on the dashboard and in addition, my landlord and myself as tenant have an exclusive right to allow a vehicle to be parked there. As such, I consider your operative was in fact trespassing in my assigned bay when a 'ticket' was placed on my vehicle (Davey v UKPC refers; I am sure you are familiar with that case). *

For various reasons you have failed to establish 'registered keeper liability' under the Protection of Freedoms Act 2012. I owe you no money, will not be paying and expect the 'charge' to be cancelled forthwith and, of course, for UKPC and your agents to cease and desist with any further contact except to confirm cancellation.

If you should reject my challenge I require you to state whether your alleged 'charge' purports to be issued under contract, or breach of contract, or trespass as this is one of several issues which you have not made clear at all in your letter. If you reject, take notice that I will send a robust appeal to POPLA including (but not limited to) points about the many ways in which UKPC signage, deadlines, charges, Notices and indeed your contracts with landowner clients fail to meet the various requirements of the BPA Code of Practice and indeed UK law, notably (from a cursory glance at this stage) Schedule 4 of the Protection of Freedoms Act 2012 and the Consumer Protection from Unfair Trading Regulations 2008.'


(don't forget, not yet! Wait, be patient, wait for the Notice to Keeper).



* here you go, Davey v UKPC thread for your info blawford! Strictly speaking as you are a tenant not the owner, you probably couldn't sue them for trespass - but the case is worth quoting as the bay is specifically assigned to your landlord/you and UKPC have recently got their fingers burnt in this 'residents bay' case!

blawford

Coupon-mad wrote: »

You need do nothing yet because you've only had the fake PCN on the windscreen and we advise now, to always WAIT for the first letter to arrive to the registered keeper. Then you challenge that, specifically worded from you as the registered keeper (if that's you) not even telling them who was driving or anything at all...

Come back from holiday to find a letter from UKPC on my doorstep now asking for £90.

Should I now appeal along the lines of the information you have given me? I thought I would now be outside of the 28 day period (if taken from when the ticket was issued on my windscreen) but I suppose that is actually from when I receive the letter?

Guys_Dad

Now you send them an appeal which might very well fail, but that's no problem as we have POPLA.
Talk stroma's usual appeal but add 'I dispute that my pass was not on my dashboard and request, as per POPLA and BPA guidelines that you send me photographic evidence to the contrary'.

blawford

Guys_Dad wrote: »

Now you send them an appeal which might very well fail, but that's no problem as we have POPLA.
Talk stroma's usual appeal but add 'I dispute that my pass was not on my dashboard and request, as per POPLA and BPA guidelines that you send me photographic evidence to the contrary'.

Where would I find "stroma's usual appeal?"

Guys_Dad

blawford wrote: »

Where would I find "stroma's usual appeal?"

This:-

Name
Address

Date

Dear PPC,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company. I dispute that my pass was not on my dashboard and request, as per POPLA and BPA guidelines, that you send me photographic evidence to the contrary'

If you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per the POPLA web site.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code. If you wish to find out why the keeper rejects all liability, pay the £27 plus vat to POPLA to find out.

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above.

Yours faithfully

Your name (printed)

I have added my suggested sentence.

DO NOT SIGN THE LETTER, Just your typed name

blawford

Guys_Dad wrote: »

This:-

Name
Address

Date

Dear PPC,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company. I dispute that my pass was not on my dashboard and request, as per POPLA and BPA guidelines, that you send me photographic evidence to the contrary'

If you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per the POPLA web site.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code. If you wish to find out why the keeper rejects all liability, pay the £27 plus vat to POPLA to find out.

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above.

Yours faithfully

Your name (printed)

I have added my suggested sentence.

DO NOT SIGN THE LETTER, Just your typed name

Thanks, I will send that soon. I think they may have already provided my a POPLA code? I could be mistaken about that. I assume I should send this in an actual letter, they do have an online claims process according to the ticket.

Guys_Dad

blawford wrote: »

Thanks, I will send that soon. I think they may have already provided my a POPLA code? I could be mistaken about that. I assume I should send this in an actual letter, they do have an online claims process according to the ticket.

Amend your appeal accordingly then. I would look at their web site to see their current recommendations for filing an appeal. I wouldn't trust a thing the PPCs have in their ticket info!

Coupon-mad

blawford wrote: »

Thanks, I will send that soon. I think they may have already provided my a POPLA code? I could be mistaken about that. I assume I should send this in an actual letter, they do have an online claims process according to the ticket.

They can't have sent you a POPLA code surely if you haven't appealed yet. A POPLA code is a 10 digit code, check the letter, I can't see it being one at this stage.

And if you haven't already sent that email/letter (either is OK if the letter gives both forms of contact for appeals) I would amend it a bit as the added line suggests/implies you were driving which you want to avoid. So if not sent yet change the added line to:

'I dispute that the pass was not on the dashboard'.

nigelbb

Don't mention the permit. Don't say 'I'. You are responding as the keeper of the vehicle not the driver. You may not know who the driver was. A £90 charge for parking is clearly a penalty designed to enforce particular parking behaviour.