3 possible legit UKPC invoices

Logick

Hi all,

My girlfriend has received 3 parking invoices on her car for parking in my UKPC-controlled car park. Two were for staying more than the 24 hours per 48 hour period that is allowed according to the signs, and one was because we completely forgot to put the visitor's pass in her windscreen.

I gather that the advice now is to appeal to the new independent appeals committee? Can someone please explain why this is to me, and link me to a few posts telling me exactly what to do? I'd really appreciate any help on this! I would have thought that as they are only allowed to charge based on damages, they have absolutely no legal standing as £90 in damages is virtually impossible?

Thanks,
Ollie

Stroma

Wait until you get the notice to keeper on each case , then send this to them




Name
Address

Date

Dear Scammers,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company as it is a punitive charge, thus a penalty! If you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 3 of the BPA Code of Practice.

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 else the keeper rejects your charge, 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 time-frame stipulated above.

Yours Faithfully

Your name (printed)

pogofish

UKPC and "Legit" should never be used in the same sentence!

You almost certainly have a fake private ticket here and if it was issued in England or Wales, you need to make a "soft" appeal to UKPC, and insist on a POPLA code on its near-inevitable refusal. Then you refer to the POPLA appeal threads here and assemble a stronger "hard" appeal to POPLA, which you will stand a good chance of winning - and even then, POPLA decisions are not binding on you, so you can ignore that.

Logick

Thanks for the advice; my girlfriend however is concerned that if she loses the POPLA appeal, UKPC will be more likely to take her to court, and the lost appeal will weigh against her.

What would a lost POPLA appeal really mean for her?

hijigu

I think I am also in a similar situation.

I went to visit one of my friends and parked the car in the visitor bay of the apartments. My friend has recently moved in to this property and he did not have visitor permit to be displyed in the car.

So I as registered keeper have received this parking charge from UKPC and on the notice it says driver is bound by the contract. However registered keeper - I was not driving on that day.

What should I do? Should I send them any letters?

Thanks much!

pogofish

Logick wrote: »

Thanks for the advice; my girlfriend however is concerned that if she loses the POPLA appeal, UKPC will be more likely to take her to court, and the lost appeal will weigh against her.

What would a lost POPLA appeal really mean for her?

Very highly unlikley - what POFA did not do was make these tickets any more legal than they were before (which was not at all), so on the very unlikley offchance they did chance a small claim after a POPLA appeal, they would still lose in the face of a strong defence. However, most people who submit a strong defence to POPLA do win but POPLA decisions are only binding on the PPC.

Also, by "my UKPC-controlled car park," do you mean where you live and is the space included in your deeds/lease? If so, your right to quiet enjoyment applies just as much as in your home and they have no right to ticket you or your GF whatsoever to begin with. If this is the case, another approach would be to write to your managing agent and insist they have the ticket cancelled forthwith and instruct them to stop UKPC from predating on your space ever again.

pogofish

hijigu wrote: »

I think I am also in a similar situation.

I went to visit one of my friends and parked the car in the visitor bay of the apartments. My friend has recently moved in to this property and he did not have visitor permit to be displyed in the car.

So I as registered keeper have received this parking charge from UKPC and on the notice it says driver is bound by the contract. However registered keeper - I was not driving on that day.

What should I do? Should I send them any letters?

Thanks much!

Best thing you could do is look at the current UKPC threads, check your docs to determine the status of your space and start your own thread - pitching-up on other peoples threads only confuses matters.

bazster

Logick and hijigu:

Clearly you are both referring to parking at private residences. For each of you, does the resident own or rent the home in question?

If the former, the owner needs to check the freehold or leasehold to see what it says about parking. If the latter, the tenant needs to check the tenancy agreement to see what it says about parking. (Plus taking note of any variations the owner/tenant may have agreed to since the original agreement).

If, in either case, the relevant agreement confers the right to free use of parking by the owner/tenant and/or visitors, and yet says nothing about a requirement to display a permit (and/or nothing about 24-hour periods or some such) then it's a slam-dunk: no half-baked signs and no two-bit parking company can override what it says in that agreement.

In these circumstances (if they apply) a very strongly worded letter to the management company (or whoever is responsible for the parking areas) is indicated, insisting that the parking charge notices are cancelled forthwith, and insisting on the owner/tenant's right to use the relevant parking without displaying permits and without submitting to whatever restrictions may be on the signs but not in the relevant agreement.

Separately, the appeal to POPLA should most certainly be pressed ahead with. A win is very likely if done properly, and the chance of court action in the event of a loss is very small indeed (and even less likely if the circumstances I describe above apply).

hijigu

Thanks a Bazster. I just called my friend and he said that in the tenancy agreement, it is mentioned that visitors can park if a visitor permit is displayed in the car which was not in my case.

Since there was no visitor permit displayed in the car, should I pay the charge? They are asking for £100 as fine. The car was parked in the visitor bay at between 9 and 10 PM.

I think it is the same scenario for Logick too! I meant about visitor permit not displayed in car.

Thanks a lot!

bazster wrote: »

Logick and hijigu:

Clearly you are both referring to parking at private residences. For each of you, does the resident own or rent the home in question?

If the former, the owner needs to check the freehold or leasehold to see what it says about parking. If the latter, the tenant needs to check the tenancy agreement to see what it says about parking. (Plus taking note of any variations the owner/tenant may have agreed to since the original agreement).

If, in either case, the relevant agreement confers the right to free use of parking by the owner/tenant and/or visitors, and yet says nothing about a requirement to display a permit (and/or nothing about 24-hour periods or some such) then it's a slam-dunk: no half-baked signs and no two-bit parking company can override what it says in that agreement.

In these circumstances (if they apply) a very strongly worded letter to the management company (or whoever is responsible for the parking areas) is indicated, insisting that the parking charge notices are cancelled forthwith, and insisting on the owner/tenant's right to use the relevant parking without displaying permits and without submitting to whatever restrictions may be on the signs but not in the relevant agreement.

Separately, the appeal to POPLA should most certainly be pressed ahead with. A win is very likely if done properly, and the chance of court action in the event of a loss is very small indeed (and even less likely if the circumstances I describe above apply).

bod1467

hijigu wrote: »

Since there was no visitor permit displayed in the car, should I pay the charge?

NO!!!!!!!!!!

:eek:

bazster

hijigu wrote: »

Thanks a Bazster. I just called my friend and he said that in the tenancy agreement, it is mentioned that visitors can park if a visitor permit is displayed in the car which was not in my case.

Since there was no visitor permit displayed in the car, should I pay the charge? They are asking for £100 as fine. The car was parked in the visitor bay at between 9 and 10 PM.

I think it is the same scenario for Logick too! I meant about visitor permit not displayed in car.

Thanks a lot!

NO! DON'T PAY! There are lots of other reasons why they can't make you pay this daft charge. The first thing to do is to send an appeal to the parking company admitting nothing but requesting a POPLA code. Here's a good example from Ukomaas and Stroma:

Name
Address

Date


Dear xxx

With reference to the invoice xxxx dated xxxxx , the keeper denies all liability for this charge as there is no loss to you or the landowner

The keeper requires that you immediately cancel this invoice. If you reject this challenge, please forward a POPLA verification code to appeal to them independently.


Faithfully

The keeper

And once you get a POPLA code, come back for help writing your formal appeal - but please start your own thread!