UKPC not correctly parked within bay

Pealicious

Hi everyone

I have had a look through this forum - to which I am so new I don't even know how to start a new thread - but none of the cases are quite the same as mine so I would realy appreciate some advice. I will summarise:

• I parked in Eden car park High Wycombe. On the 2nd floor is an area ion the corner which has a line at the back of it and enough space to park 2 cars but no marked bays as such.
• The same area on the floor below has cross hatching and signage for motorbike parking but nothing on the 2nd floor to indicate you may not park there
• I received NTD on windscreen with £100 - reduced to £60 if paid in 14 days - stating not parked correctly within markings of bay
• There are small signs near the lift area stating you need to park within marked bays (I found these afterwards ofcourse!)
• I had already paid for parking by the time I returned to my vehicle so no losses incurred
• Worst of all I have now lost the ticket they kindly stuck on my car
• I am not the registered keeper, thats my boyfriend.

Please can anyone tell me what to do. Appeal - this means contacting them to tell them i have lost my ticket and no doubt admitting to being driver - or ignore and risk court.
I am very worried but will sit tight and ignore if advised to do so - I am aware of a change in the law and this is of concern.


Many thanks all - any hlp you can give much appreciated.

bazster

For now, make a cup of tea and relax. You need do nothing unless and until your boyfriend receives a Notice to Keeper in the post. This might be quite a while in arriving though - but they must send it, they can do nothing else for now.

To reassure you in the meantime:

- inadequate signage means they lose.
- they haven't accused you of not paying, so there is no loss to them. They lose.

And lots more!

Guys_Dad

I agree with bazster. Would photos help your case? If so, can you take some. Also of the sign about parking in marked bays.

Pealicious

I will take some photos, thank you for that. So when the NTK arrives please can you confirm what I do at that point? Thank you.

Herzlos

They might argue that the parking has prevented someone else using a space, but they'd need to provide evidence of this and assuming you paid but didn't actually use a space, there's still no loss.

bazster

Pealicious wrote: »

I will take some photos, thank you for that. So when the NTK arrives please can you confirm what I do at that point? Thank you.

You come back here and tell us. We will then establish whether it is compliant with the legal requirements, and help you write a challenge for your boyfriend to send to UKPC.

UKPC will most likely reject the challenge, and we will then help you write an appeal for your boyfriend to send to POPLA (the "independent" appeals service). He will very likely win this appeal, but in the unlikely event he loses, he then ignores them until they go away.

I keep saying "your boyfriend", because it's important not to tell UKPC who was driving. They are much more likely to make fatal errors in their paperwork if they are pursuing the registered keeper, because the law which they believe entitles them to pursue the keeper rather than the driver is very, very detailed about what they must do, and if they get it wrong in one detail they lose. Well they most likely lose anyway, but it's easier if they simply hand you a victory by screwing up their paperwork.

bazster

Herzlos wrote: »

They might argue that the parking has prevented someone else using a space, but they'd need to provide evidence of this and assuming you paid but didn't actually use a space, there's still no loss.

That would be hilarious, since it wasn't a space!

nigelbb

OK, I posted in your thread hijack by mistake.

I am certain that I have seen a case exactly like yours not so long ago over on http://forums.pepipoo.com/index.php?showforum=60 In that case as I recall the motorist won an appeal at POPLA as the photographs of the signs & markings (or lack of) supported the appeal. It may well be the same car park.

There are good tactical reasons for not responding to a NTD but waiting for the Notice To Keeper to come through the post.

fisherjim

I know this car park well, the scum bags UKPC, and their illiterate attendants only infested this car park in January.

I think I once parked where you did when the other (more reasonable) PPC ran it, they actually placed a very polite note on my screen saying it was not a parking area please refrain from parking here.

I actually think that there should be a couple of bays there but they just missed being marked up, as there is no reason why they are not defined.

I think you will find that there are a few signs dotted around the car park stating UKPC's made up rules, and about parking in marked bays.

However as in most UKPC's car parks there are no signs covering the entrances or barriers at all, which I believe is a BPA requirement.

Mollymoo10_2

Hi everyone,

Okay so this started out a few months ago. I work nights and to be quite honest I was in the wrong and parked in a UKPC parking area. I came back to my car when I saw the parking ticket that had been issued at 1.00am! I listened to everyone and ignored all the letters... (I have just received my first Zenith collections one).

Now I don't have an issue ignoring it, but I was actually given another one last week in a different parking area. The sign I could barely read and I actually didn't realise it was a private parking until I saw the yellow ticket on my car.

I'm worried because I'm probably the only moron that has managed to get out 2 tickets at once. What do I do?

Thanks!

Coupon-mad

Ignore the 1st one as you're too late for POPLA but start a new thread about the second one. See my signature for where to click off this thread.