Are the PCN "Invoices" (UKPC) issued for leaving the site still enforceable?

WinstonChurch

[FONT=&quot]Hello All,[/FONT]
[FONT=&quot]At the weekend we left a car park in Havant, Hampshire after visiting the Carphone Warehouse shop (on site) and our return, we found a notice on the windscreen from UKPC and it says we are being charged £60 for leaving their site (or £100 after 14 days if not paid). I’ve read a lot of articles on MSE and other sites saying it is not enforceable.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]But I understand there was new legislation in October 2012 as detailed on "Honest John's" website "[/FONT][FONT=&quot]A new Law from 1st October 2012 changes liability for parking on private land from the driver of the vehicle to the vehicle’s registered keeper, unless the keeper clearly identifies who was driving the car at the time."
[/FONT]
[FONT=&quot]Please can someone advise whether the notice is enforceable under the new legislation introduced in October 2012?[/FONT]
[FONT=&quot]Thanks a lot.

W[/FONT]

Orrin

The Protection of Freedoms Act (POFA) introduced keeper liability for private parking charges in England and Wales. This just means that provided the parking company meet their obligations under the act they can pursue the keeper instead of the driver for the unpaid charge.

Whether the charge is enforceable to begin with remains the same.

Iceweasel

As Orrin correctly says it's no more or less enforceable than before.

But what you must not do is ignore the letters that will likely arrive.

The current thinking on that has certainly changed.

If you explore more on here you will quickly see what advice regards action on the part of the keeper is being given to others.

WinstonChurch

Thanks Orrin and Iceweasal for your comments.

Do you have a link showing a draft letter on how we should respond in writing to UKPC. We didn't actually make any purchases (i.e we just "Windows shopped") and nipped off site to go to another shop for 20 minutes (well within the 2 hour limit).

Cheers, W

Guys_Dad

Simple appeal saying you were shopping on the site and you require evidence of all of your car passengers leaving the site, not just the driver.

Invite them to cancel the charge or issue a POPLA code.

WE usually expect a rejection and then we go for a POPLA appeal.

Umkomaas

OP - you may be interested in this court case and possibly quote from it in any eventual POPLA appeal - mitigating losses. Have a read, it's very interesting and quite amusing, especially towards the end with a PPC solicitor definitely caught with her pants down!

http://notomob.co.uk/discussions/index.php?action=dlattach;topic=2793.0;attach=2873

impvan

".... and bring a toothbrush"

Love it!

WinstonChurch

Dear All, Thank you for your helpful comments. Guys Dad, why is it important for the PPC to show evidence that all occupants left the site. I thought the contract was with the driver or drivers only?

Winston

Guys_Dad

Well, it is ludicrous for a driver who goes shopping and whose wife leaves site to be classified as ok, but if the wife goes shopping on site and the driver leaves then they are charged.

The purpose behind the contravention is that the landowners provide a car park for shoppers when they are on site. It surely is irrelevant which member of a couple or members of a family are shopping if one of the group chooses to leave site, regardless if they are the driver or not.

To take it further, if you were a volunteer driver who used your car in a voluntary capacity to take a disabled person shopping and then wen to the cafe next door whilst they were actually shopping, why should that attract a charge?

Worth checking the exact wording and also asking for photographic evidence, as per BPA/POPLA recommendations.

Coupon-mad

WinstonChurch wrote: »

Thanks Orrin and Iceweasal for your comments.

Do you have a link showing a draft letter on how we should respond in writing to UKPC. We didn't actually make any purchases (i.e we just "Windows shopped") and nipped off site to go to another shop for 20 minutes (well within the 2 hour limit).

Cheers, W

Only on (almost) every single thread on the forum:

https://forums.moneysavingexpert.com/discussion/comment/62827554#Comment_62827554

...and do read ahead to POPLA strong appeals (again by reading threads about any fake PCN, look at the first 3 or 4 pages of this forum and you'll find POPLA appeal examples linked endlessly in advice, like in a loop.