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UKCPS Parking charge

just a breif update.

I parked, at the red dragon center and went to the cinema. On entering the carpark i could not see signs for a motocycle parking bay or directions to one. So rather than take up a car parking bay i parked on the pavemnet by the pay machines, thinking it would be safe not locked up to anything as there is bound to be cctv on the cash machines, I parked there on the curb not obsturcting wheel chair users, The Blind, general public etc....
I went to the cenima and watched a film, came out had my ticked marked so the parking was free as i used the venue and went home. A week later i had a parking charge through my door so i applied it, saying this as below.



DearSir or Madam,



Ticket number: 935792P

Vehicle registration number: xxxxxxx



Youissued me with a parking ticket on 30/07/2013at 18:19 stating I was out of a marked bay at the venue, Red Dragon Centre CF104JY and although not on the Parking on Private Land Appeals list ofgrounds for appeal I believe the ticket was unfairly issued and I will not bepaying your demand for payment for the following, there is no abdicate parkingfor a motorcycle and I could not, and did not see any parking for motorbikes whenentering the grounds.




  • The fee is disproportionate
According to theUnfair Terms in Consumer Contract Regulations, parking charges on private landmust not exceed the cost to the landowner during the period the motorist isparked there. In my case, the £100 chargeyou are asking for far exceeds the cost to the landowner of free parking aslong as I use the venue, and I did so in the Odeon cinema.



I also did not park on a road, or take up any other vehicle baysi.e.…. Car etc... I parked on a pavement curb, making sure I did obstruct wheelchair users, pushchairs the blind etc…..



Ifyou choose to pursue me please be aware that I will not enter into anycorrespondence and this will be the only letter you will receive from me untilyou answer the specific points raised in my letter.

Canyou also send me a POPLA code



Yoursfaithfully,
xxxxxxxxxxxxxxx

I have now recived another letter. What must i do now ? slightly worried
«1

Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    What did it say?
  • Your appeal admits you were at the site, you were the rider and you knew you were parked outside the bay.
    Be happy...;)
  • after the letter, they sent me it was only then it came apparent that i was outside a bay ? even tho there was nothing for a motorcycle area!

    The letter stated,

    Thank you for your appeal regarding the above notice charge.
    Vehicles parking at the above location must be parked within a correctly marked bay; there are numerous signs at the car park which state that vehicles should only be parked where a marked bay is present and must not be parked on,over,out of the lines forming a marked bay or in a bay marked for a specific vehicle type i.e Ambulance,Police,Coach etc. Parkig out of marked bays can cause obstruction, inconvenience and safty hazards to other users of the car park. By parking the vehicle out of a marked bay the driver contractually agrees to pay a parking charge of £100 (reduced to £60 for early settlement if paid with 14 days from the day of original ticket issue), which remains unpaid.bn

    UKCPS can only address the factual issues of where and how you parked. We will not enter into dicussions about the legality of parking on private land or of the landowners right to impose parking conditions on their property. We have considered everything stated in your correspondence but it does not contain grounds to uphold your appeal. If you wish to makefurther representation, with additional evedence, please provide this within seven days of this letter.
    Second appeals must contain additional reasons not contained within your intial representation which you wish us to consider. You may also appeal to an independent assessor through POPLA (Parking on private land appeals) details of wich will be sent at the appropriate time if requested. ( WHICH I DID IN MY FIRT LETTER )
    UKCPS Ltd provide national car parking solutions. We are DVLA and Data Protection registed; SIA approved and memebrs of the british parking association (BPA)

    Regards
    blahh blahh blahh
  • Umkomaas
    Umkomaas Posts: 43,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Letter back to them saying you have already put your points of appeal to them, and on the basis they have not cancelled their Parking Charge, you assume that your appeal is rejected. Therefore, you have an entitlement to put your appeal to POPLA and UKCPS are obliged to provide the verification code within 35 days of the rejection of your appeal to enable you to access POPLA.

    UKCPS have two choices (write this in your letter)

    1. Provide the code within the 35 days (work out the date and put it here)
    2. Continue to ignore this appeal, after (date as above) you will conclude that the Parking Charge is cancelled.

    Should you get no satisfaction from them following this letter, you will be making a formal complaint to the BPA and DVLA and writing to POPLA to make them aware of UKCPS' refusal to issue a verification code.

    See how that works.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thank you and will do, also have they broken DPA ?
  • How about this ?


    UKCPS LTD

    1200 Century Way

    ThorpePark Colton

    Leeds

    LS15 8ZA



    DearSir or Madam,



    Ticket number: XXXXXXXXXX

    Vehicle registration number: XXXXXXXXX


    I have already put mypoints of appeal to you, and on the basis you have not cancelled your ParkingCharge, I assume that my appeal is rejected. Therefore, I have an entitlementto put my appeal to POPLA and you are obliged to provide the verification codewithin 35 days of the rejection of your appeal to enable me to access POPLA.

    You have two choices,

    1. Provide the code within the 35 days from the date of your correspondence ofthe 06/09/2013.
    2. I will Continue to ignore this appeal, after ?????? I will conclude that theParking Charge is cancelled.

    Should I get no satisfaction from you following this letter, I will be making aformal complaint to the BPA and DVLA and writing to POPLA to make them aware ofUKCPS' refusal to issue a verification code.
  • If you want to go see them and talk to them, they work out of the back room of the Blooming rose pub in Beeston Leeds, they dont really have a big posh office on a business park, that is just a mail drop.
    Be happy...;)
  • Thanks for the info, i live in cardiff so will pass on that.
  • Umkomaas
    Umkomaas Posts: 43,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    1. Provide the code within the 35 days from the date of your correspondence ofthe 06/09/2013.
    2. I will Continue to ignore this appeal, after ?????? I will conclude that theParking Charge is cancelled.

    In bullet point 1 - was 6/9/13 the date of their letter responding to your appeal?

    In bullet point 2 you seem to have misunderstood what I was suggesting.

    It should read in your letter to them:

    2. Should UKCPS continue to ignore my appeal, after xx/xx/2013 (note to shiner83 6/9/13 plus 2 days for delivery plus 35 days - work out the date and place it in your letter) I will conclude that the Parking Charge is cancelled.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • shiner83
    shiner83 Posts: 12 Forumite
    edited 12 September 2013 at 2:14PM
    bullet point one is correct yes.
    will update bullet point two now.

    Thank you
This discussion has been closed.
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