UKPC Parking Charge for not parking within the marked bay

Jonah76

ANYWAY…

do I challenge them further or just ask for a POPLA Appeal ref because they have not provided one? From what I can tell from reading it seems as though they are unlikely to back down at this stage if I re-argue their letter and in any event this would be contracted alongside an Appeal letter (thanks 4consumerrights)

kirkbyinfurnesslad_2

Go back to them and demand the Popla code

Redx

you demand a POPLA code and then use the previous help for a well worded POPLA appeal and beat them at POPLA which costs them money

at the moment you are going round in circles !!

so reject the letter , deny the charge and demand a POPLA code

4consumerrights

Jonah76 wrote: »

No I specifically stated in my letter that it was a challenge & not an appeal. They however refer to appeal throughout the letter.

They have not provided a POPLA code as requested in my letter if they were to reject my challenge.

My letter:

By email

UK Parking Control Ltd


Dear Sirs,

Parking Charge Notice: 029********
Incident date: November 2013

Without prejudice, except as to costs

I am writing to you with reference to the above. In order to take an informed decision on how to deal with the above-mentioned document I would like to request further information on this alleged incident and the alleged parking charges of £100.00.
Please note I wish to challenge your Parking Charge Notice “PCN” as set out in the current BPA Ltd AOS Code of Practice B.22 to the following:

1. Cause of Action.
Please make this clear. If it is your claim that I entered into a contract, please send me a complete version of the terms and conditions of that contract to which you say I agreed to. Further to the above please explain fully on which of the following grounds your claim is based:

a. Damages for trespass
b. Damages for breach of contract
c. A contractual sum

2. Your loss.
If it is your case that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me the full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the allege parking contravention. If on the other hand you are claiming there was a breach of contract or a contractually agreed sum, I would like to receive a copy of the contract, which the driver allegedly entered into.

3. Status.
Your PCN mentions UK Parking Control Ltd but fails to identify the actual creditor making this parking charge demand, as required under Schedule 4 paragraphs 8(2)(h) and 9(2)(h) of the PoFA 2012. Therefore I would like you to send me this information, since I need to know exactly who is making the claim and in what capacity.

4. Rights of Possession/Ownership.
I would be very grateful if you could send me evidence that, besides your management duties within the car park, you also enjoy the rights of possession or occupation needed to be able to enter into an individual contract with drivers and to issue PCN’s. I therefore require you to send me a copy of the contract that gives you authority to demand these payments together with the instructions that you have received from the landowner/landholder regarding the time limits and sanctions they wish to impose on their customers.

5. Signage.
Your PCN mentions that the vehicle was “not parked correctly within the markings of the bay or space”. Please provide all witness statements and any photographic evidence of this observation. The photographs viewed on your website provide a blurry unreadable shot of an unlit sign taken in the dark using a camera with flash. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Please provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to the driver at the car park’s entry point. Also, please send me a copy of your procedures for handling and processing that evidence and the relevant audit trail. Furthermore, under section 7 of the Data Protection Act 1998 please send me a copy of all such photographs along with a copy of all other data you hold relating to me. This would be required disclosure in any event within the small claims process. Consequently, I do not expect to pay for the release of this information to me.

6. Ownership.
Please tell me who owns the land on which you claim this vehicle was parked. I wish to retrospectively include them in this and any further correspondence on this matter.

7. Punitive/Unfair/Unreasonable.
The parking charge of £100 is punitive and is therefore void. £100 is arbitrary and disproportionate to any alleged breach of contract or trespass. This would also apply to any costs incurred through debt recovery unless it followed a court order.
a. The £100 parking charge you are imposing is an unfair term (and therefore not binding) under the Unfair Terms in Consumer Contracts Regulations 1999. In particular, Schedule 2 of this Regulations which gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e):

‘Terms which have the object or effect or requiring any consumer who fails to fulfill his obligation to pay a disproportionately high sum in compensation.’
Furthermore, Regulation 5(1) says:
‘A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.’

b. The £100 parking charge you are unilaterally imposing is an unreasonable indemnity clause under section 4(1) of the Unfair Contract Terms Act 1977, which says:
‘A person cannot be reference to any contract term be made to indemnify another person (whether a party to the contract or not) is respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.’
Please note this is not an appeal however it is a challenge to your issue of the PCN. As set out in the AOS Codes of Practice I should be grateful for answers to all questions raised. In this respect I remind you of your obligations set out in the current Practice Direction on Pre-Action Conduct, in particular reference to 1.2.
To avoid any doubt due to miscommunication, please do not do any of the following:
a. Send any correspondence or documents to me or try to communicate with me in any way except to address in writing and send by post the specific points I have raised in this email
b. Send me any document purporting to be from the county court unless it is a valid claim form duly issued
c. Send and ‘reminders’ repeating your charge
d. Write to me threatening to send bailiffs to my address without first issuing a court claim and obtaining the court’s judgment
e. Send me any standard form letters from your company or debt collectors, no debt has been acknowledged
Summary.
I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I shall deal with your PCN.
If you reject this challenge or fail to address all the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.
If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.
Please note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this email/letter or any other communication from me to any other person or organisation.
If you decide to issue proceedings, please note that:
a. I reserve the right to add further arguments to the defence, and
b. I or my representative will be happy to attend any court mediation that might be offered
I look forward to your reply.
This letter is written wholly Without Prejudice to my rights and pleas and may not be produced or founded upon in any proceedings by any party or other person except on my prior, express, written consent.
Yours faithfully,

Sadly Jonah you did not actually make an appeal to UKPC - shame you didn't post this up first. I've seen this template letter before somewhere on a different site and personally do not like as it is pointless - due to:

a) it gives the impression of credibility to their regime of charging by allowing them to respond to points you raise.
b) it appears that you are pleading with them to supply information.
b) you ask them for information so they believe you will then pay - and they do not supply the relevant details back at this stage.
c) the information asked will have to be dealt with at POPLA in a properly worded appeal anyway.

*************************

Did you wait for the notice to keeper to arrive? or did you respond as driver from notice to windscreen?
Have you checked the alleged photographic evidence yet on line? (Their pictures often do not prove anything)


You need to write back pronto and state that :

Further to previous correspondence I have been given insufficient information regarding any liability to pay this parking charge and UKPC have failed to provide a POPLA code for appealing.


The registered keeper/driver* (*delete as appropriate) denies all liability for paying this parking charge as the sum does not represent a genuine pre-estimate of loss for either UKPC or their client.

The registered keeper/driver* refutes that a valid contract was made between the driver and UKPC due to inadequate signage and further contends that UKPC do not have the requisite permission of the landowner to pursue these charges.


The registered keeper/driver* further contends that this sum is punitive charge for the alleged breach of not parking within the bay markings and does not reflect any loss of income for the landowner or UKPC by this action.

In view of the above, please forward your written confirmation of cancellation of this charge. Should you refuse then please supply a POPLA code for appealing and I should also remind you of your legal obligations to minimise your losses to both UKPC and the BPA as members.

macullen

I got a ticket on my window from them in Northern Ireland what do I do? help

trisontana

macullen wrote: »

I got a ticket on my window from them in Northern Ireland what do I do? help

For a start, you must create your own thread.

SevenTowers

macullen wrote: »

I got a ticket on my window from them in Northern Ireland what do I do? help

You are safe to ignore, check out any of my previous postings.

If you want further advice, don't reply/post in this existing thread, start your own thread.

Coupon-mad

macullen wrote: »

I got a ticket on my window from them in Northern Ireland what do I do? help

Read the ''NEWBIES read this first!'' sticky thread, which is at the top of the forum for newbies to read...first?! (not least because it already answers your question in a specific section about Scotland and NI fake PCNs, with a Watchdog linky too).

You don't need to start a new thread about ignoring some letters.

Jonah76

Well UKPC after I emailed asking for them to refer the matter to POPLA they sent a letter stating I should refer the matter :mad:

This is frustrating as they did not give me the further 35 days as stated in their previous letter & the date of their latest letter is the day after I sent my email to them requesting they refer the matter & provide me with the reference.

Do I complete the POPLA referral online or do I push them to do it?

Redx

they give you a popla reference, only YOU can refer it to popla

check their paperwork again for the code , its done online or via snail mail, or both