Advice with UKPC Parking Ticket

lukesta77

On the 23/10/13 I was issued a parking ticket by UKPC.

This was issue at my flat, that I own. However as it is currently on the market for sale I do not live their and have moved to London. However my new home in London dose not have a parking space and therefore I have left my car at my flat.

In early October my managment company decided to employ UKPC to manage the car park, and subsequently sent out parking permits. However as I was not their I was unaware of this. I did not become aware of this change untill my estate agent informed me that my car had been issued a ticket.

On approx the 28th of October I appealed the ticket (included below), and was told I would recieve a response in 35 days. 35 days came and went. I then followed up with a call and was informed that a response had in fact been dispatched the day after my appeal was recieved (to my new address in London); nothing however had been recieved. They then "kindly" sent me the letter I had not recieved. This of course did not say what I had hoped it would (letter attatched below). Naturaly the fine has also increased now as foolishly I had waited the 35 days for a response as they had implied.....

I am unsure how to proceede - I think the general consesous is nothing on this forums, however I would love to just get that confirmed.

My appeal:

"Ticket 0375531047914 was issued against my car on the23.10.13 at site London Road (Apsley C) MCL. As the owner of Flat 20, I amsubsequently the owner of Bay 20, where my car was parked at the time. My flathas however been on the market for the past 3 months, and I am no longerhabituating Flat 20. My new place of residents however does not come withparking, hence leaving my car in Apsley until the flat has sold.

Consequently I did not receive any of the materials from RMG(The management company) informing me of the changes to parking regulations. Itwas not until my estate agent informed me of said parking ticket that I becameaware of the change.

Please therefore may I kindly request as the rightful ownerof parking bay 20 that you overturn said ticket."

Letter recieved back from UKPC:

EDIT: I am unfortunatly unable to attatch this link as I am a new user. Perhaps and admin could contact me and I can msg them the link for this to be included? Alternativly PM me for a link to it.

Luke

Umkomaas

Did their rejection letter include information about appealing to POPLA and enclosed in it a 10-digit verification code?

You do need to also get to understand more about how all this stuff works, so some initial reading is essential. Here's a link to start you off:

https://forums.moneysavingexpert.com/discussion/4816822

nigelbb

I doubt that the management company have the right to unilaterally introduce a permit scheme without reference to the flat owners. As you have never agreed to display a permit & you own the parking place they can do nothing about it. I suggest that you point out to UKPC that they are trespassing on your land by even sticking a charge notice on your car. You can remind UKPC that they have already been successfully sued & paid damages for just such a case http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

lukesta77

Umkomaas wrote: »

Did their rejection letter include information about appealing to POPLA and enclosed in it a 10-digit verification code?

You do need to also get to understand more about how all this stuff works, so some initial reading is essential. Here's a link to start you off:

Hi Umkomass, I believe not.

It states:

RE: Notice to Driver
You were the driver (your information has been supplied to us by the registered keeper) of the vehicle referred to above when it was record on private property in breach of the following terms and conditions of parking.

It then informs me of the "Crime" committed I have 28 days to pay... (Which by the time I receive the letter has already past....)

I am currently reading the link you posted.

Nigelbb - The flat is a leasehold, not a freehold. Dose what you say still apply?

Thanks for all advice thus far.

nigelbb

lukesta77 wrote: »

Nigelbb - The flat is a leasehold, not a freehold. Dose what you say still apply?

You will need to look at your lease but I doubt that there is any right for the management company to unilaterally impose a permit scheme & then for UKPC to issue charges to you. Even if the permit scheme were valid the car was parked before any UKPC parking signs were put in place therefore you could not possibly have entered into a contract with them therefore their claim that you were in breach of the terms and conditions of parking are nonsense.

lukesta77

Umkomaas wrote: »

Did their rejection letter include information about appealing to POPLA and enclosed in it a 10-digit verification code?

You do need to also get to understand more about how all this stuff works, so some initial reading is essential. Here's a link to start you off:

Hi Umkomass I have read the thread, however I could not see reference to my letter which is "Notice to Driver".

However I do not believe my initial appeal ever implicated I was the driver, only the registered keeper?

Should I dispute this? Then continue my appeal as in the post as a "Registered Keeper"?

lukesta77

nigelbb wrote: »

You will need to look at your lease but I doubt that there is any right for the management company to unilaterally impose a permit scheme & then for UKPC to issue charges to you. Even if the permit scheme were valid the car was parked before any UKPC parking signs were put in place therefore you could not possibly have entered into a contract with them therefore their claim that you were in breach of the terms and conditions of parking are nonsense.

Hi Nigelbb,

Currently sorting a copy of my lease out.

In the mean time I have attached below my communications from the management company.

"Dear Sir/Madam
London Road (Apsley C) MCL– new parking control
RMG act as the managing agent for London Road (Apsley C) MCL
The purpose of this communication is to advise all residents that a new parking
control company has been instructed to patrol the parking bays for all flats at Harriet
and Frances House. This was discussed at the recent AGM and has been agreed
with the Director for the Management Company
The new parking scheme is due to commence as from 21st October 2013. Therefore,
please find enclosed 2 x new permits for your property which need to be clearly
displayed in your vehicles. One is a resident’s permit and the second is a visitor’s
permit. The visitors permit is to only be used in the visitor bay and on a first come first
serve basis.
Please complete the following on the new permits:
Permit type – please include your flat number on your resident permit
Site name - London Road (Apsley C) MCL
Registration – please include the registration details for your vehicle
Expires – no requirement for this to be completed.
If you require any further permits then please contact UKPC direct on 0844 800 8710
or RMG on 0845 002 4444.
Thank you in advance for your prompt attention to this matter.
Yours faithfully
For and on behalf of
London Road (Apsley C) MCL
Lee Cane MIRPM
Property Manager"

My car would definitely have been parked in its space prior to receiving the above letter.

lukesta77

nigelbb wrote: »

You will need to look at your lease but I doubt that there is any right for the management company to unilaterally impose a permit scheme & then for UKPC to issue charges to you. Even if the permit scheme were valid the car was parked before any UKPC parking signs were put in place therefore you could not possibly have entered into a contract with them therefore their claim that you were in breach of the terms and conditions of parking are nonsense.

Hi Nigelbb, I have consulted my lease and can find nothing that mentions they can or can do what they have done. That being said I find these sort of things very dense reading and things often go over my head...

Everyone else: As I acted foolishly and appealed before consulting this forum, I did not receive the NTK letter, but have now recieved a "Notice to Driver" letter. This letter did not contain a Popla code.

Therefore should I appeal once more, and request a Popla number in case they reject it; or should I wait it out for their next communication?

Guys_Dad

Time to cut through the c**p.

You appeal to them, in writing, once again saying that you have explained the situation to them and, as they are not prepared to cancel ticket, you would like to take the opportunity to appeal to POPLA.

Should they refuse, then you have no intention of paying as you did not receive the notice from the management company and were, therefore, not party to any contract that the parking company may have thought they had with residents.

You dispute that there was any genuine loss that they incurred and would argue that and other points should they take you to court.

Also, see if you can get a copy of the contract with the management company.

Coupon-mad

Umkomaas wrote: »

Did their rejection letter include information about appealing to POPLA and enclosed in it a 10-digit verification code?

You do need to also get to understand more about how all this stuff works, so some initial reading is essential. Here's a link to start you off:

https://forums.moneysavingexpert.com/discussion/4816822

Re the above link.

Have another read of it (the newbies thread) and then send an email complaint to the BPA that this firm did not send a POPLA code with their rejection letter. Copy in the DVLA as well. Email addies are in the sticky info thread.

And respond to the PPC as suggested by Guy's Dad and demand to know why no POPLA code with the rejection of your appeal? Remind them of the recent November POPLA newsletter (don't send them this link of course, but quote from it!):

http://parking-prankster.blogspot.co.uk/2013/11/popla-november-2013-newsletter.html

They have to give you a POPLA code when rejecting an appeal. Push for that code as it's your ''Golden ticket'' because our POPLA appeals win every time. I do hope they didn't already give you a POPLA code and you've missed out on using it?

lukesta77

Update: Have just checked my post and found the letter below, I assume this is in fact the "Appeal Rejction Letter"(dated the 31/12/13), and the initial letter I referenced was to identify myself as the "Driver" (Sent at a latter date on the 09/12/13..... That makes two letters than I had not received until I chased them up....).

"Dear Luke ********

Thank you for your recent correspondence in relation to the above Parking Charge. We understand your frustration and appreciate the inconvenience this has cause you. It is not our intention to cause undue worry and frustration when enforcing our clients parking regulations. We have investigated the appeal based on the information submitted by yourself and can confirm in this instance that the Parking Charge was correctly issued for the following reason.

As per our clients instruction, all vehicles must display a valid permit to park within this area. Unfortunate when your vehicle was photograph no valid permit was being displayed. Your vehicle was left unattended on Private Property, therefore giving you no authorisation to park. There are sufficient signs warning vehicles drivers that should they park their vehicle without displaying a valid permit this will result in a Parking Charge being issued to the vehicle. Please can you send a copy of the valid permit to our appeals department so that we have review the case.

The parking charge has been on hold whilst whilst on appeal and may be settled in full at the reduced of £60 provided payment is receive at the below address within 35 days of the date of this letter."

There is still no POPLA code included.

Should I therefore continue with the above advice, whilst also offering them the chance to cancel my ticket as I will include a valid permit?

Again thank you for everyone's help; I am not one to particularly embrace confrontation so all this support is a real blessing.