POPLA Appeal - Please help!

123bobble

Hello!

I'm a student (a broke one, at that) and need to appeal to POPLA within the next couple of days about a parking ticket from the delightful UKPC.

I was driving a leased vehicle, parked up in a retail park. Left my car for probably... ten minutes, then BAM parking ticket slapped on my windscreen. I wasn't parked in a marked bay, nor was I blocking exits/roads/etc and the parking is free.

I appealed directly to them, their response seemed, frankly, like a mail-merge... Just that my points weren't accepted.

I understand that I can use the "Pre-estimate of loss" clause, as there is no way I have lost them £50-£90?! That's outrageous! :eek:

How do I word this for my POPLA appeal?

Thanks in advance!

123bobble

*Oh and there are signs, but they are TINY. Only noticed them after looking around.

martmonk

have you read the NEWBIES sticky thread? This link https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281 is in there for all the POPLA info you need.

Have you also tried the retail park owners/management company?

123bobble

@Martmonk, there seems to be no straightforward route to contacting the landowner, unless I contact the franchises?

I feel like a tiny fish in an enormous, nasty sea!

ezerscrooge

Give this a go...

[FONT=&quot]Car Reg : xxxxx[/FONT]
[FONT=&quot]Location: : xxxxxx[/FONT]
[FONT=&quot]Date of PCN issue : xxxxxx [/FONT]
[FONT=&quot]PCN Number : xxxxxx[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]POPLA Verification Code: xxxxx[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Dear POPLA Assessor,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I am the driver of the above leased vehicle and I'm writing this to appeal a charge sent to me by UK Parking Control Ltd (UKPC).[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I would like to appeal this notice on the following grounds: [/FONT]
[FONT=&quot] [/FONT]

• [FONT=&quot]Charge not a genuine pre-estimate of loss[/FONT]
• [FONT=&quot]Unlawful penalty clause[/FONT]
• [FONT=&quot]No authority to levy charges[/FONT]
• [FONT=&quot]Business Rates & Business Legitimacy[/FONT]

[FONT=&quot]

[/FONT]
[FONT=&quot]1. [/FONT][FONT=&quot]Charge not a genuine pre-estimate of loss[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The demand for a payment of £100 is punitive, unreasonable, exceeds an appropriate amount, and has no relationship to the loss that would have been suffered by the Landowner. The UKPC signs states that a PCN would be issued for a “failure to comply” with the terms of parking, which indicates that the parking charge represents damages for a breach of the parking contract. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Accordingly, the parking charge must be a genuine pre-estimate of loss. UKPC has not provided any evidence as to how and why the parking charge is a genuine pre-estimate of loss. Therefore the parking charge is punitive and an unenforceable penalty charge. [/FONT]
[FONT=&quot]
The BPA Code of Practice states:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer.“[/FONT]
[FONT=&quot]and [/FONT]
[FONT=&quot]“19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable. “[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I put UKPC to strict proof that that their charge represents a genuine pre-estimate of loss. To date UKPC have refused to provide me with a detailed breakdown of how the amount of the “charge” was calculated in the form of documented, specific evidence applicable to this car park and this alleged incident. I am aware from Court rulings and previous POPLA adjudications that the cost of running the business For example, were no breach to have occurred then the cost of parking enforcement (for example, erecting signage, wages, uniforms, office costs) would still have been the same and, therefore, may not be included in this pre-estimate of loss.[/FONT]

[FONT=&quot]I therefore respectfully request that my appeal is upheld and the charge dismissed.[/FONT][FONT=&quot]

[/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]Unlawful penalty clause - revenue for UKPC[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Since there was no demonstrable loss/damage and yet a breach of contract has been alleged, this 'charge' can only be an unlawful attempt at dressing up a penalty to impersonate a parking ticket, as was found in the case of Excel Parking Services v Hetherington-Jakeman (2008) also OBServices v Thurlow (review, February 2011), in Parking Eye v Smith (Manchester County Court December 2011) and UKCPS v Murphy (April 2012).[/FONT]

[FONT=&quot]This transparently punitive charge by UKPC is a revenue-raising exercise and is therefore unenforceable in law. UKPC's own website is damning in this regard. [/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]So this is (as is proven by the Operator's own website) a revenue-raising scheme disguised as a 'parking ticket' - so in fact it is an unenforceable penalty.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I therefore respectfully request that my appeal is upheld and the charge dismissed.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3. [/FONT][FONT=&quot]No authority to levy charges[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]A parking management company will need to have the proper legal authorisation to contract with the consumer on the landowner’s behalf and enforce for breach of contract.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]UKPC must produce evidence to demonstrate that it is the landowner, or a contract that it has the authority of the landowner to issue charge notices at this location. I believe there is no contract with the landowner/occupier that entitles UKPC to levy these charges and to pursue these charges in their own name as creditor in the Courts and therefore has no authority to issue charge notices.[/FONT]
[FONT=&quot]
I put UKPC to strict proof to POPLA that they have the necessary legal authorisation at this location and I demand that the UKPC produce to POPLA the contemporaneous and unredacted contract between the landowner and UKPC. Even if a basic contract is produced and mentions PCNs, the lack of ownership or assignment of title or interest in the land reduces any contract to one that exists simply on an agency basis between UKPC and the owner/occupier, containing nothing that UKPC can lawfully use in their own name as a mere agent, that could impact on a third party customer. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It has also been widely reported that some parking companies have provided “witness statements” instead of the relevant contract. There is no proof whatsoever that the alleged signatory on behalf of the landowner has ever seen the relevant contract, or, indeed is even an employee of the landowner. I require, if such a witness statement is submitted, that it is accompanied by a letter, on landowner’s headed notepaper, and signed by a director or equivalent of the landowner, confirming that the signatory is, indeed, authorised to act on behalf of the landowner, has read and the relevant terms of the contract and is qualified to attest to the full limit of authority of the parking company[/FONT]
[FONT=&quot]
I therefore respectfully request that my appeal is upheld and the charge dismissed.

[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]4. Business Rates & Business Legitimacy[/FONT][FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As this car park is now being used for the purpose of running a business by UKPC, which is entirely separate from any other businesses the car park services, and generates revenue and profit for UKPC, I do not believe that UKPC has the necessary planning permission or have declared the running of their business venture at this location to the Local Valuation Office and Local Authority for the purpose of the payment of Business Rates.[/FONT]
[FONT=&quot]
I put UKPC to strict proof that the necessary planning permission is in place, and that they have registered the business they are operating at xxxxxxxxxx with the Valuation Office and to provide proof that Business Rates are being paid to the Local Authority, or to provide proof or explanation of their exemption from such Business Rates. Failure to do so indicates that they are not operating a legitimate business from the premises.[/FONT]

[FONT=&quot]I therefore respectfully request that my appeal is upheld and the charge dismissed.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]This concludes my appeal.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind regards[/FONT]


Do put your POPLA reference on each sheet and please let the forum members see your draft before you send it. Good luck!

martmonk

you can try the retailer (assuming you made a purchase?), or a google search for the retail park in question usually sees results for the owner or managing agent.

Which retail park was it?

Coupon-mad

''This transparently punitive charge by UKPC is a revenue-raising exercise and is therefore unenforceable in law. UKPC's own website is damning in this regard.

[FONT=&quot]So this is (as is proven by the Operator's own website) a revenue-raising scheme disguised as a 'parking ticket' - so in fact it is an unenforceable penalty.''[/FONT]




I like that version - I wrote it months back when I saw what the UKPC website says, and it makes me laugh - but it does need the quote from the UKPC website, so could be:




UKPC have not shown that their fake PCN was a 'genuine pre-estimate of loss' and will certainly struggle to convince me that it was since the UKPC website itself states to clients that their tickets are revenue-generating:

''frequently asked questions
How much would it cost us to use your parking management services?
Nothing at all! We provide parking management services to our clients free of charge...

So how do you earn your money?
Our revenue is generated from the parking charges issued.

http://www.ukparkingcontrol.com/faq.html

As such I think it's clear that this alleged breach of contract is no such thing and is purely a revenue-raising exercise, nothing to do with any loss. UKPC's own website is damning in this regard; this is transparently a moneymaking[FONT=&quot] scheme disguised as a 'parking ticket' - so in fact it is an unenforceable penalty.



[/FONT] To 123bobble - the above is to add to the template already shown. The FAQ was there in full as quoted in November 2013 - so if you got your fake PCN in November you can quote it. I know you've mentioned they've just amended it but I would still state it was there only the other week, then it's up to UKPC to rebut.

Stop wasting time thinking about the landowner right now if you reckon you only have a couple of days to submit this online to POPLA. You do realise a POPLA code is only 'live' for 28 days from the day it was generated? URGENTLY DO THIS TONIGHT OR FRIDAY MORNING.

123bobble

Thanks so much for the advice chaps.
Reading all the stuff on this topic makes it seem terrifying!
I got my Dad to look over it and I sent it off to them.

The letter was sent to me circa the 25th, so just in time.

Fingers crossed...

hoohoo

Do it via the web. Don't trust Xmas post. Also what were digits 3,4,5 of your popla code. This will tell us if you appealed in time

123bobble

I was definitely within the 28 days, (including weekends, 24 to be precise) you've got me worried now!

martmonk

and again which retail park was it?