UKPC - Parking Charge

pipsmooth

Hi,

First off thanks for all the helpful information on the Newbies sticky thread. All very helpful but unless I missed something I have not seen anything relevant to my example below.

I have today received a letter from UKPC with a charge of £100.00 with the claim I have "breached the terms and conditions of parking which were clearly displayed on our car park signs". This happened on the 5/12/13 and the NtK is dated 6/1/14.

I have checked the photographic evidence which shows a parking ticket on the windscreen (not under the wiper). This was not present when I returned to my car. They also state that I left the site which is the reason of the parking charge. In all honesty, I nipped across the road to the bank before I visited the Halfords store on the retail park to look at bikes for my daughters Xmas present. I did not make a purchase there and then so I have no evidence to support this.

I'm at a loss as to what to do here as in effect for nipping over the road to the bank, I have breached the t&cs. Also the ticket was not on my windscreen!! Will I have to pay the charge or is there a way I can appeal?

Many thanks

ezerscrooge

Super - by default you have 'ignored' the windscreen ticket (it wasnt there anyway) and you now have your ntk.

Time for a soft appeal to get your POPLA code where you will then win - as long as you follow the advice on this forum.

Something along the lines of..

Dear PPC,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) the charge is not a genuine pre-estimate of loss

2) your signage does not comply with the BPA Code of Practice

3) you do not have the authority or permission to issue invoices at this location

These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

You will be fully aware that there is no prospect of your charge being upheld at POPLA and I invite you to cancel the charge now, and save yourself the POPLA fee of £27 and my rising costs claim (see below).

If you decide to continue to pursue this matter and reject this challenge then please supply a POPLA code. However please be aware that further points may be raised at POPLA.

Please note that should my appeal be upheld at POPLA for any reason, I reserve the right to claim my expenses from you and my time in challenging this parking charge at the court rate of £18 per hour.

The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.



Faithfully


xxxxxxx


Letter robbed from other posts on this forum - there are people on this much more knowledgeable than me.

Once you have your rejection from the PPC, come back and put your POPLA appeal together. Simples.

ezerscrooge

Meant to ask if this is England/Wales. The old rules apply in N Ireland and Scotland where such tickets can be ignored.

pipsmooth

Yes, this is in England. Do I still have grounds to appeal even though I walked off site? I honestly think the ticket was removed after the photo was taken!!

ezerscrooge

Of course you have grounds. It doesn't much matter what you do really - walk off site, park in 2 bays, stay all day etc - you'll be fighting them on contractural terms and non-compliance with the BPA code.

You'll get a response from the PPC banging on about liquidated damages and court cases to try and scare you into paying - but POPLA have rejected this to date (for 'breach' of contract) and the cases are won on there being no GPEOL.

Besides was the site boundary clearly marked ? - I bet not, they never are. So how is anyone to know when they have left the site?

So get your letter together and fire it off (get a free post office receipt for proof of posting).

pogofish

pipsmooth wrote: »

All very helpful but unless I missed something I have not seen anything relevant to my example below.

You should go back and read the thread properly then - You situation is absolutely no different from anyone else with a UKPC ticket.

bod1467

pipsmooth wrote: »

Do I still have grounds to appeal even though I walked off site?

You're making the newbies mistake of believing that "what happened" is in any way relevant to getting this killed off. As alluded to above, it isn't.

Redx

forget "what happened" as its not relevant, as mentioned above , concentrate on killing it stone dead at nil cost

read this to explain why https://forums.moneysavingexpert.com/discussion/4835943

pipsmooth

Thanks everyone! Nerves getting the better of me! Letter being drafted!