UKPC(UK Parking Control) Parking Charge

Roadrider

Hi, somewhat confused and would be very grateful for any advice!


My wife received a parking notice when parked at the Stretford Arndale Shopping Centre on 14th December 2013. I can't lay my hands on the notice right now, but from what I remember it demanded a fee of £60 and £100 if paid after a certain date. I was extremely annoyed that they demanded that sum of money just because my wife popped in for 15 minutes and forgot to pay the 50pence fee! Had it been a reasonable demand, I might have considered paying it.


I did some internet research and initially decided to ignore the notice as I read that they would have no legal right to demand that I provide the driver's details at the time of the 'offence'.


I have now received the expected notice as the registered owner of the car, which is dated 15/01/14. The notice includes the details of the parking offence and vehicle details and invites me to pay the £100 penalty or to provide the details of the driver at the time.


It further states that if they do not hear from me after 28 days from the date of the notice, I as the registered keeper will be subject to the conditions of and under the terms of Schedule 4 of the Protection of Freedoms Act 2012, be liable to pay the unpaid parking charge!


I feel that the charge they have applied is outrageous and would be grateful for any advice on how to handle this.


Thanks

Stroma

Don't get annoyed get even, you should appeal with this below, if they reject go to popla with our help. Please also read the sticky threads in the parking forum main page to educate yourself on this scam

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Dear UKPC,

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 is my right under the Protection of Freedoms Act 2012, all liability to you company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

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.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. 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.

Please issue your cancellation within 35 days of this letter or a popla verification code. I have nothing further to add.

Faithfully

Coupon-mad

I feel that the charge they have applied is outrageous and would be grateful for any advice on how to handle this.

Not sure why so many newbies need the top threads pointing out but...hopefully by now you will have read the 'sticky threads' at the top of the forum and know how to beat this at POPLA. Easy. Not confusing at all, all details linked for you to easily copy template appeals in 'Private parking ticket? Newbies please read these FAQs first!' and also, read about how to complain effectively to the Retail Park Centre Manager or Store Managers; loads of success shown in 'Successful Complaints about PPCs'.

The info was here all the time.

Roadrider

Coupon-mad wrote: »

Not sure why so many newbies need the top threads pointing out but...hopefully by now you will have read the 'sticky threads' at the top of the forum and know how to beat this at POPLA. Easy. Not confusing at all, all details linked for you to easily copy template appeals in 'Private parking ticket? Newbies please read these FAQs first!' and also, read about how to complain effectively to the Retail Park Centre Manager or Store Managers; loads of success shown in 'Successful Complaints about PPCs'.

The info was here all the time.

Thanks Coupon Mad, I am finding it difficult to navigate this site to find the information/sticky threads. All I have come across is Parkingeye stuff, which may not relate to my situation. If you could take the trouble to post the link, it would be much appreciated. Thanks

Guys_Dad

Follow the link in coupon mad's signature. |It's the newbies link in the sticky thread at the top of the forum.

Redx

its certainly not difficult, but here are some links to help start you off, but I would advise you to learn how to navigate the forum and threads etc

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

post #3 has a blue HOW TO WIN AT POPLA link you can click on and then get more info and links , same as POPLA DECISIONS too

many more BLUE LINKS in that thread too , like the WALK THROUGH etc

you will also see about half a dozen threads "stuck" to the top of this forum, click on those and all kinds of info appears too

Stroma

I don't know why you are confused, in post #2 I gave you a direct link to the parking forum main page, the sticky threads (called that) are the first ones right at the top of the forum

Roadrider

Hi all,


I've received the attached response from UKPC dated 19th February 2014, as a result of sending them the letter posted above by Stroma.
They have reduced the £100 demand to £60! That's a discount but still falls short somewhat!


They claim that the parking charge was correctly issued as there were sufficient signs warning vehicle drivers.


They have taken legal advice and state that not only can their parking charge be justified on the basis that they amount to a genuine pre-estimate of loss but are likely to amount to 'liquidated damages'. This is because the courts position is that where the parties to the contract agree to fix the amount which is to be paid by way of damages in the event of a breach of contract - which is the basis of the contract detailed on our signage - a sum stipulated in this way (particularly in circumstances where there is difficulty in calculating a precise estimation) is likely to be classed as liquidated damages. Either way our parking charges are fully enforceable and do not amount to a 'penalty'. You should also be aware that in accordance with the case of Robophone facilities v Blank, the onus of proving that the amount claimed is a penalty, rather than liquidated damages, is upon you (as the party against whom the parking charge is claimed).


We confirm that it is not necessary for us to provide you with a breakdown of our parking charges at this time. That information is confidential, but is available and will be provided to the court in the course of court proceedings if necessary and if payment has not been made before then. It is imperative that we stress that the onus is on the driver (the person against whom the charge is made) to establish that a charge is a penalty and not a genuine pre estimate of loss. Merely stating, without proof, that a charge is a penalty does not satisfy this legal requirement. If the motorist cannot establish this, we suggest that the sum is then liquidated damages.


As an organisation, our signage and procedures are audited regularly by the British Parking Association. We can unequivocally represent that our signs, terms and wording comply fully with the industry code of practice. You can clearly see the signage on site in the parking charge photographs which may be viewed at their website.


The contract that UKPC has with the owner or occupier of the land (which authorises UKPC to enter into a contract with the driver requiring the payment of parking charges in respect of parking of the vehicle on the land) contains a confidentiality clause and as such we are not in a position to provide the contract to you. As a member of the Approved Operator Scheme, UKPC are audited by an independent assessor on behalf of the British Parking Association to ensure that we have all relevant contracts in place. UKPC will provide the court with a copy of this in full if they require it, or can provide a written statement to this effect from those party to the contract. We are also more than happy to provide confirmation to the independent assessors that we are authorised to manage parking at this site.
We can confirm that parking management at this site has been contracted to UK Parking Control Ltd.


The parking charge has been on hold whilst on appeal and may be settled in full at the reduced rate of £60.00 provided payment is received at the below address within 35 days of the date of this letter.


I would be grateful for any further advice/comments in light of this correspondence.


Many thanks

kirkbyinfurnesslad_2

their discount should reduce the charge down to zero:)

Have they given you a popla code?, if not then write back demanding one

Redx

they always quote this rubbish

check all the paperwork for a 10 digit verification code for popla

Roadrider

Thanks very much and no they haven't included a popla code, so will demand one next!