UKPC(UK Parking Control) Parking Charge

Stroma

Write back to them and demand a popla code, say that the dvla has instructed the bpa that their members complies with this

“the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

Then look at post 6 on the newbies sticky thread and make complaints too the bpa and dvla, attach your letter to the email, and don't admit to being the driver

Roadrider

Thanks Stroma, I wasn't the driver anyway, it was my wife, but their demand of £100 for a 50p charge she forgot to get made me see red!

Coupon-mad

Roadrider wrote: »

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

Are you certain there is no POPLA form attached, or printed on the back of the letter, or a 10 digit 'verification code' of numbers on the back or anywhere else? If not then quote the BPA email as above, all words, to remind the PPC that they are in breach now and are not entitled to obfuscate by pretending they can 'put the case on hold' rather than supply a POPLA code and rejection letter (or cancellation as they will indeed lose at POPLA, tell them!).

You could adapt the stroppiest parts of the 'first appeal' template that I wrote in the 'Private Parking ticket? NEWBIES read this first' top sticky thread as some of the 'take formal note' stuff I wrote about harassment etc., would be very relevant to conclude your letter pointing out this BPA CoP breach.

Roadrider

Hi Coupon-mad.
Yes, I've double checked the front and the rear of their correspondence and there is definitely no mention of a POPLA code or form.
Thanks for the additional advice and will amend the letter to include what you have suggested. Really appreciate all this advice!

Roadrider

All points as suggested covered and will be in the post recorded delivery tomorrow. Watch this space!

Stroma

Don't send it recorded, just get proof of postage and that is sufficient

Coupon-mad

Roadrider wrote: »

All points as suggested covered and will be in the post recorded delivery tomorrow. Watch this space!

Stroma beat me to it! I agree, not recorded delivery to a PPC, waste of money and they may not sign for it at all in which case it languishes in the sorting office. Just send it first class at the PO Counter and ask for a free 'certificate of posting' (receipt with the postcode of recipient on it to prove sending). It's all you need.

hoohoo

+1 for just getting free proof of postage.

Also as this is a breach of the BPA code of practice please email
Aos@ britishparking.co.uk

Dear BPA,
I wish to complain about one of your operators. Please see the attached letter. As you see they have rejected my appeal but not provided a popla code. I understand this is a serious breach of your code of conduct and that you have only recently emailed them to warn about this. Please issue the appropriate sanction points and require them to either cancel my charge or issue a popla code

Roadrider

I have received the following response dated 14th March 2014, to my last correspondence;


We confirm that it is not necessary 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 is not made before then, it is imperative that we stress that the onus is on the driver 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.


Without prejudice, the scope of the harassment act 1997 requires the conduct to be grave on a balance of probabilities. This level of responsibility is a high one and as such, we do not accept that our conduct has met that requisite level.. It should also be considered that Ms Fergusson in the case of Ferguson v British Gas, did not actually have any outstanding amount to pay to British Gas. That makes the case fundamentally different to this one.


We do not accept that we have breached the terms of this act, nor the provisions of the common law in our correspondence with you.


Our appeals process is now concluded, you may now pick one of the following options;


1. Pay the parking charge detailed above at the reduced rate of £60.


2. Make an Appeal to POPLA(address provided) within 28 days of the date of this letter. You can do this online (popla website provided) using the verification code stated above. Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60 and should POPLA's decision not go in your favour, you will be required to pay the full amount of £100. If you opt to pay the parking charge you will be unable to appeal to POPLA.


3. If you choose to do nothing, the parking charge will increase after 35 days from the date of this letter to £100 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £60, in accordance with our terms and conditions of parking and further charges will be claimed if court action is taken against you. Any unpaid court judgement may adversely affect your credit rating.




So there we have it and guess the next step is to appeal to POPLA. Any thoughts on what to include within that appeal would be appreciated.
Also, as I was not the driver at the time, how can they pursue me as the owner, even if I refuse to inform them of the drivers details?

Hot_Bring

Roadrider wrote: »

it is imperative that we stress that the onus is on the driver to establish that a charge is a penalty and not a genuine pre estimate of loss.


Also, as I was not the driver at the time, how can they pursue me as the owner, even if I refuse to inform them of the drivers details?

Oh silly PPC - have they not read any of the POPLA decisions ? The onus is on the PPC to prove the charge IS a GPEOL.

Use the examples in the stickies to build your appeal. Highlevel it will include :

1. No GPEOL
2. PPC doesn't have authority to issue charges
3. No contract

Re holding the RK responsible - they can but only if they have satisfied the requirements of POFA.