UKPC Parking Charge, what do I do next?

dorytori

Hi,

I got a charge left on my windscreen at the beginning of January. The charge was for £100, saying I left the car park.

I read loads of stuff on here before deciding to write to them. My mum suggested that I did as at the bottom of the ticket it said that if an appeal was made, they'd keep the charge at the reduced rate until it was investigated.

This is what I wrote:

A parking ticket was issued and although not on the Parking on Private Land Appeals list of grounds for appeal I believe the ticket was unfairly issued and I will not be paying your demand for payment as the fee is disproportionate.

According to the Unfair Terms in Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In this case, the £100 charge you are asking for far exceeds the cost to the landowner. According to the Bury Council website, parking in Bury costs no more than £2 for 2 hours.

The car park at Moorgate Retail Park was not full at the time, nor was the Retail Park, or the town centre, busy on that day so there was no limit to parking at that time.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

They have got back to me. I'm not really sure that this is not just a letter that is sent to everyone. It's very vague and doesn't really answer anything. They are still insisting that I pay up.

1. They claim: 'We have taken legal advice and we have been advised that our parking charges....amount to a genuine pre-estimate of loss but are likely to amount to 'liquidated damages'
2. That in accordance with the case of Robophone v Blank the onus of proving that an amount claimed is a penalty, rather than liquidated damages is upon me.
3. That is is 'not necessary' for them to provide me with a breakdown of Parking Charges and these will be presented in Court proceedings.
5. 'As identified on the paperwork issued to you (presumably the original parking charge notice) UK Parking Control Ltd is the Creditor'
6. They want evidence of my being at the retail park to re-investigate the appeal. I didn't appeal, I told them that the charge in excessive.

I'm really stressed out; I can't afford the £60, let alone the £100. What should I do next?

kirkbyinfurnesslad_2

Have they given you a Popla appeal code?, if not write back and say you have nothing further to add and you require a Popla code The is no reason to be stressed

Read this if you have the appeal code: https://forums.moneysavingexpert.com/discussion/4816822

4consumerrights

1. They claim: 'We have taken legal advice and we have been advised that our parking charges....amount to a genuine pre-estimate of loss but are likely to amount to 'liquidated damages'
2. That in accordance with the case of Robophone v Blank the onus of proving that an amount claimed is a penalty, rather than liquidated damages is upon me.
3. That is is 'not necessary' for them to provide me with a breakdown of Parking Charges and these will be presented in Court proceedings.
5. 'As identified on the paperwork issued to you (presumably the original parking charge notice) UK Parking Control Ltd is the Creditor'
6. They want evidence of my being at the retail park to re-investigate the appeal. I didn't appeal, I told them that the charge in excessive.

IMO This is part of the new standardised replies now being seen - second time I've read the Robophone v Blank case today! The new coaching from the Lead Adjudicator at POPLA to the BPA is filtering through including taking legal advice all geared up to challenge.



To the OP - it is a shame that you did not wait until the NtK arrived - but as KIFL states request a POPLA code.

Check also the paperwork sent as UKPC often put their POPLA code -
it is a 10 digit number on the bottom of letters.

kirkbyinfurnesslad_2

They claim to have been taking legal advice for a long time........

4consumerrights

kirkbyinfurnesslad wrote: »

They claim to have been taking legal advice for a long time........

In late September they didn't on their letters ......

Oh wait a minute though that's when they published the c*rp on the wheels of justice page on BP Collins saying they are in daily telephone calls with them etc....... and afterwards turning to JMW for rent a solicitor letter and maybe now LPC with DRP.

Legal advice for UKPC - your charges amount to an penalty, you do not have any legal right to pursue claims in your own name and you make all your revenue from parking charges - Oh yes I saved the web page before you amended it!
and you are another company to fail to meet their legal obligations under the Equality Act.

PS be seeing you in court soon!

Coupon-mad

although not on the Parking on Private Land Appeals list of grounds for appeal

Doesn't matter! Please stop taking the BPA-written headings so seriously!

http://parking-prankster.blogspot.co.uk/2013/05/secret-reasons-you-can-use-in-your.html

And by the way you DID appeal so please don't backtrack on that as you want a POPLA code! Check the letter thoroughly for any POPLA code or form printed on the back. If none then do the same as everyone else who gets this letter (which you will find if you search this forum for 'UKPC' and you could also search for 'Moorgate' but ONLY read recent thread results from the past 3 months). Involves replying to them of course, demanding a POPLA code (receipt or no receipt you are allowed one) and reporting them by email to the BPA and DVLA.

dorytori

Thanks for all this guys. So I need to write to them to ask for a POPLA code, do I need to write to the BPA first or later?

Redx

dorytori wrote: »

Thanks for all this guys. So I need to write to them to ask for a POPLA code, do I need to write to the BPA first or later?

you do both as mentioned here

Involves replying to them of course, demanding a POPLA code (receipt or no receipt you are allowed one) and reporting them by email to the BPA and DVLA.

email addresses for the latter are in the NEWBIES sticky thread

4consumerrights

[QUOTE]although not on the Parking on Private Land Appeals list of grounds for appeal [/QUOTE]


As coupon says don't take things too literally.
The BPA are not your friends - their members have to pay for the appeals (via each appeal and their associated AOS/IAS joining fee and coach the parking companies.

ezerscrooge

Same rubbish they sent me.

Get your POPLA code and put your appeal together - using the standard template will do - they've mentioned liquidated damages so your POPLA appeal will be allowed. Just make sure you have the No GPEOL paragraphs in it.

You'll get good news from POPLA then a letter of apology from UKPC.

dorytori

I asked them for a popla code and all I got in response was exactly the same letter that I was sent originally.