Got UKPC Parking Charge

kan_user

Pls review below draft for intial soft appeal:
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Dear UKPC,

PCN number XXXX
As the registered keeper, I have received your parking charge invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

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 your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass
4) Your parking charge notice does not comply with terms and conditions mentioned on the nearest UKPC notice board from the site

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time 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 and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

Redx

seems to mirror the coupon-mad one in the sticky thread, so should be fine once the pcn number is added etc

henweb

I recently appealed a parking charge I got from UKPC, for parking in the car park of a shopping complex and then nipping over the road to another shop. It took me a while and a bit of bullish bravery, but I got it revoked (eventually) after realising the only "evidence" they had was a photo of my car - NOT of me leaving the car park. So I called their bluff.

Srini

Hi,

I too have received a Parking Charge Notice for £100/- in first week of April for a parking done on 19th Feb '14. In the letter they state that "A parking charge was issued to the driver at the time but this has not been paid." This is not true. I did not receive any parking charge notice before this letter nor was there any pasted on my Car window. It was on a weekday evening around 8 pm. I parked in an empty unit. It was pretty dark and I could not read the notice pasted on the Unit's wall. There is a very dark photograph in the notice showing just the registration number of my car and a few dots of lights somewhere in the distance.

I believe that this charge is un-reasonable. Any help as to how to act on this?

Thanks in advance.

da_rule

Srini - Please start your own thread, the forum is kept to one issue per thread, it prevents advice getting confusing/crossing over.

Srini

How do I start a new thread?

Thanks

pogofish

You click the big blue New Thread button at the head of each forum page.

kan_user

Soft appeal accepted by UKPC and parking charge has been cancelled due to administration error. Got cancellation letter within 1 week of submitting post and online appeal. Thanks to everyone for your support and advise.

Coupon-mad

Admin error hahahahaha! Well done!

Stroma

Congrats