Appeal rejection - now onto POPLA

george321

Hi there - the RK recently received an appeal rejection letter, and I have copied the non-confidential body of the email below. I'm looking at your POPLA appeal process now and will try and put some wording together but wanted to show you guys this first to see if there were any comments you had.

A few questions:

1. Still not really sure what they're invoicing for - can only assume it's a paltry overstay but the time on the ticket isn't legible in the photos they've sent, and they haven't clarified in their response.
2. Signs are pretty few and far between in the car park, and do specifically stipulate parking in the "marked bays" as part of the conditions. There are no marked bays anywhere in the complex - is this a case for argument? Keen to make my POPLA appeal as specific/unique as possible.
3. Possible outcomes - thinking worst case scenario, if we don't win at POPLA, does the driver simply write to give their name (to stop RK getting any future hassle) and then continue to ignore? A little concerned about court/other negative actions upon either RK or driver so would be great if someone could explain this. I have checked the threads but can't see too much on what happens if POPLA appeal fails

Wording of appeal rejection letter:
"Thank you for your recent correspondence in relation to the above Parking Charge.
"We have investigated your appeal based on the information you have submitted and confirm that this Parking Charge was correctly issued because there are sufficient signs at Deals Gateway warning drivers that should they park their vehicle without displaying a valid permit this will result in a Parking Charge being issued to the vehicle.

"We have taken legal advice and we have been advised that not only can our parking charges 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 Court's position is that where the parties to a 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 at 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 an 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 this can be made available in a redacted form should we proceed to the independent assessors stage and will be provided in full should the matter proceed to court.

"All of our signage is fully compliant with the guidelines set out within the BPA Code of Practice.

"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.

"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 To UK Parking Control Lid. PLEASE REFER OVERLEAF FOR PAYMENT OPTIONS AND ADDRESS DETAILS.
2. Make an appeal to POPLA — The Independent Appeals Service, POPLA, PO Box 70748, London, EClP lSN within 28 days of the date of this letter or by making your appeal online at popla website, using the verification code 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. It you choose to do nothing the parking charge will automatically 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."

Any advice from anyone would be greatly appreciated,
Many thanks in advance,
I'll be in touch with a draft POPLA appeal in a day or two,

Initial thread: "UKPC charge - help with initial approach?" (couldn't post URL)

(Couldn't find a way to edit original thread title to increase readership so apologies if this isn't "the done thing"!)