POPLA appeal for parking on a public road

jimmy102

The issue is that UK CPM are saying it's an access road to their property. My car was parked on the corner of a public road. About 15 metres away is their private car park and they are claiming I am parked on an access road to their car park. The council should confirm it's a public road but I'm not sure I'll get that in writing.

fisherjim

jimmy102 wrote: »

The problem is that UK Car Parking Management, is a scam company, and it's not a legitimate ticket. Their argument is that the road is an access road to their private car park, but there is absolutely no signage or anything else to suggest this. It's just a road that leads to their car park.

There I've corrected that for you!

Coupon-mad

jimmy102 wrote: »

The problem is that it's UK Car Parking Management, it's not a scam company and it's technically a legitimate ticket.

LOLOLOL! Please wise up - this is UKCPM! But you could lose if you rush this as your POPLA appeal isn't right yet and their signage can confuse matters.

So stop a minute...you haven't shown us the pictures of this 'road' they are relying upon, nor the signage wording which is very important with UKCPM as it may be alleging a 'contractual' charge. Also please show us the Notice to Keeper (first letter you got).

Don't submit that POPLA appeal yet please - one was lost v UKCPM and is now the subject of a POPLA complaint. So let's get this one worded properly once we've seen the 'signs and lines' and paperwork please. AS A NEWBIE YOU MUST BREAK THE LINKS TO THE PHOTOBUCKET OR SIMILAR URL WHERE YOU HOST YOUR PICS, BY REMOVING THE HTTP.

IamNotAllowedToUseMyName

jimmy102 wrote: »

The issue is that UK CPM are saying it's an access road to their property. My car was parked on the corner of a public road. About 15 metres away is their private car park and they are claiming I am parked on an access road to their car park. The council should confirm it's a public road but I'm not sure I'll get that in writing.

The council will have no problem putting it in writing. Speak to the highways department, it will take them seconds to work it out from their maps, and there is no reason why they would not put it in writing for you. You could call your councillor to help if they aren't helpful - officers always jump if a councillor asks them to do something. However, ask politely and the person will be more than happy to help.

Regardless, if it was private, there must be a clear indication of the boundary of the property, something that has come up in recent court cases.

Cover all bases in your letter, if it is private land they need to explicitly prove it, but then they'll fail on no gpeol and all the other nonsense. If they can't prove it is their land they've lost.

If you do get the council to confirm it is public highway, then perhaps they might assist you further.

da_rule

The other way to get it in writing would be to send an email to the highways department. Their reply would probably be admissible.

jimmy102

Coupon-mad wrote: »

LOLOLOL! Please wise up - this is UKCPM! But you could lose if you rush this as your POPLA appeal isn't right yet and their signage can confuse matters.

So stop a minute...you haven't shown us the pictures of this 'road' they are relying upon, nor the signage wording which is very important with UKCPM as it may be alleging a 'contractual' charge. Also please show us the Notice to Keeper (first letter you got).

Don't submit that POPLA appeal yet please - one was lost v UKCPM and is now the subject of a POPLA complaint. So let's get this one worded properly once we've seen the 'signs and lines' and paperwork please. AS A NEWBIE YOU MUST BREAK THE LINKS TO THE PHOTOBUCKET OR SIMILAR URL WHERE YOU HOST YOUR PICS, BY REMOVING THE HTTP.

Thanks - I'll put some photos up later. I'm assuming the Notice to Keeper is the ticket they left on my windscreen?

Umkomaas

jimmy102 wrote: »

Thanks - I'll put some photos up later. I'm assuming the Notice to Keeper is the ticket they left on my windscreen?

NO the windscreen ticket is the Notice to Driver (NtD) - the NtK is the letter the RK receives in the post between 29 and 56 days after the parking event. Have you received this letter? If so check date on it (and date you received it) to determine if it falls in the 29 - 56 parameter.

jimmy102

Umkomaas wrote: »

NO the windscreen ticket is the Notice to Driver (NtD) - the NtK is the letter the RK receives in the post between 29 and 56 days after the parking event. Have you received this letter? If so check date on it (and date you received it) to determine if it falls in the 29 - 56 parameter.

Thanks. Letter is as follows

Thank you for your appeal against the above PCN. Your appeal has been unsuccessful as a breach of the terms and conditions of parking occurred. The decision has been made on the basis of;

1. The vehicle did not clearly park within a designated area/parking bay
2. The photographic evidence of your vehicle supports the above statement
3. Signage clearly states 'no parking outside of a designated area/parking bay.

You have parked the vehicle upon the kerb in the access road to the private properties area which is not accepted. The signage within the area clearly states the terms of parking.

With regards the fee, it is a pre-estimate of loss. By parking in the restricted area in clear breach of the restrictions, you have agreed to pay the fee as stated on the warning notices placed within the area. If all motorists didn't park where they shouldn't, paid where they should, didn't overstay and followed the specified conditions at the sites we look after for our landowner clients, the following cost would not exist: attendant patrols with related costs and/or maintenance of motoring equipment, PCN processing, cost of handling motorist appeals including the response and DVLA fees and membership feeds to fulfil DVLA's reasonable cause criteria / ATA membership and ICO membership. The combined cost of all of the above is calculated at £100 per parking charge notice, this being a genuine pre-estimate of loss.

Umkomaas

I presume you appealed to the PPC on receipt of your windscreen ticket rather than wait for the NtK?

Did they give you a POPLA verification code in their 'rejection' letter shown in your post #19?

jimmy102

Umkomaas wrote: »

I presume you appealed to the PPC on receipt of your windscreen ticket rather than wait for the NtK?

Did they give you a POPLA verification code in their 'rejection' letter shown in your post #19?

Yes, I appealed after the windscreen ticket. They didn't give me anything for POPLA but I called them yesterday and they gave me a verification code