UKPC - Parking fine

Peter1979

Hi,

I live in an apartment block with a car park underneath monitored by UKPC, I have a parking space as part of my leasehold so own that space.

In a particularly unfortunate week in the wet and windy weather the parking permit blew off of my dash twice and I got a ticket both times. My other half and I regularly swap the use of the space so sticking the pass to the windscreen is not feasible.

I understand why I got a ticket, the pass was not visible on the dash.

I appealed online and sent them a picture of my parking permit, their reply was to offer me a reduced rate of £15 fine for each ticket.

What are my chances of having that overturned by going to POPLA? It's a technicality that I received a ticket but the parking space is mine, I own it and therefore can park there. It's not even a case of me parking on someone elses land.

It's very frustrating and I'm not keen on paying £30 to park in my own parking space. Even more so a total of £120 if I were to lose the appeal. I don't want to pay it just to make it go away because common sense should have led them to just waive the fine.

Any advice you can give would be greatly appreciated.

Thanks

Aaron_Aadvark

An appeal to POPLA is very likely to succeed.

How has parking on your own land caused somebody else a loss?

Read the sticky thread to see the appeal process and winning grounds.

And read the POPLA results thread to see the appeals which win and the fact that in most cases the parking company does not even bother to submit evidence.

ampersand

Hello Peter, there's one very important first step you MUST take -
Remove that word 'fine' from your mindset in relation to their trash.

IT ISN'T NOW, NEVER WAS, NEVER WILL BE A 'FINE' - that's just one bit of misrepresentation...loads more will follow.

As Aaron has explained, start reading the NEWBIES STICKY THREADS.

As for 'common sense should have led them to just waive the fine.' You will not be reading long before you come back and apply a few :rotfl::rotfl::rotfl: to that nonsense!

You have 28 days to prepare a sound, ppc-wipeout Appeal, easily done with all the NEWBIE ADVICE THREADS. You'll be surprised that mitigation is of no real relevance.

Show us your Appeal before you post it. When you do, remember to obtain a Certificate of Posting.

Others will help you - read, read read first and don't worry.

ppc's are shysters.

The_Deep

The whole point of these schemes is to deter others from parking in residents' spaces, and not clog up visitors' spaces, it is not to harass residents.

Get on to your management company and tell them to deal with it. If your lease makes no mention of car parking permits, tell them that placing a ticket on your car is a trespass, and interference with your lease granted right to "quiet enjoyment" of your property may well be a criminal offence, contrary to the Landlord and Tenant Act.

If your really want to play hardball you should bin your permit and challenge UKPC to do their worst, which, I suspect, will be no more than stamp their corporate feet. They are hardly likely to take you to court. In fact, one resident was so fed up with their little games that he took UKPC to court recently for trespass and was awarded considerable damages.

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

fisherjim

Peter1979 wrote: »

It's very frustrating and I'm not paying them anything to park in my own parking space. I don't want to pay it just to make it go away because common sense should have led them to just waive their scam invoice.

Any advice you can give would be greatly appreciated.

Thanks

There I have corrected your last paragraph for you, this is the mindset you should have!;)

Hot_Bring

All good advice for you to follow.

One extra bit on the same theme as The Deep's post. You say you OWN the space - is this via leasehold or freehold ? I ask as if it's freehold then you should write back to UKPC and tell them that, as the landowner, you have not instructed them to operate on that piece of land and that they should immediately stop trespassing.

With leasehold you obviously need to involve the landowner / managing agents as The Deep mentioned.

Coupon-mad

Aaron_Aadvark wrote: »

An appeal to POPLA is very likely to succeed...

...as long as he doesn't talk about permits only! The winning grounds of appeal are in the NEWBIES sticky.

shredx81

The_Deep wrote: »

The whole point of these schemes is to deter others from parking in residents' spaces, and not clog up visitors' spaces, it is not to harass residents.

Totally agree.

The PCN i'm dealing with is from a residential development that I live. Most of the hundreds of properties on the development have just one registered bay with a UKPC permit. Any failure to display a permit or parking in a bay not allocated to the displayed permit results in a PCN by UKPC. I've seen cars before now with PCN's issued after being forced to park elsewhere when a visitor has parked in their bay. Also, although UKPC are there (I would hope) to protect the interests of the residents, i've never once seen one patrol my building's car park.

My PCN was issued after I drove my car round to a friend's flat on the same development to drop something off. I parked by the side of the road, specifically not in a bay, was in & out in 5 minutes & found a ticket on the car.
There are 25 visitor bays to suffice hundreds of flats & properties on the development, none of which were available.

So as a resident of the development, i've driven my car round to another resident's property, specifically not parked in another resident's bay (so as not to inconvenience anyone) & still been issued a PCN. The only logical way my reason for visiting could have taken place was to drive over, have my friend remove his permit, give it to me, him drive his car off site temporarily, me park in his bay, offload, get back in the car, drive to his car off-site, hand over the permit & for him to park back in his bay.
An utter farce with accompanying imaginary Benny Hill-themed music I think you'll agree.
If there is no visitor bay available, there is simply nowhere on the entire development that anyone can leave a car except their one registered bay.

I phoned the property developer about it after receiving the PCN, hoping they could support an appeal but they have subcontracted the servicing & site maintenance to another company who have further subcontracted the parking enforcement. The developer have apparently absolved themselves of any responsibility or favoritism towards the residents during the handover (which is understandable) & the management subcontractor have an invested interest in ensuring all parking sanctions, regardless of whether they are inconvenient to the residents, are adhered to (which is also understandable).
Morally, however, the PPC doesn't primarily protect the parking interests of the residents as I suspect they were primarily employed to do.
They are completely uncompromising towards everyone.

bod1467

http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/

Worth a read.

Annie1960

bod1467 wrote: »

http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/

Worth a read.

I've signed the e-petition at the end of the blog on the above link. It needs lots more signatures.

ampersand

bod1467 wrote: »

http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/

Worth a read.

####
bod, could you highlight this one on a separate Thread so we can all sign and support, diffuse sources of knowledge, case law etc?

It deserves separate billing.

Thankyou for the heads-up.
####
Annie, I find no petition on any of the pages.