UKPC - Parking fine

fisherjim

bod1467 wrote: »

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

Worth a read.

Some very interesting reading here, especially from the ex UKPC employee!

bod1467

ampersand wrote: »

####
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.

I could do, but it's not the first time this thread has been linked here:

http://forums.moneysavingexpert.com/showpost.php?p=64636509&postcount=8
http://forums.moneysavingexpert.com/showpost.php?p=64402053&postcount=11
http://forums.moneysavingexpert.com/showpost.php?p=63262009&postcount=10

Peter1979

Thank you so much for all the responses, I really appreciate it.

Before I attempt to pull together a letter can I ask where I should appeal to first? As my initial attempt to resolve the problem was through the UKPC appeals web page, followed up by a letter containing a clear a4 picture of my parking permit, do I write to UKPC again to decline their offer of a £15 fine per ticket and ask them to reconsider or do I go straight to POPLA? I will need to tailor a letter to one of them but not sure which. Any pointers would be appreciated.

I have had a look through the sticky and some of the links from there. My case isn't a direct fit as it's my own space rather than private land or the like.

Re: one of the questions asked of me above, the space is part of my leasehold rather than a freehold. I can email my estate manager for my building to complain but I'm not sure how to word it, what to ask for and what angle to take.

Thank you to everyone who has posted on the thread so far.

Coupon-mad

Search this forum for 'UKPC own space'. There are loads of threads like yours!

And if you have a POPLA form/code I hope you realise the clock started ticking the day they generated it and it lasts only 28 days to use? Of course you don't waste that time writing to UKPC again if you have the code and/or POPLA form then use it. And check the expiry of the code (see post #3 of the NEWBIES thread).

And you won't find an exact fit as the example POPLA appeals linked in the NEWBIES sticky thread are not meant to be templates to copy verbatim. Except I do recall writing a POPLA appeal here once about the 'bargain offer of £15' which you may come across by searching! You will have seen the usual winning words in every case though, I am sure! I guess you've already implied who was driving though which throws away a couple of good appeal points but never mind, there's always 'no GPEOL and no standing and unclear signage'. You'll win.

Peter1979

I have emailed the my management company regarding the situation of their contract with UKPC, so far no reply but I will chase this afternoon if need be.

I called UKPC who basically said they couldn't provide the POPLA appeal codes over the phone and I had to write to them, couldn't put me through to any other department, couldn't explain why they couldn't provide the codes with the letter that rejected my online appeal.

Now I have to write to them to ask for the codes I need to appeal.

When it comes to writing my appeal to POPLA I will have to mention that although they gave me 28 days to appeal they did not provides the codes and it reduces the amount of time to submit the letter.

As it's my own space I think I can go the route of the pre-estimate of loss, it's my space in a private car park so no loss to anyone.

There is no clear contract (as yet, I need details from the management company.

Any other bits I should include?

Thanks

ampersand

The 28 days do not begin until you have received a valid POPLA code, Peter.

I have this, quotable, in email from Steve Clarke.

Others may demur, but he was the man who sorted one for me[and others here].
I dealt only with him in acknowledging it, noting that my appeal would be in by xdate, then copying him into its dispatch by said date. Everything received a personal reply. He is being brought into the process increasingly thanks to mentions here and returned from leave on Monday, so perhaps expect a delay, but em him anyway.

Back on the offensive you go.

Peter1979

Thank you.

I have used a rough template found on here to request my POPLA code from UKPC, I would appreciate your thoughts;

I require the POPLA codes for the above PCN’s that you have rejected after appeal. I should add that these codes should have been provided with the letters stating you had rejected the appeal. A breach of the code of conduct.
The letter is dated 11th March giving me 28 days to appeal to POPLA, I will be doing so as;
The car is covered by a permit scheme. There is no other ‘pay and display’ arrangement for the car park and therefore there was no loss or damage caused by the parking event. Under the BPA CoP, a PCN for 'breach of terms' (as you allege) must only be a genuine pre-estimate of loss.


The only contract to park is with the landowner and all payments are up to date. UKPC cannot allege there is another 'contract' by somehow re-offering spaces in the permit holder car park on different, punitive terms than those already offered and accepted between the landowner and the permit-holder (and there is no charge for permits).

UKPC is a mere agent who does not own the land, so you have no standing to make any contracts with drivers nor to pursue these charges in your name. If you allege you do, then you will need to show your landowner/client contract to POPLA and me at the second stage appeal.

I invite you to cancel this charge since you can see that you have no cause to pursue it now that I have pointed out the flaws, I have parked in my own space, in a private car park.

So if after careful consideration you decide to reject this appeal, you must send me a POPLA code without further ado, as was reminded to the BPA in the recent POPLA Newsletter (Nov 2013). Or you can confirm that the charge is cancelled

The_Deep

You can go for GPEOL and you will win.

You can also go for their throat, and hundreds will win.

https://forums.moneysavingexpert.com/discussion/4931418

Peter1979

Any thoughts on my letter to get the POPLA code?

If I can nip it in the bud early I will, surely the same principles of the appeal will go to POPLA so not too different from the letter to UKPC.

Redx

this part is incorrect as you dont have any popla codes yet

The letter is dated 11th March giving me 28 days to appeal to POPLA

the template letter in the newbies thread is the ideal one to use

when you get your codes , they are then valid for 28 days as you were told earlier in post #21, but your popla appeal needs to have all the main appeal points listed , never mind the ones you have complained about in your ppc appeal letter