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Drpl

Continuing on from my post regarding UKPC INVOICES I have received this letter regarding my appeal to the aforementioned company.

About your parking charge
Thank you for your recent communication regarding the above Parking Charge Notice (PCN).
As per the British Parking Association’s (BPA) Code of Practice, Point 22.7, the driver/keeper/hirer was allowed 28 days from the date the PCN was issued and/or 28 days from the date the Notice to Keeper was sent to challenge the PCN. The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (POPLA) is no longer available.
However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.

My findings
The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that drivers must clearly display a valid parking permit for the site. They also warn that failure to do so may result in the issue of a PCN.
On the date in question the vehicle was parked on the site but no valid permit was clearly displayed. This means that the terms and conditions were breached and a PCN was correctly and legitimately issued and placed on the vehicle for notification purposes.

I enclose photographic evidence taken at the time of the parking contravention, showing that there was no valid permit on clear display.

Regarding an appeal, a response was sent on 20th February 2014.
Under Protection of Freedoms Act 2012, Schedule 4, Conditions that must be met for purposes of paragraph 4:
S (8)(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
In light of the above, while I appreciate that you claim not to have received this correspondence, under the Protection of Freedoms Act 2012, such is, without evidence of the contrary, presumed delivered.

What you need to do now
Please pay £160.00 by 18th April 2014. You can pay online or by phone.phone 0844 561 0965. You can find full details of how to pay on the reverse of the letter(s) sent to you.

What will happen if you do not pay what you owe
If you do not pay the amount by the date shown above, I will pass your case to our legal team, who will consider taking legal action to recover what is due.

What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.

More information
This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.


Now I can't explain how angry I am at this. I was told by ukpc at the time my initial ticket was on hold until the appeal outcome of the second ticket. If calls are recorded can I use this as evidence?

As stated previously he car was in my space displaying a permit but I was still issued a ticket.

What shall I do now

Comments

  • Umkomaas
    Umkomaas Posts: 43,480 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What shall I do now

    PM Crabman (board guide) and ask him to link this with your original thread and close this one. Otherwise you run the risk of getting comments potentially out of context. You can't expect advisers/posters to know about, remember or to search back for your original thread.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If you are really angry, and want to give them grief and you are a landlord or tenant properly parking in your own space,

    1. read my recent posts on the matter

    2. ignore all future correspondence with them,

    3. give your landlord/management company hell

    4. read this

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**
    You never know how far you can go until you go too far.
This discussion has been closed.
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