UKPC Parking Charge Notice NTK - Cambridge Cliffton Road

Srini

Hi,

I have received an NTK from UKPC for £100 for parking in a Private Parking Area in Cambridge. The parking was noted as 19th Feb 2014. The notice contains a picture. The picture is very dark and only the number plate of my car is visible. The only other bright features are a few dots of lights in far away location. This area is really dark and in the winter month of February it is even more dark. The said parking was in front of an Industrial unit which was vacant. UKPC notices are not easily visible in the night. I did not receive any notices prior to this notice. And there was also no sticker on my car window on the day being charged.

What are my options? I have read through the newbe thread and have copied the Soft Letter to UKPC. As a first step is it sufficient to send this letter by registered delivery as well as on-line? Can someone help me in customising this Soft Letter with the facts which I have stated above? Is there any advantage in disclosing these facts of no earlier notices being received, or very dark picture indicating dark night with poor visibility, or the receipt of the first notices as NTK in first week of April 2014? As this is my first such experience I would like some help in this regard.

I read in one of the similar treads that this area is owned by Cambridge University who have leased out to various occupants. This specific unit was vacant at the time of parking. And the timing of parking was around 20:00 Hrs. I strongly belive that this is not a fair charge by UKPC.

Thanks in advance.

Cheers (Though there is not much to cheer about this notice :-( )

Redx

just follow the template letter in the NEWBIES thread , as there will likely be no mitigating circumstances allowed by a PPC like this one

the pictures are supposed to be that way IF its an anpr picture, not a passport or holiday photograph (read the blog on parking pranksters website that explains it) but it will be altered if its a camera by a warden / operative

either appeal online or at the post office with a free proof of posting certificate (not recorded or registered)

then when they reject your appeal , use the popla appeal and appeal to popla on legal terminology, again all covered in the newbies thread

even the flow chart is linked in post #9 of that newbies thread

you can also point out that they have broken the BPA rules and POFA 2012 with this postal NTK due to no windscreen ticket being issued

none of these parking charge notices are fair , that is why you appeal

if you need help with the soft appeal, you draft it up and post it on here, minus personal details, for critique, as nobody is going to write it for you

you write it , you post on here, it gets checked and comments are made, same with your popla appeal , ie:- we help you to help yourself, not do it for you

as for the unit being vacant , or no other vehicles on it, your car was still trespassing by being parked there , on private land , in other words you have no right to park there and that is why they sent you the NTK

so you appeal it in the usual way and then to popla using the usual legal arguments

Srini

Hi,

Based on the template provided, I have customised Soft Letter below. Please provide your feedback on the same. On confirmation I intend to send it by post as recommended and also file an on-line appeal.

Dear UKPC,

PCN number XXXX
1) Parking Chare Date & Time: 19/02/2014
2) Location: Cliffton Road Industrial Estate, Cambridge, CB1 7AA
3) Notice To Keeper Date: 24/03/2014
4) Notice Received Date: 02/04/2014

As the registered keeper, I have received your parking charge invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass
4) You have broken BPA rules and POFA 2012 with this postal NTK due to no windscreen ticket being issued


Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- If alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

Srini

Continuing with my earlier posting, I just now found that the address provided on the NTK is CB1 7AA. This is not the right address of where the car was parked. Does it make any difference to the PCN? Should I include this information in the soft letter?

Thanks in advance.

da_rule

I think you need to elaborate on point 4, how have they breached POFA by not issuing you a windscreen ticket?

Srini

Hi

Thanks for the input on point 4. I currently do not have information which I can elaborate. Instead I removed point 4 in my soft letter. Today I have posted it from a local post office and got a sent receipt. I hope this is what is the meaning of Free Proof of Posting Certificate. Please confirm if what I did is right.

Do I also need to appeal on line for UKPC appeal in addition to posting the appeal letter?

Thanks.

da_rule

As long as you didn't send 'Recorded' or 'Signed For' it should be fine.

You can submit online too, best to do two than none.

Srini

Hi,

Yes I did not send it either Recorded or Registered post. I will also appeal online as recommended.

Thanks.

Srini

The Appeals section allows only 2000 characters to be typed when you try to appeal online. I had to reduce the soft letter to 2000 characters by significantly trimming the long letter. Here is the sample of the content which I typed in the Appeal window which appealing online:

" As registered keeper I received your parking charge invoice which I decline your invitation to pay.I invoke your appeals process since all liability to your company is denied on the following basis:The amount claimed isnt a Genuine PreEstimate Of Loss to your company or the landowner;Your signage doesnt comply with your ATA Code of Practice, wasnt sufficiently prominent to create any contract;You arent the landowner and dont have the standing to offer contracts nor claim for trespass;Issue your standard cancellation letter or a specific detailed rejection letter stating-the legal basis of your charge.If alleging breach of contract provide breakdown of liquidated damages suffered by whom when this calculation was determined how this particular Loss arose.Explain how/why you charge fixed sum whether for trivial or serious contravention how that amounts to genuine pre-estimate of loss.If alleging trespass enclose evidence of perpetrator and proof of liquidated damages alleged, calculation of this sum.If alleging contractual fee send me VAT invoice explain daily rate for parking and service provided for fee.Failure to provide this information and VAT invoice will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law.Take formal note: Your unsupported unsolicited invoice and further letters will constitute harassment.If you continue your contact and that of any agent will be deemed serious persistent unwarranted and I reserve the right to take matter further.Any obfuscation on your part will be reported to the DVLA and your respective ATA as sanctionable breach of your Code of Practice.If you reject my challenge I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour which are not exhaustive.By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above"


Hope that this content reflects the summary of the actual letter which I sent earlier.


It will be good if someone can look at this character restriction and come up with a sample content that can be filled in while appealing on line.


Thanks once again for the support and the extent of information made available on this site


Kind regards.

Redx

all you type is

see attached documents

then attach your full appeal as a word doc or pdf if that is possible ?

Coupon-mad

It's fine as a shortened version though, it's only 'round one'. The longer appeal comes in round two!