Do I stand a chance of appealing?

DeanMB

I have been given a ticket by UKCPS ltd.

I was the only person parked in the car park when I arrived at approximately 7pm.

Ticket was issued at 8pm.

When I returned at 11pm, I was one of less than five people in that car park.

I have parked there every weekend without fail for the past year, never had a ticket. Turns out that UKCPS must have taken over the car park recently as some of their signs have appeared.

As far as I know, they do not own the land and they are just a managing agent.

I don't feel that the charge represents a reasonable loss of earnings for the land owner, nor was there any mention of time limits on the signage. It doesn't say that tickets must be bought between certain hours, nor does it say that the car park is 24hrs?

Thanks.

Stroma

Providing the car is yours wait until the notice to keeper to arrive which must be with you between days 29-56 of ticketing. When it arrives appeal providing you are in England or Wales , otherwise ignore! You will see the wording to use in the sticky thread by coupon mad. If rejected go to popla and win with our help.

DeanMB

Stroma wrote: »

Providing the car is yours wait until the notice to keeper to arrive which must be with you between days 29-56 of ticketing. When it arrives appeal providing you are in England or Wales , otherwise ignore! You will see the wording to use in the sticky thread by coupon mad. If rejected go to popla and win with our help.

Thanks,

I have read the stickies already and will be appealing. I just wanted to check whether others felt I could win the appeal or not as most cases I've read are where the land is owned as part of a shopping complex and people stay too long. In my case it was late night at a private piece of land on the outskirts of town.

Stroma

It's all private land so makes no difference, and you appeal without really saying what happened on the day, but with the template in the sticky thread.

pogofish

DeanMB wrote: »

Do I stand a chance of appealing?

No, you stand next to no-chance with these guys.

However if you read the newbies sticky and follow the advice therein, submit your challenge and get the POPLA code on your near-inevitable failure, you will still see them off nicely!

Guys_Dad

The argument about the car park being empty is similar to the one about being caught speeding on an empty motorway at 3.00 a.m. It is irrelevant to your appeal.

You have read the stickies and seem on the ball and will win on GPEOL or lack of contract.

I can't believe, however that the PPC would be blatant enough to have no signs that specified the parking conditions or contravention charges. So in your POFA appeal be sure to demand that they provide photographic evidence of the signs and their location.

HO87

I think your question should actually read: Do I stand a chance of win an appeal?

The answer - as already alluded to by others - an unequivocal "Yes". The only thing you need to do is to bend your mind around the fact that a winning appeal will make practically no reference to what happened on the day and everything about the legalities private parking companies thought it would be clever to exploit but are now coming up short on.

There are several winning scripts in the "Stickies" thread but emphasising lack of authority/legal interest in the land and the charge not representing a genuine pre-estimate of loss will win the day.

Don't get yourself tied up in the circumstances and concentrate on the legal issues - and that isn't exploiting a technical or loophole defence - the legalities are at the very heart of the argument.

Just stop and think how it is that but you parking in a space in a car park I'd just bet a pound to a pinch was nowhere near full enables a private company to try to charge you £X for? They have no right or authority at law to do so andrely on people's ignorance and skating through on thinly constructed arguments.

Use POPLA and ace them!

DeanMB

Cheers for all the responses, I'll wait my letter in the post and then begin proceedings.

Guys_Dad wrote: »

I can't believe, however that the PPC would be blatant enough to have no signs that specified the parking conditions or contravention charges. So in your POFA appeal be sure to demand that they provide photographic evidence of the signs and their location.

Sorry if I wasn't clear, I wasn't saying they had no signs stating the conditions of the contract. They have got a few small signs dotted around the area.

What I was trying to get across was the fact that the price board does not state the times at which you have to pay for parking, nor does it state that you must pay at all times. Hence why I thought it was okay (which it has been for the past year) at that time of night

Guys_Dad

DeanMB wrote: »

Cheers for all the responses, I'll wait my letter in the post and then begin proceedings.



Sorry if I wasn't clear, I wasn't saying they had no signs stating the conditions of the contract. They have got a few small signs dotted around the area.

What I was trying to get across was the fact that the price board does not state the times at which you have to pay for parking, nor does it state that you must pay at all times. Hence why I thought it was okay (which it has been for the past year) at that time of night

Then if you have a picture, you can add that to your "signage" section in the appeal. Maybe even make it point 1 of the appeal. I - and others- live in hope that the assessors would choose another appeal point other than GPEOL where the appellant uses GPEOL.

That would give another point of reference for the regulars. However, I would never advise anyone to use just 1 point of appeal and ignore GPEOL just to give the regulars more informatiomn and precedents.

Coupon-mad

We win 100% of POPLA appeals so not sure why the question was ever asked?! Yes, you will win at appeal if you follow our advice in the NEWBIES sticky thread.