UKPC Parking Charge

[iD]

Hi there

I received a UKPC parking charge when visiting my brother about a month or so ago. I actually didn't park in any of the bays but in an unmarked area and put a visitors permit displayed on the front.
The PCN reads "Not parked correctly within the markings of the bay or space"

I ignored the original PCN and now have received the NTK.

Should I now just go to their website for appeal and paste the following (after adding my name and pcn number etc)? Or is there anything else I need to do before I do that?

Thanks in advance.

Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
As the registered keeper, I have received your parking 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

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,



{the registered keeper's name}

HO87

In a word, yes. Appeals sent by email or off company websites have been known to disappear so you might want to follow it up by sending a copy by snail mail - ensuring that you do not send it by recorded/registered delivery/post as PPC's are known to reject anything that arrives in that fashion. Do however post it from the local post office and ask for a certificate of posting (they are free).

PS can you change the code box in your post for a quote? It makes for easier reading.

[iD]

Thanks for your input. I was wondering the same thing since you don't get any proof that you have appealed.
I will make sure I send it by post tomorrow.

bod1467

Interpretations Act 1978. An item sent 1st class post (with proof of posting) is deemed "served" (delivered) 2 working days after posting.

[iD]

Hi there

I received a letter from DRP (debt recovery plus ltd) a couple of days ago asking me to pay £160 for unpaid parking charge by UKPC.
Strangely UKPC never replied to my appeal and bumped the charge up to £160 from £100. It doesn't make any sense to me.

Any idea what to do next?

Thanks in advance

Stroma

How did you send in the appeal to ukpc ?

Becky_Boo

Hi
I'm planning to appeal but I'm moving house in two weeks, should I wait till keepers notice arrived ?
Or jut don't risk it and appeal straight away ?
Thank you for your advice

[iD]

Hi

I sent that by first class (non recorded) letter but I have the proof of postage.

Thanks

Dee140157

Beckyboo, please start our own thread and delete your post on this one.

Read the newbies thread for info about appealing.

Coupon-mad

[iD] wrote: »

Hi there

I received a letter from DRP (debt recovery plus ltd) a couple of days ago asking me to pay £160 for unpaid parking charge by UKPC.
Strangely UKPC never replied to my appeal and bumped the charge up to £160 from £100. It doesn't make any sense to me.

Any idea what to do next?

Thanks in advance

The NEWBIES thread post #6 covers it.