parking charge

sonia66

Hi
I had a parking charge put on my car this morning for taking up two
parking bays but the car park was 3/4 empty and you do not pay
to park. So how can ukpc charge me £100 for parking in two bays and
I was only in the shop for 5 mins. But the thing is the ticket has
the wrong reg number on it so is the ticket invalid.

Redx

read the NEWBIES sticky thread and wait for the NTK, which wont arrive if they have the incorrect registration plate , lol

Stroma

The ticket is invalid in any case, you should wait for the NtK to arrive between days 29-56 after ticketing, if it never arrives then they haven't looked at the images they have taken of your number plate. In the meantime please read the sticky thread by coupon mad so you are prepared in all eventualities.

Stroma

Wish people would stop typing faster than me lol

sonia66

Hi

Thanks for your replies. I appealed before reading the forums and learning a bit more about these parking charges. UKPC have now realised their mistake and have reissued the parking charge have changed the reg number and also given me a new reference number. Rejected the appeal and said if I pay now it will be £60, if I appeal further to popla and lose it will be £100. Can they do this. I still believe its invalid.

Thanks

Coupon-mad

Of course they 'can' but then they've handed you another slam-dunk winning point for POPLA! As long as you realise you must also include 'no GPEOL' etc.

Stroma

You are talking about unregulated idiots who make a living by ripping off people, appeal to Popla with the wording from here, we win 100% of the time

sonia66

Hi

Just a quick note to let you all know I won the appeal for my parking charge.
They could not prove that they lost any revenue for parking over the white line as it is a free car park and also the vehicle registration was written down wrong.

They say

Appellants are not expected to use legal terminology. However by asserting that no revenue was lost the Appellant is submitting that the nature of the charge is not compensatory. I find that the parking charge in this particular case represents a claim for damages for the Appellant’s breach rather than a claim for the consideration due under the contract; this simply means that the charge is not seeking a price asked in return for parking but instead damages for a breach of the Terms of parking. Where damages are sought, and the issue is raised by the Appellant, the Operator has a burden placed upon them to provide evidence of a genuine pre-estimate of loss. No such evidence was provided in this case and the matter was not dealt with by the Operator.
Accordingly, I allow the appeal.

I just hope that all the other cars that have had tickets do not give up. Also recently in another new car park run by UKPC where they charge. The machines were broke and everyone that got a ticket that day appeals.

Thanks
:j

Coupon-mad

Well done! I am guessing you didn't actually use the words 'not a genuine pre-estimate of loss' (GPEOL) which was a risky strategy bearing in mind we had advised you to include it. Don't send POPLA appeals written about 'what happened' in future or you could lose one, and they are so easy to win with a few well-chosen points. Templates for 'How to win at POPLA' are in the top thread to copy from.

Anyhoo a win is great! The Assessor read between the lines so you got lucky. Could you post your success in POPLA Decisions which is a sticky thread collated by Crabman (third thread on this forum). In that thread, please state first, who the PPC was and quote from the decision please (and link this thread there) so that newbies can read about your case in future (most people won't be able to find this thread but the POPLA Decisions thread stays pegged up at the top).