UKCPS Centertainment ticket advice

InDeepDebt

Evening all

Just been looking at the Newbies thread. Some interesting information in there.

Bit of background first. Went to Centertainment (Sheffield) around Christmas time as we'd booked to go to the cinema. When we got there, there were no spaces as there was an event on at the next door venue, The Sheffield Arena. The car was parked at the end of a row with two wheels on a really wide pavement. Anyhow, there was a ticket on the windscreen on return as the car was parked out of a bay.

Appealed to UKCPS - appeal rejected.
Tried to complain to POPLA but code didn't work.
Got new code, complained again saying that the charge did not reflect the loss to UKCPS or the landover.The appeal is planned for a few weeks time.

I have now received an email off UKCPS. It's a very strange email - it's as though they're trying to scare me - the email seems to have been accidentally (on purpose) sent to me. It doesn't address me direct but talks about me in the third person. It then has a "Genuine Pre Estimate of Loss" sheet that shows that their loss by me refusing to pay the charge is over £100. It puts down a charge of £5 for the issue of the ticket. Then £5 for getting DVLA details. Then £80+ for preparing the appeal case as well as about a tenner for phone calls, computer equipment, etc.

Has anyone else had such a thing? Is this normal? Is this a last ditch attempt by UKCPS as they know that they are going to lose at POPLA at the end of this month and are just trying to get me to pay?

Do I contact UKCPS again now or do I wait for the results of the appeal to POPLA?

Many thanks in advance

Stroma

Can you post the exact wording of this please

Redx

sounds to me like the popla evidence pack that you have received because you get a copy as well as popla

Coupon-mad

Has anyone else had such a thing? Is this normal?

Yes it's their POPLA evidence that has to be copied to you! Like Redx said.

InDeepDebt

Thank you

I'll let you know the outcome of the POPLA appeal at the end of the month. Not sure how it will go as I didn't use this site to formulate my reply.

Stroma

You can still add to it I think

Redx

that is why you get the evidence pack, so you can now study it and add to your appeal with popla on anything you missed , like not a gpeol , no contract , poor signage

so check what you sent in and add anything missing, to make sure you win

Coupon-mad

InDeepDebt wrote: »

Thank you

I'll let you know the outcome of the POPLA appeal at the end of the month. Not sure how it will go as I didn't use this site to formulate my reply.

What, so you are not going to seize this chance in the final few days to respond the evidence and send an email to POPLA which will take you about 20 mins to throw together but will win your case? That's why you are sent the evidence so you can have a right to reply for a few days to POPLA!

Gawd I do hope your wording about loss was strong. To add more, you'd only need to look at post #3 of the NEWBIES thread, click on 'How to win at POPLA' and plagiarise the words about no GPEOL (specifically saying that it's just 'business costs' to list £80+ for preparing the appeal case as well as about a tenner for phone calls, computer equipment, etc. when there were no phone calls in your case and they deliberately sent a POPLA code that wasn't a useable one). And add 'UKCPS have no standing as they don't own the car park'. EVERYONE on here wins at POPLA against UKCPS and this one is just waiting for you to add your last minute response and win it this weekend!

POPLA will make their decision early in a week or so now they have both sides? So add the winning words to your side! - one email needed!

InDeepDebt

Just to give you an update;

I wrote something along the lines of:

I am appealing against this parking change notification as I do not believe that it is a true reflection of any costs or damages incurred by the landowner or car park management company

Received this back

The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has determined that the appeal be allowed
.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination
At <removed>, a parking operative observed the Appellant’s
vehicle parked at Centertainment Sheffield.
The Operator’s case is that the Appellant breached the car parking conditions by parking outside of a marked bay.
The Appellant made representations that the parking charge does not represent a true reflection of any damages caused to the landowner or the employed car parking company.
The Operator has submitted a copy of its genuine pre - estimate of loss. The parking charge must be a genuine pre - estimate of loss flowing from the alleged breach in order to be enforceable; where there is an initial loss which may be caused by the presence of an Appellant’s vehicle in breach of the
conditions (e.g. a loss of revenue from failing to purchase
a valid Pay and Display ticket) this loss will be recoverable. Provided an initial loss can be demonstrated, any consequential losses incurred in pursuing that initial loss,
such as issuing the PCN, staff costs may be included in any pre - estimate of loss.
In certain situations, such as a failure to pay a parking tariff, the initial loss will be obvious, where it is not obvious, it is for the Operator to demonstrate this initial loss when providing it’s pre - estimate of loss. This initial loss is fundamental to the charge and without it costs incurred by issuing the parking charge notice cannot be said to have been caused by the Appellant’s breach.
On this occasion, taking into consideration all the evidence before me, it appears that the Operator has not justified its initial loss. Consequently, I cannot decide that the Operator has shown that the charge represents a genuine pre - estimate of loss.
I need not decide any other issues.
Accordingly, the appeal is allowed.

Many thanks to all that replied. I missed the last two posts in the thread so didn't submit any further 'evidence' or add to my appeal letter. Seems what few words I did put in did the trick though. :j

Coupon-mad

I like that - the shortest POPLA appeal ever and it still beat UKCPS! Well done!

InDeepDebt

Coupon-mad wrote: »

I like that - the shortest POPLA appeal ever and it still beat UKCPS! Well done!

Thank you. I think that if I find myself in the unfortunate position to get another ticket, I'll follow the "How to win at POPLA" advice in future though.