UKPC Parking Charge assistant

pravus_rex

I received a parking charge attached to my windscreen on 14/07/14 from UKPC. Following advice from the forum, I waited for the NTK letter to arrive, it arrived on 13/08/14.
Using the templates available on MSE, I replied both via online and letter (certificate of posting obtained) on 22/08/14. I used the following;

I have received your parking 'invoice' impersonating a parking ticket. I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

A) The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss to your company or the landowner.
You are not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in your own right.
C) Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract formed. This is a non-negotiated and totally unexpected third party 'charge' foisted upon legitimate motorists who are not your customers and are not parties of equal bargaining power. Therefore ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms and I contend the extortionate charge was not ‘drawn to his attention in the most explicit way' (Lord Denning, Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, Court of Appeal): 'The customer is bound by those terms as long as they are sufficiently brought to his notice beforehand, but not otherwise. In {ticket cases of former times} the issue...was regarded as an offer by the company. That theory was, of course, a fiction. No customer in a thousand ever read the conditions. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling.'

As you have failed to create any enforceable contract I suggest that you cancel this unjustified 'ticket'. If not, under your Trade Body's current Code of Practice you must issue a rejection letter which, in order to answer my appeal, must include:

1. The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee?). As keeper, I cannot be expected to guess the basis of your allegation.
(i) if alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue?).
(ii) if alleging trespass, enclose evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.
(iii) if alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal).

2. Proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention. If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any). Such detail is necessary for me to make an informed decision. Failure to divulge your landowner contract (or heavily redacting it) will be deemed as withholding pertinent information and, of course, I will require it to be shown at independent appeal stage anyway. A witness statement will not suffice, nor a site agreement with a managing agent or other party who is not the landowner.

3. Your explanation of the consideration that you believe flowed from the driver, and from yourselves. Consideration from both sides is required for a contract.

4. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

5. The means to make an appeal to POPLA or the IAS. This must not be withheld or delayed, which would be a breach of the Code of Practice.

If you fail to simply cancel the charge or supply the means to independent appeal in your first reply you will also be reported to your applicable ATA and the DVLA. A certificate of posting will be obtained for all written communications for this appeal and complaint and I intend to claim my costs when I prevail.

I am sure some of you are aware of the above template.

I received a reply from UKPC on 10/09/14 which reads;

"Thank you for your letter regarding the above parking charge reference number. Your case will be put on hold whilst under appeal and we will respond to you in writting within 35 working days. Assuring you of our best intentions at all times. Yours fathfully"

Could someone assist me on what I should do next?

Your help is much appreciated, thank you.

Pravus

Nodding_Donkey

Wait until the 35 days is up

Dee140157

And when reject comes, go onto post 3 of newbie thread for POPLA appeal.

pravus_rex

Ok, thanks, I wasn't sure if I had to demand for POPLA now or not. I will wait and update once I receive any further letters from UKPC and friends.

Thanks again,

Pravus.

Dee140157

Interesting username, Corrupt King...

pravus_rex

I received a reply from UKPC with the following;

"Thank you for your recent correspondence in relation to the above Parking Charge. We understand your frustration and appreciate the inconvenience this has caused for you. It is not our intention to cause undue worry and frustration when enforcing our clients parking regulations.

We have investigated the appeal based on the information submitted by yourself and can confirm in the instance that the Parking Charge has been cancelled due to an administration error.

We strive to deliver a high quality service that enhances the existing quality standards insisted upon by our client and ensure our Wardens are stringently trained to meet these expected standards.

On behalf of ourselves and client we apologise for any inconvience."

Thanks to everyone who helped out and all the help offered within this site.

Coupon-mad

Oh what a surprise! I will add this here with all the other UKPC admin errors!

https://forums.moneysavingexpert.com/discussion/comment/64869779#Comment_64869779

EnigmaPart1

UKPC always say "admin error"

Umkomaas

They are so administratively inept, how come the BPA monitoring procedure hasn't spotted this?

Motorists are falling foul of this ongoing ineptitude.

EnigmaPart1

Umkomaas wrote: »

They are so administratively inept, how come the BPA monitoring procedure hasn't spotted this?

Motorists are falling foul of this ongoing ineptitude.

But they are very nice on the phone!

Umkomaas

EnigmaPart1 wrote: »

But they are very nice on the phone!

As are HMRC :rotfl: