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UKPC- Success

loggyboy
loggyboy Posts: 3 Newbie
edited 3 October 2014 at 12:24PM in Parking tickets, fines & parking
Just thought I'd post to thank those on here offering advice and give some details of how we succeeded in getting our 'fine' cancelled.
We parked in a busy Tescos in Basingstoke, and typically all 'family' spaces were taken. There were 30 or so unused disabled spaces which I just stuck the car in leaving a good 10+ spaces closer to the store spare (not strictly 'right' but morally justified IMO). Came back to the car literally 10 mins later to see if a family space was free which it was, but in that 10mins we had been 'fined' by a UKPC member of staff. In my anger I didn't even read the fine, I just threw it away. A few days later a letter arrived to which I replied, using the very basic version of the slightly sanctimonious sample letter in the sticky on this site. (copied below for those wanting a slightly simpler letter)


Interestingly the numerous photos they provided, didn't actually make it clear the space we were in was disabled (we parked over the symbol and they get a photo showing the high level signs. So I added that to the letter also.


Today we had a letter confirming (with some BS about customer service) that they had cancelled the 'fine'.


My letter read:


RE: PCN number:
I have received your letter dated **/**/2014. I wish to appeal this charge and dispute all liability to your company based on the following:


  • The car park is free to all customers therefore your charge does not demonstrate a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimated loss to your company or the landowner.
  • You are not the landowner and do not have the rights to offer contracts to drivers nor to bring a claim in your own right.
  • The evidence presented in your letter or online does not clearly show the car in a marked disabled space.
  • Any signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract formed.


As you have failed to create any enforceable contract I request that you cancel this charge.


Yours faithfully,
etc etc




THANKS :)
«1

Comments

  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Congratulations, I am always pleased when anyone gets one over UKPC who I hate with a vengeance!

    I am a a little confused by this statement though "not strictly 'right' but morally justified IMO"?
  • fisherjim wrote: »
    I am a a little confused by this statement though "not strictly 'right' but morally justified IMO"?



    I'm not disabled. But when the number of spare spaces clearly out weigh the number of users every time you shop there its a bit silly having that many.
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    loggyboy wrote: »
    I'm not disabled. But when the number of spare spaces clearly out weigh the number of users every time you shop there its a bit silly having that many.

    Presumably you fly business class but pay for an economy ticket?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Glad you beat UKPC - but to knowingly park in a disabled persons bay... tut tut

    Given that the forum has been of such help with the excellent templates, me thinks it would be a nice gesture if you made a donation to a charity that helps disabled people. After all, without the guidance on here, you'd have been stung for £60 at least.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 5 October 2014 at 8:51AM
    Presumably you fly business class but pay for an economy ticket?

    How does that work?

    I am a a little confused by this statement though "not strictly 'right' but morally justified IMO"?

    Nothing confusing. Paying customers are unable to park in able bodied spaces but there are spare spaces available designated for the disabled. You will no doubt protest vociferously when the able bodied depriving the disabled of facilities, what about the other way round. Tesco are not a charity you know.

    to knowingly park in a disabled persons bay... tut tut

    See below

    I'm not disabled. But when the number of spare spaces clearly out weigh the number of users every time you shop there its a bit silly having that many.

    Indeed, as a Tesco shareholder I fully endorse your sentiments, every little helps.
    You never know how far you can go until you go too far.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The_Deep wrote: »
    Presumably you fly business class but pay for an economy ticket?

    How does that work?

    I am a a little confused by this statement though "not strictly 'right' but morally justified IMO"?

    Nothing confusing. Paying customers are unable to park in able bodied spaces but there are spare spaces available designated for the disabled. You will no doubt protest vociferously when the able bodied depriving the disabled of facilities, what about the other way round. Tesco are not a charity you know.

    to knowingly park in a disabled persons bay... tut tut

    See below

    I'm not disabled. But when the number of spare spaces clearly out weigh the number of users every time you shop there its a bit silly having that many.

    Indeed, as a Tesco shareholder I fully endorse your sentiments, every little helps.

    He never said the car park was full though did he only the "family spaces"!!
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Presumably you fly business class but pay for an economy ticket?

    How does that work?

    Using the same OP logic for disabled parking spaces. Spare seats in business, so why not park myself in there - no one else is using them!

    I'm sure you wouldn't be too pleased if he 'turned left' with you on your EZY to ALC! :rotfl:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Well, the last time I flew long haul there were no empty seats in Business Class.

    It was from Brisbane to Dubai on Gulf. I was one of the lucky ones who was upgraded.

    IIRC, (I usually drtive to Spain), only crew can turn left on flights to Alicante.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    only crew can turn left on flights to Alicante.

    I know, hence the :rotfl: at the end of my sentence.

    I'd have thought the diplomatic service would fly all their senior staff BC (minimum). You didn't have to slum it in cattle class, surely?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 5 October 2014 at 9:48AM
    I always flew BC. Even the Ambassador flew BC although he/she invariably got upgraded to first. However, such perks end on retirement, as do free passports and endless platters of Ferraro Rocher.

    I well remember flying from Lagos to Kaduna On Nigerian Airways and we were served a proper meal on china plates with metal cutlery.

    I asked the stewardess what had happened to the banana and sandwich which was the usual fare on this flight. She replied, "That is on de London flight".
    You never know how far you can go until you go too far.
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