UKPC ticket in Scotland - driver identity admitted

Primeau

I received a parking charge notice from UKPC last week at the Gallagher Retail Park in Dundee. I had attempted to get a ticket, but the machine was out of order. Being in hurry, I popped into the shop, and returned to find a ticket on my windscreen. The attendant was still around, so I queried the ticket based on the faulty machine. He confirmed the machine was down, but said I should have gone to another one. He also recommended appealing to the website on the ticket.
Foolishly I did so, because in explaining the circumstances of the ticket, I have all but admitted that I was the driver. Needless to say, my appeal was rejected.
The letter I received stated that the appeal was rejected because the I had parked without displaying a valid ticket, and that there was sufficient warning signs.

But my question, do UKPC have reasonable grounds to charge me? The car park is free for first 2 hours, and I can prove I stayed for 30 mins max, and that I attempted to get a ticket. There was no sign on the faulty ticket machine to state that I should try another one. They have suffered no loss.


I have quickly read the FAQ, but all advice for tickets in Scotland appears to be to ignore the ticket on the grounds that the PPC does not know the identity of the driver. Does this advice still stand given I have all but admitted that I was the driver? I would have thought that contract law was a stronger defence given that there was no loss because parking is free for the first 2 hours?


I am further concerned to learn that UKPC are taking Tayside drivers to small claims court, as reported on 10 October.

Thanks in advance for any feedback.


best regards,
Primeau

wiogs

Since you have already appealed and got nowhere have you tried complaining to the managers of the shop(s) you used?

Primeau

No, but I shall.
thanks,
Primeau

pogofish

UKPC have issued a couple of small claims against people who admitted their identity in that car park but its too early to know the outcome. A decent defence ought to see an end to it.

In the meantime, I would suggest a strong complaint to the shops/management company as the next best way to proceed.

And next time - do not engage them in any way!

Primeau

Thanks for the reply, I shall certainly complain to the retailer.
But I am curious to find out if the template letter is still valid in these circumstances?


best regards,
Primeau

Primeau

One further thing, I did not receive a POPLA code in my appeal rejection. (although I did not know to ask for one)
Should I request a POPLA code?


thanks,
Primeau

pogofish

There is no such thing as POPLA in Scotland - POFA 2012 was never enacted here!

pogofish

Primeau wrote: »

Thanks for the reply, I shall certainly complain to the retailer.
But I am curious to find out if the template letter is still valid in these circumstances?

Its a complete waste of time up here. If you contact anyone, its the retailer/landowner/managment co, not the PPC.

Primeau

Thanks again.
As I said, I shall certainly complain to the retailer. If that complaint falls on deaf ears, do I have any other options?


best regards,
Primeau

pogofish

No - There is no meaningful method to appeal/challenge them here. That's why ignoring and not identifying the driver is the only option in Scotland.

Conversely, Small Claims is the only option a PPC has to try and legLLY force money out of you and there are plenty of good hurdles to them getting a decision in their favour.

One thing - they have also been known to use a debt collector to try and scare payment out of you via phone. If this happens to you, keep full details or better still record the call as there is almost no chance a small claim would stand-up after one of these calls.

Coupon-mad

Primeau wrote: »

Thanks again.
As I said, I shall certainly complain to the retailer. If that complaint falls on deaf ears, do I have any other options?

Yes:

- ignore it unless you get a Letter before claim or court papers.

and

- for now you can send a Notice of Cancellation because the new UK Consumer Regs do apply in Scotland as well. See the last bits of the template appeal in the Newbies thread, it sets out what a PPC 'contract' omits which all UK contracts have to include since June 2014. It's debateable - and has been discussed here at length! - as to whether a PPC contract is a 'distance contract' (I argue it is and as such I believe you have cancellation rights extended to 12 months and 14 days!). Even if I am later proved wrong (and it would take a Higher Court decision to convince me this isn't a distance contract) then it's still a fact that the Information and 'express agreement' parts of the Regs haven't been complied with. So I freely admit that I may end up proved wrong about the cancellation rights thing but it does no harm for a consumer to send such a Notice, in good faith. And that's not all. It would also help a consumer to then focus on the Regs as one point in any small claims defence, because if you read the Regs there's more than just cancellation rights and more implications than just those on distance contracts:

http://www.neighbourhoodwatchscotland.co.uk/da/78122/changes_to_consumer_contracts_regulations_coming_into_effect.html

And if people are misled by traders now and end up paying, since 1st October they have the right to sue for compensation:

http://www.scotlawcom.gov.uk/law-reform-projects/completed-projects/consumer-redress-for-misleading-and-aggressive-practices/

All these regs apply across the UK but those links are Scotland-specific.