UKPC ticket in Scotland - driver identity admitted

Primeau

PS I've added this paragraph to my letter of cancellation of contract, which I will be sending this evening.
It doesn't add to my case, but it makes me feel better !

"Additionally, I notice from reports in this morning’s Dundee Courier that you have droppedcourt action against other motorists that had received parking charge noticesfrom you. This only strengthens my opinion that you are fully aware that youractions are unlawful, and that you are knowingly engaged in business practicesthat I could at best describe as unethical. "

pogofish

Excellent!

Primeau

Surprise, surprise ....... UKPC are ignoring requests from the local paper as to why the cases were dropped !!

Primeau

As expected, I have received a second letter from UKPC, further rejecting my 'appeal', despite my letter being clearly marked as a Cancellation of Contract!


The summary of the letter is as follows:


1. Rejection of my appeal, charges were not unreasonable nor unjust.
2. Offer of a further 14 days to pay £60, or else!
3. Rejection of my claim for expenses. There is no statutory, contractual or legal basis for an expense claim. UKPC offer an online appeal so I should incur no costs.
4. Parking charges are levied on the basis of a contract with the driver, as detailed on the signage. The signage displays the conditions of parking ad a charge will be levied if not met. UKPC ensures that signage is compliant with BPC CoP, so that the driver is bound by them when they enter and remain on site, so that all users of the car park are obliged to follow those terms and conditions of parking. It is settled law that a driver is deemed to have accepted the terms and conditions of parking by the act of parking in the car park.
A legal precedent was set in England and Wales in 1996, Arthur v Anker.
A number of other cases, Vine v Waltham Forrest 2000, refers to the creation of a contract with the driver. This is again reiterated in section 7.1 of the DoT guidance on section 56 and schedule 4 of POFA 2012. This refers to the fact that if the t and c of parking are sufficient it will be considered that the driver has entered into a contract to park on the land.
Also see CPS v dorrington, de brunner, Blackburn, rees.
5. It is very much legal for private parking operators to issue and enforce parking charges on private land in Scotland. By virtue of well established Scottish case law, the signage on parking site represents an offer of contractual relations, which is accepted when the driver decides to park on the site. Subsequently, if terms of the contract stated on the signs are not followed, a breach of contract will occur. The loss flowing from the breach of contract takes the form of a parking charge, which should be paid to compensate the aggrieved party. In the case at hand, the breach here was not clearly displaying a valid pay and display ticket.
6. Blah blah, now pay up.


Paragraph 4 seems to be completely irrelevant since it refers to English cases, but paragraph 5 refers to "well established Scottish case law". Does anyone know what case law they are referring to?


Thanks again in advance!


PS I intend to now issue my own itemised invoice to UKPC since they have not accepted my drop hands offer. Invoice will claim for time @ £18/hour to research general parking charge background, specific legislation, writing to local paper, and CAB, further research into legislation and case history brought up by UKPC in this letter, time to write letters of response, and time to blog about this letter. Also travel expenses @ 48p/mile to revisit the retail park to complain to the retailer and photograph the inadequate signage. (I will not claim postal expenses since I also used their appeal website to send the letter)

gertysingh

Yes charge them and be nice to them at all times. They will need to:
1. Prove their loss
2. Prove they have rights to the land

Also see if you can find out who the landowners are and send them an invoice + assertive letter letting them know that the PPC has no clue about encouraging customs of the shops. Let them know what you want from this

Coupon-mad

paragraph 5 refers to "well established Scottish case law". Does anyone know what case law they are referring to?

The only one I can think of was a Scottish Uni v Onifade which is NOT 'case law' and was about a landowner not a PPC and I think debated the word 'fine' quite a lot. Irrelevant!

I intend to now issue my own itemised invoice to UKPC since they have not accepted my drop hands offer. Invoice will claim for time @ £18/hour to research general parking charge background, specific legislation, writing to local paper, and CAB, further research into legislation and case history brought up by UKPC in this letter, time to write letters of response, and time to blog about this letter. Also travel expenses @ 48p/mile to revisit the retail park to complain to the retailer and photograph the inadequate signage.

Good, go for it! You have cancelled the contract and they have replied - and in doing so, UKPC have acknowledged your clear Notice of Cancellation AND your drop hands offer AND your warning of charging them from now on!

Primeau

Many thanks again for the responses. In addition to hitting UKPC with a bill, I also intend to complain to Savills, the landlord at Gallagher retail park.


Here is my draft, comments welcome.






Director and Head of Retail Management
Property Management


Savills Glasgow


Dear Mr ,


I wish to make a formal complaint regarding Savills' use of UK Parking Control Ltd as agents, for the purpose of parking management at Gallagher Retail Park, E Dock Street, Dundee, DD1 3JS. This complaint has been forced upon me due to the unfair practices employed by UK Parking Control at this location.



In my specific case, I visited Gallagher Retail park for the purpose of shopping at TK Maxx on the 24th October. Upon parking, I found that the ticket machine was inoperable, and knowing that the car park was free for the first 2 hours, I proceeded to park and made a purchase at TK Maxx. On my return less than 30 minutes later, I had received what appeared to be a penalty notice stuck to my windscreen. I complained to the parking warden who acknowledged the machine failure, but refused to withdraw the ticket, stating that I must appeal to the company at the address www.ukpcappeals.co.uk. My appeal to the company was rejected, and I was instructed to pay £60 within 14 days, or the charge would rise to £100. This is inherently unfair, based on the fact that I did not overstay in a free car park, and that the ticket machine was faulty.


I wish to acknowledge however, that I support in principle the need for parking control. Inappropriate parking should be curtailed, whether it be the avoidance of paying for a parking space in a pay car park, significantly overstaying, parking in a disabled bay if not disabled, parking dangerously out-with a bay, or causing a blockage or hazard by careless parking. I would have no complaint if I had committed one of these infractions.






However, this is not what UK Parking Control are about. UK Parking Control do not charge for their services and consequently their business model is reliant on the collection of as many parking fines as possible, or Parking Charge Notices as they call them (PCNs). This promotes their behaviour to be one of maximising the issuance of PCNs to the detriment of appropriate parking. Savills may not be aware of this but UK Parking Control rules are set up to trap as many drivers as possible into minor transgressions so that UK Parking Control can collect on the subsequent PCN. UK Parking Control rely on exploiting the psychology of the motorist who may think that it is not important to obtain a ticket for a free car park, especially when late in the evening when the car park is virtually empty and they only intent to pop into a shop for 10 mins. There are documented cases where UKPC attendants will even issue tickets where a valid PD ticket has been obtained by the consumer, and even those appeals are rejected, or “lost in the post”, or offered at a reduced rate of £15. Additionally, UK Parking Control attendants are incentivised to maximise the number of PCNs, with bonuses paid for increasing the number of PCNs issued, which lays bare the company strategy of fleecing the motorist with no regard whatsoever to appropriate parking management.


What makes the situation absolutely unfair is that there is no independent right of appeal. The only recourse is to appeal to UK Parking Control themselves. However, since their business model is one of maximising the number of PCNs issued and their payment, UK Parking Control never grant an appeal. They then mount a campaign of intimidation against the motorist to collect payment, with threats of debt collectors and court action. These tactics are sufficient to ensure the majority of those ticketed pay up. For those motorists that hold out, there is some relief in that UK Parking Control know that their PCNs contravene existing consumer law, so they pull out at the last moment. (See recent cases brought against Dundee drivers as reported in the Dundee Courier) UK Parking Control have never succeeded in a successful prosecution in Scotland. But in the meantime, the motorist has been put through the stress and effort of mounting a defence against unfair intimidation.


As UK Parking Control are acting as agents of Savills, I hold your company responsible for this situation. What's worse, is that I have learned from UK Parking Control sales website, they offer their clients a 10% rebate on the funds collected, so not only are Savills complicit in the unfair extortion of motorists that park in Gallagher Retail Park, Savills are also profiting by taking a share of the loot.


UK Parking Control actions are not going unnoticed. There is a growing groundswell of public opinion against the actions of private parking companies like UK Parking Control that are milking the motorist for their own profit. The Dundee Courier has already this year run investigations into the actions at Gallagher Retail Park, and the negative publicity afforded the retailers will be starting to cause concern.


I shall not be paying UK Parking Control a single penny, and I will be happy to see them in court, although I know that UK Parking Control will not dare risk take it that far because it would expose the fact that their PCNs do not comply with consumer law and are unenforceable. However, I know that many other motorists will continue to be intimidated into paying and I am determined that this practice should stop. I intend to copy this letter to Dundee Trading Standards, to each of the Retailers at GRP, and to the Dundee Courier.


Savills have the power to stop the intimidation and bullying at GRP, and I would ask you to do so immediately. Instruct UK Parking Control that no further PCNs should be issued for parking within the 2 hour free period. No PCNs should be issued for any overstays of less than 20 minutes. Appeals must be granted if there are reasonable mitigating circumstances. Savills must be copied on all rejected appeals, and must approve the rejection. Consumers must be made aware that they have the right to complain to Savills if they are aggrieved by the actions of your agent, UK Parking Control.


I would respectfully request that Savills give my suggestions for reform some serious consideration. It is only a matter of time before this scandal blows up and action is finally taken against these cowboys. Savills have the opportunity now to take proactive action and demonstrate to your clients, the retailers, that you genuinely have the best interests of their customers at heart, by promoting fair and appropriate parking controls.


Yours sincerely,

Coupon-mad

Yep, go for it.

Just as important, invoice UKPC with your costs, and consider going through with a claim. In England & Wales several people have done so and all have been paid.

sercheynee

The other thing in all of this is the massive amount of redevelopment of the waterfront that is going on. If it is all supposed to boost the economy and tourism and all that, then how is having these ridiculous parking situations going to help? It's not exactly a good look for our new revamped city centre is it? Come park here to experience all the delights for a few hours and pay sixty quid for the privilege! I am interested to read your posts as we have had something similar happen to us today (except ticket was issued whilst we were getting our parking ticket). Never shopping there again, what a stressful experience!

Primeau

I agree completely. This is why I am writing to the landlord, and to the retailers. They have to be made aware of the negative experience UKPC is providing for THEIR customers.
I'm not sure if the retailers are even aware of the tactics that UKPC employ - I certainly wasn't until I was caught out.

But can I clarify - you received a charge while you were away getting a ticket ??? Was the car park busy?

This is VERY sneaky. The small print on the sign says "It is important that you have sufficient change available before you park. At busy periods find space first, purchase valid ticket and display inside front windscreen with time and date clearly visible."

Now I know the way their twisted logic works, I guess this means that you have to drive to the ticket machine first, get a ticket, then park in a space!!!

Unbelievable !