PCN from UKPC

OldeDevlin

Today my mum received a parking charge for being parked at the Riverside Retail Park for 3 hours and 22 minutes (apparently the allowed time is 3 hours)
Despite the fact that she's registered disabled, and was displaying her blue badges throughout her stay, they've still decided to come after her.
Anyway, they've provided 2 photographs, 1 showing her driving across a zebra crossing (likely within the car park itself) before she'd even had chance to park, the second, 3 hours and 22 minutes later is a photograph in the pitch black of the back of the car with only the numberplate clearly visible (can't even see whether it's parked or being driven).

I read the Newbie FAQ, and was copying the pre-written letter to the UKPC appeals webpage, but it only allows 2000 characters. I'm not sure how to get around it.

So, two questions really...are the circumstances that she's a disabled pensioner with disabled parking badges hold any sway? (I doubt it)

Secondly, how do I get around the 2000 character limit?

Thanks in advance for any and all help

Bobbydazzler

You will need to draft a "Soft Appeal" using the appeal template you already have.

Cut/delete it, but ensure you keep all the main points in (GPEOL,ANPR and so on)

If you have not disclosed who the driver was then DON'T. this will be a valuable point if it reaches POPLA.

Once you have your appeal ready, proof read it and then post it here (leave out any personal details as the PPC's peruse forums) for the regulars to give it the once over.

You may want to complain to the stores your mother was visiting (does she have a receipt?) They have a lot of clout with the PPC and may get it cancelled for her

An then send it off to them, knowing you will not have to pay a penny to these parasites. Even if they reject your initial appeal THEY will have to pay for the POPLA appeal. Its all good news as long as you follow the advice given

OldeDevlin

Thanks for the advice

This is the shortest I can get it without trimming any information I'd be concerned about, and it's 2844 characters...still 844 characters over.
Any idea what I could drop?

4/5/12
I challenge this 'PCN' as keeper of the car, on these main grounds:
a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
f). This is not a 'parking ticket' - it is an unsolicited invoice with as much merit as the publicly-derided £100 taken unlawfully from customers by a dingy Blackpool Hotel.

The purpose of this communication is:
1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.
2. ''Drop hands'' offer
The 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. I have incurred costs for researching the law and responding to your junk mail.. My costs and yours at this point do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs.
3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.
You have failed to meet these requirements.
By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above.
I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.
Yours faithfully,
xxxxxxxxxxxxxxx

The_Deep

Personally, I would not waste 200 characters of this company, they are former clampers and have been taken to court by both Trading Standards and Barrister whom they thought was fair game.

Read this for a giggle

http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/

Primeau

Save the draft as a PDF then send as an attachment.

Make sure that you don't identify or admit who was driving. There is a drop down menu that defaults to 'I am the driver' - make sure you change this option!

OldeDevlin

I managed to trim it down

Yes, I noticed that they try to trick you into the 'driver' option. Thanks for the warning!

SevenTowers

OldeDevlin wrote: »

are the circumstances that she's a disabled pensioner with disabled parking badges hold any sway? (I doubt it)

Stop doubting, the fact she is a disabled person means they are obliged, by law, to make reasonable adjustments - i.e. allow additional time.

UKPC are easily beat at POPLA anyway, just use the standard appeal points. POPLA still don't recognise that the equality act, but UKPC wouldn't dare take this to small claims, even if for some strange reason you lost at POPLA.

OldeDevlin

That's really useful, thank you!