UKPC - NtK

MummyHen

Hi my son received NtK - ticket wasn't on window on the morning the ticket was issued (05:26 in the morning). we are going to appeal as they are asking for £100 the parking is free. Hewas in a visitors bay displaying a visitors ticket as all the designated spaces for commercial vehicles were occupied. I am going to send the following - can someone advise me if its the correct letter to send

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This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in thecurrentBPA Ltd AOS Code of Practice B.22

On 18th December 2014 I was the registered keeper of a Mercedes Vito van registration number (reg number).

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim
Please explain on which of the following grounds your claim is based:
(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum

2. Your loss
If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.

3. Your status – the creditor
Your Parking Charge Notice - Notice to Keeper simply mentions UKPC Ltd. Please tell me who is the actual creditor making this £100.00 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises
Please tell me who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)
Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.
If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

7. Summary
I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.

If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

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the estate is a private new build estate in semi rural area in the middle of nowhere - all the roads on the estate are double yellow lines and there's no other roads for some distance
Any help will be appreciated
thanks

Umkomaas

Where did you get the above appeal template from? Parking Cowboys website?

The PPC won't answer all those questions - and they won't accept it as an appeal and will drag this out with the danger they will say you haven't appealed within their timescales.

You could use the one in the NEWBIES FAQ sticky from this forum. The PPC will know then that you are being guided by the forum and may think twice about taking any liberties with you.

MummyHen

Umkomaas thanks for replying - its all confusing so much to read and take in; this is the first time we have had to challenge.
I have done as you suggested and will use this

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I challenge this 'PCN' as keeper of the vehicle, 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.

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media, as appropriate. Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA may offer sound-bites about driving up standards or fight for motorists' rights but in reality they are not a regulator; they merely exist to represent the interests of paying members, in order to gain access to DVLA data. The public have no faith in the private parking industry and, as far as I have seen, your firm has shown its self not to be any different than the ex-clampers with whom you share a membership.

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 extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your junk mail dressed up to impersonate a parking ticket. It is clear that 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. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

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. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully

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Its a free car park for residents, the estate is in a rural location; no shops, no train station so why do they have these draconian parking restrictions; so how do they justify £100
the part about no commercial vehicles is so annoying - surely this is a restriction on trade.
I do have a question about the signage - are there any rules around what is should say, how high, size etc
thanks again

bod1467

They don't care about rights, wrongs or morality - they are scumsters and just want peoples' money.

You can delete everything from (and including) "The purpose of this communication is:" if you wish - the "rant" part is usually ignored by a PPC anyway (or they respond to reject the offered terms).

MummyHen

Hi can someone just case their eye over post #3 and let me know if its looks ok to send off to UKPC
thanks

Umkomaas

If you've lifted it completely from the NEWBIES FAQS sticky then it's obviously good to go - the sticky is up to date.

If you've amended/added to it, you'd best point those bits out to us.

The_Deep

All a bit of a rant. I would delete everything after 1(e).

Marktheshark

In my opinion Always head up any appeal with :
Served Notice of keeper appeal to parking charge under POFA 2012.
Just to make sure any excuse they have to not count it as an appeal is clarified.