UKPC Ltd at riverside retail park. POPLA help please?!

matt_25

Hi all, i was new to the area and completely unaware that there was a time limit on the car park of riverside retail park especially if you are using the retail parks facilities and considering its a free car park. Anyway i soon realised i was wrong when i received an invoice from UKPC informing me i had broken a contract and was due to pay £100. I responded with an appeal letter formulated from help i found on MSE forums, although i was only allowed 2000 characters to do so. Here was my response:

"I appeal this 'PCN' as keeper of the car on the grounds:


a) The sum does not represent a genuine pre-estimate of loss to your company or the landowner, nor is it a core price term. It is a disguised penalty and not commercially justified.
b) Your signage does not comply with the BPA Code of Practice, and is not sufficiently prominent to create a contract. 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. In addition, the BPA CoP contains the following:
''21 Automatic number plate recognition(ANPR)
21.1 You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for’’
However no signs at riverside retail park warrington, as seen in the supporting picture, warns about the usage of ANPR system. Your signs therefore do not comply with part 21.1 of the BPA code of practice. Also the signs do not comply with para 18.7 as both contact numbers are premium-rate numbers charged at 10p per min.

c) There is no evidence that you have any proprietary interest in the land. You are not the landowner and don’t have the capacity to offer contracts or bring a claim for trespass

d) Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations

e) There was no contract with UKPC - ref. the case ParkingEye v Green (08/05/2014 High Wycombe) where it was ruled there could be no contract in a free car park as there was no consideration from the motorist. There was no consideration nor acceptance flowing from both parties and any contract with myself or the driver is denied

Please notify me that the charge is cancelled or send me a POPLA code and suspend any collection activity.
"

UKPC replied with an automatic refusal of my appeal. However i believe in the reasoning they give refuting my appeal, they are blatantly staying how in the wrong they are. Such as using cost incurred in pursuing me as part of their GPEOL calculation, and also stating their signage is BPA compliant despite pictures clearly showing it is not. Here is my supporting picture, and their refusal letter:

i1072.photobucket.com/albums/w362/matt_2512/IMG_1713_zpsqd71b2xh.jpg
i1072.photobucket.com/albums/w362/matt_2512/IMG_1713_zpsqd71b2xh.jpg
i1072.photobucket.com/albums/w362/matt_2512/Parking%20sign_zpsqhkgscyd.jpg
i1072.photobucket.com/albums/w362/matt_2512/Parking%20sign_zpsqhkgscyd.jpg

Not sure if i've uploaded them right but hope so. Anyway i just wondered if there is anything specific i should add in to my POPLA appeal and any advice on how much detail to put in. Are there certain points i should concentrate more on? Thanks for any advice you have guys, also, i am right to think i have a case arn't i?? Cheers
I'll post a first draft of my appeal on here shortly.

Redx

you can look at popla appeal examples from the link in post #3 of the NEWBIES sticky thread

that NEWBIES thread covers everything to do with popla appeals etc so nobody is going to give you bespoke advice for free , its a paid for service

by all means do your own research and draft up an appeal and post it for critique , bearing in mind the regulars have seen all the guff posted out by the parking companies such that its boring and we dont really care what they say at all

your appeal will be based on the best popla appeals drafted by previous members appeals, where ist all been said and its copy - paste - tweak, proof read , hone for yourself and submit

so people here may help you by reading what you put on here , but they wont spend hours going through it all for you from start to finish , not for free in their spare time (its time consuming as I have prepared a few myself)

just thought you should know , so you dont expect too much before you put your draft up