UKCPS parking fine for parking in her parking bay

missy51

Morning. I am not sure how to write letter I have already appealed and been rejected so now have the next letter. My daughters housing estate has parking 'enforced' by UKCPS. She has a sticker for her windscreen and also a spare parking permit. Recently when going to her car in the morning she found a parking ticket with out of marked bay on it. Now as she was parked in her bay at the time I am obviously not going to pay it. There are spare bays around and obviously if she was parked in someone elses bay they would have complained to her. I am not sure how to word the letter having looked through the one on newbies thread. Can someone help please?

ColliesCarer

Please confirm the name of the parking company.
Your title says UKPCS but you refer to UKCPS in your message.

missy51

sorry Its obviously too early UKCPS

ColliesCarer

Ok thanks.

Sounds like an initial appeal was sent in response to the windscreen notice without waiting for the a postal notice to arrive - is that correct?

UKCPS are members of the trade body IPC and 2nd stage appeals go to a supposedly independent body the IAS (Independent Appeals Service) which is thought to be heaviliy biased towards the parking companies with only about 1 in 5 appeals are found in favour of the motorist.

If you decide to appeal it will need to be well written and based on the correct legal arguments - the forum will help you but you will need to draft a starter for 10.

So some research will be needed. I see you've read the sticky thread on page one of this forum which starts "**NEWBIES!! ....." but please have a second read now to familiarise yourself with what those arguments are.

Also read up on UKCPS (use the Search the Forum function using UKCPS as the search term and select search posts to bring up a list of posts by others dealing with this company)

The_Deep

As this is a contractual charge they must account for vat, have they done so? If not read this

http://forums.moneysavingexpert.com/...5437&highlight=

http://forums.moneysavingexpert.com/...7925&highlight=

http://forums.moneysavingexpert.com/...3796&highlight=

Ifyou ask for a vat compliant invoice and they refuse, shop'em.

https://www.gov.uk/government/organi...ng-tax-evasion

I would advise you to appeal. If the IAS refuse the appeal the PPC will almost certainly not go to court as the anonymous Adjudicator's decision will be so legally flawed that they would be most reluctant to let a judge see it.

Also, they may be fiddling vat, and may not wish it to become public knowledge.

If you do appeal state that commercial justification cannot apply as only you can use the space.

Half_way

even if you loose with an ias challenge, it doesent mean you have to pay.


what does the lease/rental agreement for the property say regarding parking?

neil.net

In addition to what has been said, what is your daughter the property owner/leaseholder or a tenant? She should check the regulations of the deed/lease to see what the conditions (if any) of parking are, particularly since this appears to be residential land making a contractual charge - the equivalent of pay and display for a space you have a potential right to.

You mentioned it was for "out of marked bay" but she was in her bay with a permit, was she parked over the lines etc.?

missy51

She is a student tenant and the only thing mentioned about parking was ' here is your parking permit'. I'm not sure the rental agency really understand the parking.

missy51

I realise now I maybe should have been more specific. I was so angry when we received 1st letter I wrote back saying unless they had a photo I wouldnt pay . The PCN seems to say I now have to appeal to IAS. I have no idea how to do this

neil.net

missy51 wrote: »

She is a student tenant and the only thing mentioned about parking was ' here is your parking permit'. I'm not sure the rental agency really understand the parking.

I assuming she has a written tenancy agreement, is there anything in there? Also, the terms of ownership will be relevant so it may be something to take up with the landlord, not necessarily as simple as it sounds, but worth it if there is a solid point for the appeal.

The_Deep

missy51 wrote: »

I realise now I maybe should have been more specific.

It does help

I was so angry when we received 1st letter I wrote back saying unless they had a photo I wouldnt pay .

Do I understand you correctly, if they had a photograph you would have paid? Why?

The PCN seems to say I now have to appeal to IAS. I have no idea how to do this

Have you read the newbies threads? You needtake responsibility for this.