UKPC £8k+ if I lose POPLA appeal?

Auntiemogs

This is my first post, so I'm sorry if I've missed something in the rules and please delete if so...
I'm appealing to POPLA with regard to an invoice I received last November at the Docksid Retail Outlet, Gillingham.

I'm appealing on the following grounds:-

1. I forgot to display my Blue Badge, but despite sending UKPC a copy of it, they still want to charge me for parking in a disabled bay in a free car park;

2. Charges are excessive (since it is a free car park);

3. That the signage does not comply with the BPA guidelines w.r.t. disabled motorists.

UKPC have entered evidence to POPLA that should I lose my appeal (and have to go to court), they may claim over £8k in losses. I was just wondering if this was the 'usual' amount that they estimate or if they're just trying to cause me as much stress as possible?

Many thanks,

Mags

enfield_freddy

Auntiemogs wrote: »

This is my first post, so I'm sorry if I've missed something in the rules and please delete if so...
I'm appealing to POPLA with regard to an invoice I received last November at the Docksid Retail Outlet, Gillingham.

I'm appealing on the following grounds:-

1. I forgot to display my Blue Badge, but despite sending UKPC a copy of it, they still want to charge me for parking in a disabled bay in a free car park;

2. Charges are excessive (since it is a free car park);

3. That the signage does not comply with the BPA guidelines w.r.t. disabled motorists.

UKPC have entered evidence to POPLA that should I lose my appeal (and have to go to court), they may claim over £8k in losses. I was just wondering if this was the 'usual' amount that they estimate or if they're just trying to cause me as much stress as possible?

Many thanks,

Mags

yes they are trying to frighten you




the results of a POPLa appeal are not binding on you , but they are on UKPC , IF you loose , IF you don,t pay them , and IF they took you to court , they would be in front of a proper judge who would laugh at there costs schedule ,


IF you lost in court , costs would be closer to parking charge + about £25 court costs , + about £90 solisitors costs


long way to go , and they are threatening you via POPLa?

Captain_Krunch

It would be interesting to see how theyre going to claim £8k when they don't go near the inside of a court room.

4consumerrights

Auntiemogs wrote: »

UKPC have entered evidence to POPLA that should I lose my appeal (and have to go to court), they may claim over £8k in losses. I was just wondering if this was the 'usual' amount that they estimate or if they're just trying to cause me as much stress as possible?

Many thanks,

Mags

No - that figure is in their table for largest "conceivable" losses which they are trying to manufacture and dress up and justification for their charges.

You will need to do a full rebuttal of their evidence pack paying particular attention to their table of "losses"
- many of them are not applicable as they are double layered and relate to the appeals process and thus do not flow from any alleged breach.

I do find it mildly amusing how their figures change so much and in their rejection letter they are still including costs for their staff, wages, IT and any legal costs for any future legal cases...

Have they supplied you with a copy of the landowner contract or witness statement - as this is an important point to rebut.


I note also that you are covered by the Equality Act and therefore you should bring this to the Assessor's attention especially pointing out that

a) the blue badge scheme is not recognised on private land
b) the requirement to provide suitable parking bays for those covered by the Equality Act is a legal obligation by the landowner.
c) UKPC parking attendants do not have any legal rights to inspect vehicles for any display of such badges
d) This is a form of both direct, indirect and discrimination by association.

4consumerrights

Captain_Krunch wrote: »

It would be interesting to see how theyre going to claim £8k when they don't go near the inside of a court room.

Not quite true any more - UKPC have issued a couple of court claims - although they tend to issue these where multiple tickets have been issued and they seem to target those incurred where they live. At least one court claim has been booted out.

Half_way

what happened when you got in touch with the car park owner that has let the ppc onto their land?

The_Deep

Clearly you need to take this to your local Trading Standards Officer and your MP. but you must write to them, telephoning will not cut it. Also, write to your local paper.

UKPC are very much court averse, read this,

https://forums.moneysavingexpert.com/discussion/4819453

and this

http://forums.pepipoo.com/index.php?showtopic=63597

Should they take you to court, and you have acted reasonably, and they win, (highly unlikely), the most you would be liable for is about £250.

But how can they win, how has your failure to display your BB cost them more than a tenner?

Should it ever come to a court claim, ask for ADR and offer a tenner, or fight it. However, if you decide on the latter you will need to inform yourself of the law and the m.o. of PPCs.

fisherjim

Unfortunately UKPC are just scum that pray on vulnerable people, and they also tell lies, you have more chance of winning the lottery than ending up paying them this ridiculous sum.

The_Slithy_Tove

The_Deep wrote: »

Clearly you need to take this to your local Trading Standards Officer and your MP. but you must write to them, telephoning will not cut it. Also, write to your local paper.

Making threats of £8k in costs is definitely an Aggressive Business Practice, and therefore illegal. That's why TS should be involved.

enfield_freddy

however the threat of "upto" 8k costs has only been mentioned in a reply to an independent tribunal .


I phoned my local garage up once to say my car was broken , and asked how much to fix it , he replied "upto 12k"


however when he looked at it (the evidence) it was actually £85


I agree this is a sad and sorded way of abuse by UKPC , however the OP has said "may claim" , and on the POPLa paperwork it is probably worded "could exceed"


but there again , it "could not exceed" , if it went to a small claims court.

ManxRed

As touched on by Half_Way, have you been in contact with the landowner yet? There are possible Equality Act implications for the landowner as a result of the aggressive pursuit of this by their agent, UKPC.