UKPC Forbury Retail Park PCC- Seen leaving Site

scrubs765

Today I was shopping in the Forbury Retail Park which is split between two car parks. The site as a whole however, is all part of Forbury Retail Park. I parked in one site but crossed over to the other to go to Decathlon. When I returned to my car I had a PPC which claimed I had been Seen Leaving the Site. Having done some research I plan on taking the following actions and wanted some advice. I firstly plan to send an appeal letter to UKPC which I have drafted below. If anyone has any suggestions it would be hugely appreciated.


To Whom It May Concern

Ticket number: ******
Vehicle registration number: *******

I am challenging this parking charge notice for the following reasons :

· Failure to mitigate
Your parking notice states that your operative saw the driver leaving the car park in question, however, UKPC have failed to mitigate their losses by failing to pre-warn the driver of any consequences of leaving site.

· The driver was a genuine customer of the Forbury Retail Park
I enclose 2 receipts from Decathlon, a shop situated in the Forbury Retail Park, as proof of custom. The driver went directly from their car to Decathlon, spending 25 minutes in the shop before making a purchase. They did not leave therefore, leave the site at any time.

I require that the parking notice is cancelled.

If I am forced to refer to matter to POPLA, I will request that your company produces its contract with the land-owner

I will dispute any items in your pre-estimate of loss that are not a direct result of the alleged parking incident

Sincerely

.....

Should I ask for evidence? Or should I ask them to hold the charge of £60 instead of £100 during this period? These are things some people have said in forums but I don't know if they are necessary?

I also plan on sending a letter of complaint both to Decathlon and the Forbury Retail Park itself which in summary, will state that I was wrongfully threatened with a PPC, I was a genuine customer, the Retail Park and Decathlon both have an obligation to ensure I am not wrongfully threatened with such charges, and that they will lose my custom in the future if they do not act and aid me in cancelling this charge from UKPC.

Lastly, should I send the first letter to UKPC now or only after they send the official Notice of Charges to the owners home address? Please no advice on ignoring the letters and PPC completely as this seems to be outdated advice. Thanks so much for your help in advance!

Northlakes

Read and read again the NEWBIES thread.

First port of call is the retailer who can cancel these tickets. The PPC just wants your money so won't listen to any excuses.

So retailer first, soft appeal to PPC and then win at POPLA if it gets that far.

I should add that I'm particularly keen on encouraging shoppers to complain at the retail sites. It gives them some grief for indirectly employing these clowns!

There was a particularly interesting thread a few days back in a similar incident where the shopper had gone to get some money at the bank to spend at these shops and got a PCN!

scrubs765

Ok, and a soft appeal might look something like this?

To Whom It May Concern

I refer to PCN xxxxx. I am the registered keeper and am appealing this charge.

Please therefore send me the POPLA code to which I'm entitled.

At POPLA I'll be asking for strict proof of your contract with the landowner and genuine pre-estimate of losses. I therefore understand completely should you decide to cancel this now.

I will consider any letter harrassment if it does not either a) cancel this charge or b) contain a POPLA code.

Yours etc.

Redx

the soft appeal is actually in post #1 of the NEWBIES sticky thread (but remove the rant paragraph , leave the rest in)

as for appealing, you should be waiting for the NTK to arrive in 29 to 56 days time, so clearly you didnt read that part either

then you send the soft appeal in as KEEPER , in response to this NTK (not the windscreen ticket)

this assumes you are not hiring/leasing/company car the vehicle , otherwise the recipient then appeals after 21 days to the windscreen ticket

yes you should complain to the shops or managing agent or landowners, but maybe after an NTK arrives

dont jump the gun if you can avoid it

re-read the newbies sticky thread until it all sinks in, dont be in a rush like you are now, slowly , slowly catchee monkee

no you should not be asking questions, they want you to do this so it all "times out", making your job much harder

scrubs765

Ok thanks very much. I will wait for the NTK then and re read the thread again.

Umkomaas

And here's something else to read. This case has been pivotal in some of the challenges made to PPCs on 'mitigation of losses'.

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

You should give it a read; not only will it give you some points to think about when challenging this, should, in the unlikely event of your charge ever reaching a county court, provide some key points for your defence, above all these it's very amusing as a Judge makes mincemeat of a PPC and their lady lawyer.

And you'll learn what a Judge means about returning to court with a toothbrush.

scrubs765

Haha brilliant. Thanks for the link.