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UKPS - PCN - "parked whilst not on premises"

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DaveyJones
DaveyJones Posts: 19 Forumite
edited 25 October 2015 at 2:34PM in Parking tickets, fines & parking
Hello

Firstly i would like to apologies, i know there is a lot of information on this site but i get confused very easy.

The driver was parked in a private road which houses 2 companies. One company owns the land and the other (which the driver was a patron of) has right of way. The driver left the premises to go to the cash point in order to pay for the goods from the "right of way" company. driver was Given £100 PCN, £60 in first 14 days by UKPS.

UKPS have a camera system set up where they monitor all day long giving out tickets within minutes to people. They are hired by the landowner as their main income (they going down hill). The driver was given a ticket stating "parked without being on the premises"

I would like to stress that all drivers are regular customers to the "right of way" company for the past 8 years.


I understand that these PCN do not have to be paid and can be, after a lot of stress and bother , be voided or cancelled but is there a faster option?

My questions:

The driver has receipts of purchase from the "right of way" company and was given permission to get the outstanding balance from the cash machine located outside of the premises - Does this make the PCN invalid or does it still stand as free parking only available if a person is on the premises?

Can the driver send an appeal asap with proof of purchases and regular patronage to the "right of way" company or do you think this will be ignored if the landowner is using this trap as the main income?

The ticket is a warning notice to the driver with cctv footage but the cars registered keeper doesn't want the hassle of confusing formal letters.

Any help is much appreciated!
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Comments

  • DaveyJones
    DaveyJones Posts: 19 Forumite
    Hello again,


    After reading the parkingcowboys website it says:


    Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.


    - The date the time the notice was issued

    The windscreen ticket was issued with a date, location and reason BUT with no time, the time "box" was left blank. Does this mean this ticket does not comply with the PoFA and therefor not valid?
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Get the right of way company to put pressure on the landowner to get the ticket quashed whilst going through a forum style appeal to the PPC in parallel.
  • DaveyJones
    DaveyJones Posts: 19 Forumite
    The right of way company has already stated that the owner of the landis making no money from his company and the main source of income is from the PCN's. There is no way the landowner will give in, its a very well thought out scam in a heavy footfall area.


    UKPS only take appeals via postage, no e-mails forums or telephones :(
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    the pcn is just an invoice, there are no "regulations" and if you had read the newbies sticky thread you would know that companies dont have to follow POFA 2012 so many dont

    there is no "easy get out" once they decide to send you a parking charge invoice and they have 6 years to enforce it under small claims court (MCOL)

    the NEWBIES thread tells you how to appeal it, plus you have to decide on many aspects like are the ppc in an ATA , which appeals process do they use etc

    if you think you can void the invoice on a "technicality" then think again, otherwise everyone would be doing it

    you will have to appeal by post using the template letter, according to your last post, so get a free certificate of posting at the P.O. when sending it off
  • DaveyJones
    DaveyJones Posts: 19 Forumite
    Hi Redx,


    Thanks for your reply. I guess my wishful thinking got the better of me.


    Im not sure what you mean by ATA. I know UKPS, according to their website if they refuse an appeal they will give details for popla with a ref. etc.




    A question to you if you don't mind.


    Do you think its a bad idea to appeal as the registered keeper before they send me a letter? In the back of my mind I keep thinking if I appeal letting them know drivers of this car are all regular costumers to the "right of way" company located on this land it would all wash off. Then again it says free parking whilst on premises and I guess they will say I left regardless of the reason?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 31 July 2015 at 9:19PM
    Accredited Trade Association , ie:- BPA or IPC

    for UKPS , its the IPC , that use the kangaroo court known as the IAS , not popla , and it clearly states the IPC on their website, cant see anything about popla, just the IPC which they joined in 2013

    so you better strap in for the long haul as UKPS will turn down the appeal and its extremely likely that the IAS will do so too, meaning 6 years of debt collector letters and stress , possibly court too

    if you had done some research on pranksters website you would know that they refuse the NTK now and expect the driver or keeper to appeal within 21 days

    you need to get up to speed about the IPC and their kangaroo court system, its all against the motorist

    earlier you said this statement
    I understand that these PCN do not have to be paid and can be, after a lot of stress and bother , be voided or cancelled
    what makes you say that ?

    if this were true , why has Barry Beavis been to court 3 times in front of 11 judges trying to prove it ? in the meantime he had to pay the judgment plus costs when the initial court found against him and its only a week ago he was in the Supreme Court in London

    up and down the land people lose in court, as well as win in court, so I dont think your statement holds any substance , sorry

    the fact is, that each case is decided on its own merits and the PPC has 6 years to try to prove they have a case to a judge, its the judge who decided if its upheld or not , and after 2.5 years Barry is still waiting for a final decision and wont know until say october

    there are no easy getouts, this isnt like Nick Freeman territory (mr loophole) - sorry to say :)

    good luck to your "friend" , the PPC just want their pound of flesh, they wont be interested in any mitigation or stories as they cannot buy new jags unless they make people like you or your friend pay up , its what they do, its not about parking, its highway robbery , modern day style
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Appeal to I.A.S. If they refuse your appeal ignore, unless they take you to court where you can show the judge their anonymous travesty of an adjudication.

    Read this

    http://parking-prankster.blogspot.co.uk/2015/07/popla-2015-report.html
    You never know how far you can go until you go too far.
  • DaveyJones
    DaveyJones Posts: 19 Forumite
    ukparkingsolutions


    UKPS - UK parking solutions.


    British Parking Association and Safe Contractor Approved
    TR LUCKINS LIMITED trading as UK Parking Solutions


    If we reject your appeal, we will give you the contact details for Parking on Private Land Appeals (POPLA) – the Independent Appeals Service and a unique appeal reference. POPLA will not accept your appeal if you have not appealed to us in the first instance.




    As I have stated at the very beginning this is very confusing for me. I am a honest and quiet person, this maybe my first "harsh world" eye opener.


    I guess im being too naïve to think a company can actually see a genuine person and see this is a misunderstanding and stop this whole parade.




    With the information I have posted about this company UKPS is it still feasible to use the newbie guide and popla, will having invoices and pictures of signs saying this private road is for the company customers give a good chance of appeal even though the driver left the premises to obtain money to pay for the goods?
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @OP - please confirm your PCN is from T R Luckins (T/A UKPS) as opposed to UKPS (North West) Ltd.

    There's a significant difference in likely outcome - the former is manageable via POPLA, the latter is not.

    But you need to carefully read your PCN and give us the correct information please.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • DaveyJones
    DaveyJones Posts: 19 Forumite
    Ok sorry, I didn't know there was 2 different ones.


    The following is on the back of the PCN.


    T R Luckins limited trading as UK parking solutions whose registered office is Carlton house, high street, higham ferrers Northamptonshire NN10 8BW


    Registered in England and wales as a limited company Registration no 8197879
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