PCN with incorrect car park name/address

Parkie

Hello everyone, newbie here
I've probably done my usual trick of acting hastily but didn't come across this forum until today. I've read all the does & don't for newbies & taken on board what I should have done but it's a bit late as I've already appealed so just asking for thoughts really
I dumped my car straddling the bay markings, in a maximum 20% occupied car park, outside KFC on a retail park to get a takeaway for my son & when I returned there was the ominous envelope stuck to the windscreen. Fair cop I thought, although I was only there for 5 minutes tops, I was parked incorrectly. When I got home, I logged onto UKPC website as the ticket said. looking for further instructions & its here I noticed the ticket actually said the car was in a completely different car park on the other side of town. I've since noticed UKPC operate in both so the attendant must have come from the other one & not changed the address on his handheld. The pictures clearly show my car standing nearly alone, parked like a t@@t, just not the car park stated on the ticket
I've lodged an appeal on UKPC website stating the following
Dear Sir or Madam
As the registered keeper of the above vehicle, you issued a parking ticket on 21st August 2015 which I believe to be unlawful. I will not name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:
• The alleged contravention did not occur
The vehicle was not parked inappropriately at the place stated on the ticket.
This is due to the fact the vehicle was not at XXXXXX.
Please review the pictures of the vehicle on your website as proof of my claim
• The vehicle was not parked on the land in question
You issued a ticket for supposedly breaking your parking restrictions at XXXXXX yet the vehicle was actually parked elsewhere. Please review the pictures of the vehicle on your website as proof of my claim
If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter
Can UKPC re-issue the ticket now I've appealed stating the wrong address or does it make, as I'm hoping, the original ticket null & void
I look forward to everyone's collective wisdom!
Many thanks
Parkie

DandelionPatrol

Unfortunately, you may have shot yourself in the foot, because you have gone a fair way to dobbing yourself in!

The fact that their evidence shows the car in a different car park would be a fairly complete defence if ever it went to court. So you would not need to engage more than minimally in the parking outfit's processes and just let it go to court if need be.

So if I had been in that situation, I would have done my research first to see how long they had to raise a parking complaint against me and then I would have left making any kind of appeal until after that date.

As it is now, you may have given them an opportunity to have a 2nd pop at you.

Parkie

Thanks for the quick reply. I did research the best thing to do, just didn't find anything as comprehensive as this website until today. Nevermind eh, heyho
Are you saying they are entitled to re-issue the ticket after the event even though I have a hard copy clearly stating a different car park?
Think I'll also have a rant to the manager at KFC as I've no intention of ever purchasing their greasy, fatty excuse for food again. £100 for 5 mins to place an order in a nearly empty car park works out at £2000ph which is a trifle excessive!
Cheers

DandelionPatrol

Parkie wrote: »

Are you saying they are entitled to re-issue the ticket after the event even though I have a hard copy clearly stating a different car park?

No idea. Sure, it must be tempting to stick it to them, but I would not be giving them the opportunity.

Parkie

Just had a random thought.
I know I was parked in a UKPC controlled car park but all I've told them is it's not the one on the ticket which the pictures demonstrate (car park on ticket is a cinema complex & background to these are houses)
One of the pictures shows a UKPC sign but it's far too blurred to make anything out other than their logo. I would have thought they will have to find out which car park it is before being able to send a second updated ticket. Here's hoping :undecided

Umkomaas

They will no doubt reject your 'appeal' and should issue you with a POPLA code. If you get that, it will be a second stage appeal to POPLA (but under the brand new arrangements with the Ombudsman Service Ltd).

Don't fail to do your research this time about how to put together a POPLA appeal - you will have plenty of opportunity as there will be an extended break in adjudicating appeals, between the transfer of the POPLA service from London Councils to the Ombudsman Service. Just let us know if you get that POPLA code.

If you don't get the POPLA code, then you will need to involve the DVLA and BPA with a formal complaint, which might just see the PPC's cage being rattled sufficiently to get this dropped - but we can't guarantee this possible outcome.

The best way to kill it off at this stage is to complain loudly and assertively (but politely) to KFC. If they've contracted the PPC, they have the capability of getting this cancelled. A genuine customer of a retail outlet should never be penalised, via petty rules, for spending hard earned money with the retailer. That must be one of the first principles of 'doing business'. Remind them that should this harassment continue, neither you, your family, nor as many of your friends who you can persuade will ever frequent a (fat, calorie and cholesterol overloaded) KFC outlet again. Has your son seen his Doctor lately? :rotfl:

If they're happy for a PPC to screw a £100 out of you and risk the potential of thousands of pounds worth of business being lost, they really don't deserve to be in business!

Let us know how you get on, and we'll give you further advice if necessary.

HTH

Fruitcake

Parkie wrote: »

Thanks for the quick reply. I did research the best thing to do, just didn't find anything as comprehensive as this website until today. Nevermind eh, heyho
Are you saying they are entitled to re-issue the ticket after the event even though I have a hard copy clearly stating a different car park?
Think I'll also have a rant to the manager at KFC as I've no intention of ever purchasing their greasy, fatty excuse for food again. £100 for 5 mins to place an order in a nearly empty car park works out at £2000ph which is a trifle excessive!
Cheers

That's the way to do it. If the KFC manager won't get this cancelled, contact KFC CEO, local press, Fakebook, [EMAIL="Tw@tter"]Tw@tter[/EMAIL], local commercevisiter centre and anyone else who will listen that paying customers are being scammed and discouraged from visiting this fair town

Parkie

Morning all
A quick sit rep of where we are at the moment
I drafted the tirade to KFC yesterday ready to post today. Whilst dropping wifey at work this morning, I thought it prudent to stop at the car park where the vehicle was parked & take pictures of all the signs (they clearly say you must park within the bays although I'd question the height of the signs & font size as pushing the limit of being reasonable). However, whilst doing this, I thought to hold off sending the letter to KFC as my dialogue so far with UKPC does not say where my car actually was, only it was not in the car park on the ticket. No doubt UKPC control other car parks with KFCs but in the slight off chance the manager contacted them about my letter it would be slam dunk in letting them know which car park it was
I think next steps to be wait the 14 days to have the appeal acknowledged then see if a NTK arrives within the correct time period & then check to see if they got the NTK details from the DLVA as per procedure, or just used my appeal which notified them I was the keeper
Crap, I hate all this hanging about. I just want to get things done!,,:rotfl::rotfl:

The_Deep

No hurry OP, you have to give them time to hang themselves. Do you know if the "wrong" car park has a KFC? If not you have them by the short and curlies.

Parkie

The car park on the ticket most definitely doesn't have a KFC. It's a cinema complex on the other side of town with the usual suspects of Odeon, Nandos, Wagamama etc.
The car park where the upmarket eatery that is KFC that I chose to furnish my sons greasy finger desires in is the only one I'm aware of around here:shhh:

Parkie

Okay, playing with words here which I guess is the whole point of this game
I've read, re-read the sign from top to bottom & it states
"Failure to comply with the following at any time will result in a £100 Parking Charge (reduced to £60 if paid within 14 days) being issued to the vehicles driver"
Followed by
"In the event that a Parking Charge remains unpaid, UK Parking Control Ltd may contact the the DVLA & request the Registered Keepers details"
&
"Unpaid Parking Charges will be passed to our debt recovery agent at which point an additional £60 charge will apply"
All of this we know & there's the usual fluff & chuff about anyone even thinking about parking is the spawn of the devil, should be flogged to within an inch of their life & are totally responsible for ice caps melting & polar bears dying. However, I can't find anywhere it states they have the right to either amend a pre-issued ticket & send to the keeper or issue a new ticket by post straight to the keeper with the correct information. So if they start to pursue me as the keeper, I would suggest I have not entered into a valid contract stated in their T&Cs
Based on this, I'm assuming my hasty appeal, identifying me as the keeper is totally irrelevant as they still don't know who the driver is (or the car park for that matter) so can't issue a correct ticket to the driver
Actually feel a little guilty (:rotfl:) as the parking was in the wrong, but hey, if I can get one over the Parking Stasi then so be it
Also, just realised, I've got far too much time on my hands at the moment........:laugh::laugh::j
Parkie