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UKPC Reply to my appeal.

OK, UKPC have replied to my online appeal (which was basically just cut and pasted from the Newbie's thread)

It's a 2 1/2 page reply addressing most of the points raised inc. contract, pre-estimate of loss, parking charges, compensation etc. It quotes a number of cases including Beavis.

In the second paragraph it asks for proof that the driver used the facilities, I would have though the burden of proof is on them to show that he/she did not?

I guess basically I need to know if I should bother to reply to this or wait for POPLA?

Further details available if needed.
:beer:
«13

Comments

  • They should have provided a POPLA code automatically should they not?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Have they not provided a POPLA reference in their reply to your appeal? If not then they've breached the BPA code of practice (again).

    However this should have been added to your original thread. Please send a PM to Crabman and ask him to merge the threads.
  • Umkomaas
    Umkomaas Posts: 43,774 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No POPLA code? Complain to the BPA and DVLA (with copies of correspondence received from them) - addresses in post #6 of newbies sticky.

    If you do have receipts from shopping on the day - that could kill it off quickly (and expose them to the possibility they have hidden terms in their 'contract' shown on signage).

    Have you complained to the retailer - can often be the very quickest and surest way to get this fixed?
    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
  • bod1467 wrote: »
    Have they not provided a POPLA reference in their reply to your appeal? If not then they've breached the BPA code of practice (again).

    However this should have been (link removed) Please send a PM to Crabman and ask him to merge the threads.
    That's not my thread?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Apologies ... I just looked at your previous posts and thought that thread was yours. THIS was your previous thread, although I'm not sure your question now is relevant for there.

    Follow Umkomaas' advice above.
  • Umkomaas wrote: »
    No POPLA code? Complain to the BPA and DVLA (with copies of correspondence received from them) - addresses in post #6 of newbies sticky.

    If you do have receipts from shopping on the day - that could kill it off quickly (and expose them to the possibility they have hidden terms in their 'contract' shown on signage).

    Have you complained to the retailer - can often be the very quickest and surest way to get this fixed?
    There's no POPLA code as it's not a rejection of my appeal I guess?
    I have contacted two of the retailers at the site, Maplins and Staples, both were unhelpful.
    It doesn't state on the signage that you have to purchase something in order to use the free parking, just that you must not leave the site. I'm not sure they have any evidence to prove the driver did this?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Was the original PCN issued for "driver leaving site"? But this is all moot anyway - just follow the advice above. Nothing more needs to said at this stage.
  • Gunscrossed
    Gunscrossed Posts: 15 Forumite
    edited 28 October 2015 at 11:56AM
    bod1467 wrote: »
    Was the original PCN issued for "driver leaving site"? But this is all moot anyway - just follow the advice above. Nothing more needs to said at this stage.
    Very difficult to read the ticket but yes, I think so.

    What you can read though is that the date "first seen" is the day after the "Issue Time"/date?

    So to confirm the advice so far is;
    "No POPLA code? Complain to the BPA and DVLA (with copies of correspondence received from them) - addresses in post #6 of newbies sticky". - Even though they haven't rejected my appeal at this stage?
    "If you do have receipts from shopping on the day - that could kill it off quickly (and expose them to the possibility they have hidden terms in their 'contract' shown on signage)." - Did this, no joy (didn't have receipts)
    "Nothing more needs to said at this stage." - So don't bother replying and wait for POPLA?
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Very difficult to read the ticket but yes, I think so.

    What you can read though is that the date "first seen" is the day after the "Issue Time"/date?

    So to confirm the advice so far is;
    "No POPLA code? Complain to the BPA and DVLA (with copies of correspondence received from them) - addresses in post #6 of newbies sticky". - Even though they haven't rejected my appeal at this stage?
    "If you do have receipts from shopping on the day - that could kill it off quickly (and expose them to the possibility they have hidden terms in their 'contract' shown on signage)." - Did this, no joy (didn't have receipts)
    "Nothing more needs to said at this stage." - So don't bother replying and wait for POPLA?


    Do this. You have appealed and they have asked for more info instead of cancelling or giving you a PoPLA code. They must do one or the other to meet the requirements of the BPA CoP, not fish for more info in the hope that you will give away the driver's details.


    Then wait for the BPA to tell the PPC to cancel or give you a PoPLA code. Do not contact the PPC again.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Many thanks, should I state the parking charge reference number?
    And is it OK to complain by email?
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