Fail to put ticket on dashboard witin 5min (UKPC)

zeljko

Hi,

I have parked the car front of Aldi (Hatfield) and went to take a ticket with my 1y infant child at 12:05h. My wife went to Aldi shop.

Ticket could not be bought from closest “pay and Display” machine.
Ticket need to be bought from opposite side where car was parked. To reach 2nd “pay and Display” machine with infant, I needed 2 minutes. Another 3 minutes was spend waiting in queue. After ticket was bought and went back to car to display a ticket on dashboard fine was already stuck on window.

Parking notice was issue at 12:06 and my ticket was bought at 12:11 13.11.2015. Photographic Evidence was taken between 12:08-12:10 only one minute before I am back.

I took picture of out of order pay and display machine at 12:13 and my wife has Bill from Aldi store from 12:09.
I did not read forum and I made mistake submitting appeal that I am owner of car. I did not relive who is a driver at least.
I called Aldi but they could not help me with UKPC notice.
I am waiting now respond from UKPC.

Here is appeal which I have submitted on-line to UKPC:

Subject: Penalty Parking Charge Notice Appeal

Reference: 1327953XXXXXXX

To Whom It May Concern,

I am appealing the Penalty Parking Charge Notice with the above mentioned reference dated on 13/11/2015 at 12:06.

The PCN 1327953XXXXX alleges that the vehicle XXXX XXX was parked and did not display parking ticket at dashboard.

The driver of Car XXX XXX went to buy a ticket with 1 year infant child. (From Photographic Evidence which UKPC officer took child seat can be seen inside a car).
Ticket could not be bought from closest “pay and Display” machine.
In uploaded evidence you can find a picture that closes “pay and Display” machine was out of order.
Ticket need to be bought from opposite side where car was parked. To reach 2nd “pay and Display” machine with infant, Driver needed 2 minutes. Another 3 minutes was spend waiting in queue. After ticket was bought and went back to car to display a ticket on dashboard fine was already stuck on window.
In uploaded evidence you can find that ticket was bought at 12:11 13.11.2015 and fine was issue 5 min earlier. Photographic Evidence was taken between 12:08-12:10 only one minute Driver was back with infant.
UKPC officer noticed that Penalty Parking Charge was issue unfairly and advise to appeal online because Penalty Parking Charge Notice is in system and he cannot change it.

All the car park owner (CPO) can claim from a driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. Asking for more has been judged to be unreasonable and therefore an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997, which is not legally enforceable. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since..

Yours sincerely,
Zac

zeljko

Any advice before I get UKPC respond?

Marktheshark

Yes march down the supermarket and show the receipt and demand the manager cancels it.
If they say they can not, inform them loudly that actually they are LYING TO YOU.
They have a log in password and can cancel any ticket with one mouse click and this is the instructions of head office to do so in disputes where genuine customers are involved.
If they still refuse, take it up with ALDI head office.

fb1969

Do as Mark suggests - but do not contact UKPC. I believe they are still barred from DVLA access - someone else will confirm, but assuming there are DO NOTHING. They cannot get your details!

Marktheshark

She has jumped the gun and already E-mailed them !
DOH !

fb1969

Serves me right for "speedreading"

Quentin

Although they have the details you still can follow the newbies guide if/when they reject the appeal

zeljko

Thank you all for comment.
I called Aldi customer office today. But they told me that they do not have contract with UKPC only with Parking eye and if I had their ticket they could cancel it if I send proof which I stated in my post at beginning.


Still I will go to Aldi store and talk with manager but I read also someone post that special Aldi in Hatfield do not have connection with UKPC.

The_Deep

I cannot see any judge in the land finding for the PPC, so I would suggest ignoring them from now on, unless of course they are daft enough to go to court.


If it did get to court all of UKPC's little scams could be aired, aggressive ticketing of this nature must be banished from car parks.

nigelbb

fb1969 wrote: »

Do as Mark suggests - but do not contact UKPC. I believe they are still barred from DVLA access - someone else will confirm, but assuming there are DO NOTHING. They cannot get your details!

Marktheshark wrote: »

She has jumped the gun and already E-mailed them !
DOH !

It makes no difference. The OP appealed as the owner of the car & did not out the driver. In order to establish keeper liability as per POFA 2012 UKPC in order to send out a valid NTK must first purchase keeper details from the DVLA. It's irrelevant that they know the identity of the keeper. If the PPC did not get the keeper details from the DVLA then keeper liability does not apply & UKPC are banned from obtaining keeper details from the DVLA. Here is the relevant extract from Schedule 4 of POFA 2012:-

11 (1) The third condition is that:
(a) the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper’s details in relation to the period of parking to which the unpaid parking charges relate;
(b) the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);
(c) the information sought by the application is provided by the Secretary of State to the applicant.
(2) The third condition only applies if the vehicle is a registered vehicle.
(3) In this paragraph “application for the keeper’s details” means an application for the following information to be provided to the applicant by virtue of regulations made under section 22(1)(c) of the Vehicle Excise and Registration Act 1994:
(a) the name of the registered keeper of the vehicle during the period of parking to which the unpaid parking charges relate; and
(b) the address of that person as it appears on the register (or, if that person has ceased to be the registered keeper, as it last appeared on the register).

The_Deep

Indeed, do as Mark says, do not be afraid to cause a scene, nothing embarrasses supermarkets more than loudly bad mouthing staff at crowded check outs.