Unfair PCN

camm79

Good Evening,

I am new to this site and to the forum.

I received a PCN whilst parked at a shared car park in Hull. The car park serves Staples, American Golf and Maplin.

I parked here as I wanted to look in maplins although I did not make a purchase so no receipt unfortunately.

The ticket states that I left the site, which I did to use the cash point prior to visiting maplins.

I have read the newbies thread as well as some of the others but wanted to clarify my best course of action as I am suffering from information overload looking at the numerous scenarios

My car is a company car and as such I am not the registered keeper.

The company issuing the ticket are ukcps and their website advises that they are IPC and BPA members.

I have yet to complain to maplins but will do so by email tonight. How should this be worded? Should I email as the driver or car owner?

I also note that I need to appeal to ukcps asap using the following letter:


Dear!{name of IPC member, only IPC members for this version!!!}

Re PCN number:!

I am not ignoring your charge for a purported parking infraction. As this is purely a charge (not a statutory penalty) issued under a purported contract and the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company for the provision of their services? I require their contact details.
2. What is the full legal identity of the landowner?
3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority to both issue parking charges and litigate in your own name.
4. Is your charge based on damages for breach of contract? Answer yes or no.!
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.!
8. Please provide a copy of the signs that purportedly were on site which you contend formed a contract with the driver on that occasion.

If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.!

In my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to those, so to involve another firm would be a failure to mitigate your alleged loss. In any case, the addition of any debt collector 'costs' is not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

Yours faithfully,


Is there anything else I should do other than contact the car leasing company?

Any assistance would be greatly appreciated and thank you in advance.

Redx

sems you have a good grasp of the situation so far , but ignore the BPA side, its all IPC now and has been for 18 months

pcn,s like this are always unfair, but that doesnt make them invalid, so stick to the advice in that NEWBIES sticky thread, its valuable and up to date

camm79

The forum and content is excellent. I just don't want to give up too much or too little info to maplins/ukcps

Coupon-mad

Not sure UKCPS' small claims (which are not prolific like ParkingEye) have ever included a 'driver left the site' case.

Probably because it's speculative drivel with no evidence, rather like many false allegations I've seen recently.

camm79

I have had played some email tennis with maplin but they will only support me if I have a proof of purchase. So that means that you are only allowed to park there if you spend money!!

I will look to send the letter, pasted above, to ukcps tomorrow.

Do I need to submit any other info or just copy the letter verbatim?

Thanks in advance.

Fruitcake

Send copies of previous purchases to Maplins to show you are were a loyal customer.


Make sure your employer doesn't pay the charge on your behalf, so tell them you are dealing with it and they should do nothing.

camm79

Thank you.

I have found a previous order confirmation email so have sent that.

They don't seem to be willing to move although I have advised that I will use any correspondence to highlight this racket and the fact that they will only support you if you have spent money and not merely browsed.

The local paper may be interested. I thought that this type of nonsense had been eradicated in Hull.

Redx

camm79 wrote: »

I thought that this type of nonsense had been eradicated in Hull.

not been eradicated anywhere in England or Wales, never mind Hull (which is in england )

Ralph-y

in your next table tennis serve to maplins ....

tell them you where looking at / researching some thing expensive and now you are going to buy from a retailer who does not harass its customers


Ralph:cool:

camm79

Thanks Ralph. Told them exactly that. Not overly far from the truth actually.

Re the "eradication", I was referring to the fairly recent local media campaign against cowboy clamping companies across Hull.

It's just a blessing that these type of forums exist for the likes of myself as I wouldn't really know how to challenge it in the right way.

Ralph-y

as further up in the advice you very very really win IPC cases .......

so the only way to shorten the 6 years of waiting is for a landlord / retailer intervention ....

have you tried head office ?

did you try the local rags as you mentioned ?

how about social media ?

keep it up

and good lucl

Ralph:cool: