Staples Parking Ticket Hull - UKCPS

trf688

Yes it is the rectangular one. 4 blue squares with "member of the British Parking Association" underneath.

How confusing!! Is that not worth mentioning then?!

pappa_golf

trf688 wrote: »

Yes it is the rectangular one. 4 blue squares with "member of the British Parking Association" underneath.

How confusing!! Is that not worth mentioning then?!

no , they might be a member of the "I love walls ice-cream club" , but no one will care


they are a member of the IPC and use (?) them for adjudication(????)

trf688

Thanks Pappa Golf. I can see why I lot of people just pay the £60. Even I'm becoming tempted.

I've now ended my letter as follows:

Should you take this matter further I would be grateful if you could provide me with a POPLA number given that your correspondence states that you are a member of BPA.

Alongside this I would be grateful for any and all contracts and land registry information you have with the retail units located on this land. Should you own the land I would like to see deeds so I can look into the authority provided by the owners/leaseholders to UKCPS for matters such as this. Should this not be provided I will be contacting the local planning department to check all permissions for ANPR cameras and advertising signs as well as writing to all the retail units to express I’m being harassed as a customer.

Finally, I would be grateful if you could provide me with a VAT number and subsequent invoice given that this is a contractual charge and applicable to VAT. Should this not be provided along with all the above information I will contact the HMRC to seek further assistance.

The_Deep

Yes, of course it is worth mentioning. The more stuff you raise, the more work you cause them. The more of your legitimate concerns they ignore, the less likely they are to want to try court.

Make them realise that that they have chosen the wrong marine.

https://www.youtube.com/watch?v=QxtXOisa0cY

trf688

:rotfl::rotfl::rotfl::T

trf688

Ok guys just wanted to post back seeing how much help I received from this site and in particular the people on this thread. Thank you again to all involved! I've waited a month/4 weeks and heard nothing back from UKCPS. Given that my letter stated if I hear nothing back in 7 days I am marking the appeal as successful I am hoping that closes the matter. My second letter is included below so other people can see and use it as required. I'll keep you posted if anything comes through!

Following the letter dated the XXXX I have summarized some additional arguments below.

1. You the claimant states that there was a contract in place between myself as the owner of the vehicle and UKCPS Limited. I do not accept this for the two reasons. Firstly, the signage is unclear and ambiguous upon entry to the car park but in any event I submit that such a contract would have been unfair. The Unfair Terms in Consumer Contracts Regulations 1999 state amongst other things:

Unfair Terms

5. (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

Assessment of unfair terms

6. (1) Without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.

(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate –
(a)to the definition of the main subject matter of the contract, or
(b)to the adequacy of the price or remuneration, as against the goods or services supplied in exchange

2. I submit that if the Court were to find that there was a contract in place it was clearly not individually negotiated and it caused a significant imbalance in the parties’ rights and obligations arising under the contract to my detriment. Looking at the nature of any service which was allegedly provided to the driver, this amounted to parking for 20 minutes in a half empty car park which in this time frame the driver visited one of the retail units on site. As a visitor and potential buyer to one of these retail units the driver would not expect to be charged. I will be writing to the stores in question to state that I will not be visiting their shop anymore should I be harassed by UKCPS. The car did not cause any loss to the owners or occupiers of these retail units and I subsequently have established that there is a nearby car park for a charge of £1.90 for two hours which indicates a fair value of parking at that time. In real terms this would equate to 32p for the above time in the car park in question.

3. In view of the above I assert that the contract which UKCPS claims to have been in place would in any event have been an unfair contract under the terms of the above regulations.

Should you take this matter further I would be grateful if you could provide me with a POPLA number given that your correspondence states that you are a member of BPA.

Alongside this I would be grateful for any and all contracts and land registry information you have with the retail units located on this land. Should you own the land I would like to see deeds so I can look into the authority provided by the owners/leaseholders to UKCPS for matters such as this. Should this not be provided I will be contacting the local planning department to check all permissions for ANPR cameras and advertising signs as well as writing to all the retail units to express I’m being harassed as a customer.

Finally, I would be grateful if you could provide me with a VAT number and subsequent invoice given that this is a contractual charge and applicable to VAT. Should this not be provided along with all the above information I will contact the HMRC to seek further assistance.

I await your considered response within 7 days otherwise I will regard the matter as closed and the appeal being marked as successful.

Regards

trf688

Unfortunately I spoke to soon and have received a letter today say my appeal is now marked as late. This is despite writing back in the desired time frame of the second letter. UKCPS have provided nothing further following my requests and now said they will not engage with IAS as I have not complied with the internal appeals process.

Any further advice welcome please!

Coupon-mad

Do nothing; this was exactly to be expected. Just keep each letter and come back if they try a small claim.

Have you exhausted the landowner complaint avenue?

The_Slithy_Tove

trf688 wrote: »

By parking the vehicle and the occupants not remaining on the site the driver contractually agrees to pay a parking charge of £100

You could always now ask them for a VAT invoice since it is a contractural charge. If they refuse, report them to HMRC.

trf688

I haven't got into the landowner complaints yet. I will be visiting the stores and asking to speak to someone asking for their support. I will also progress the HMRC VAT invoice. They haven't mentioned this within the letter in fact they have pretty much ignored most of the things I wrote and finished the letter with:

UKCPs Ltd provide national car parking solutions. Our ICO registration number is z968298X and we have electronic access to the DVLA database of Registered Keepers. We are accredited AOS operators with our ATA (Approved Trade Association)

The letter also states:

As stated on the PCN all appeals, from the driver, must be received within the stipulated time of issue. After receiving the NTK the keeper may appeal if they have not already appealed as the driver. As your appeal was presented significantly late the appeals procedure has now closed and the parking charge will stand. The IAS provides and alternative dispute resolution scheme for disputed of this type. However as you have not complied with our internal appeals procedure we will not engage with the IAS

In relation to the above I have not provided details of the driver so does that make my appeal still valid?